Section 8 Ground 7A

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  • JK0
    replied
    Epilogue

    Flat is all nicely cleaned & renovated now, and up with an agent. (My friend made the mistake of showing it in progress, and the viewers are no longer interested.)

    One small problem was that my 'tenant' went off with the only mailbox key, so I have been collecting the mail by inserting my hand from outside. This is not ideal for tenants, so I just bought myself a lock pick kit and picked the lock easily this afternoon.

    Back in June I had the carpets cleaned and the cleaner left the new keys in my mailbox. (I heard them fall when I pulled out some junk mail the next week.)

    Imagine my surprise that the new keys are not in the box. My pimp tenant has nicked them!

    Now I have to change the locks again!

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  • JK0
    replied
    In view of not being able to find any section 8 process guidance, I decided to wait the further month and use the section 21. I have applied to the court for possession.

    As you know my 'tenants' did a bunk back in February when plod came knocking. Presumably I can't assume they have surrendered the place, and will still need an order. Do I also need bailiffs, or can I just take possession myself when the order decrees?

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  • JK0
    replied
    I am preparing to send in a N5 to the court at the end of this month. I see mention of N119 here and there on Landlordzone, but I am not clear what it is for. Is it just for rent arrears, or do I need to send in both forms whatever the grounds?

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  • JK0
    replied
    Thanks guys.

    Where do I stand regarding council tax now? I bet council try to make me pay it rather than Mr Pimp. I read that it is not charged if the property is not able to be occupied by law, so I have filled in the form for exemption.

    http://www.reading.gov.uk/counciltaxexemption

    Any thoughts?

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  • jjlandlord
    replied
    For ground 7A, and since the tenancy is periodic, the notice must be no less than it would for a notice to quit: Assuming a monthly tenancy, a notice to quit would require no less than a month notice with an expiry on the last day of a period, so your section 8 notice must not expire earlier than that date.

    I am not sure that LLZ's section 8 notice is the latest, valid version (I haven't checked).

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  • theartfullodger
    replied
    Dunno for sure, think were this me I'd talk to LL assoc or a specialist solicitor.

    I think it is may be min. 4 weeks after service & the expire first or last day of the period of the tenancy but don't take my word.

    Having said that doubt your esteemed tenant will be defending the possession.

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  • JK0
    replied
    Thanks Artful.

    I have another problem regarding notice. That link you provided from the guild gives me the impression I would need to give one month's notice from the next rent day. However the Section 8 notice here on Landlordzone says at least two months notice are required. Which is it?

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  • theartfullodger
    replied
    Think that's only when used during fixed term - s7(6) of HA 1988 see
    http://www.legislation.gov.uk/ukpga/1988/50/section/7
    (6)The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

    (a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and

    (b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
    - most typically for s8g8

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  • JK0
    replied
    Uh, oh. Here's a little problem:

    The section 8 notice says that only grounds notified to the tenant at the start can be used to evict him. Where do I stand regarding ground 7A? I'd have thought very few if any tenancy agreements make reference to it, as I only heard of it yesterday.

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  • theartfullodger
    replied
    Sounds promising: I'd want to read the actual closure order.

    Good luck!

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  • JK0
    replied
    Morning all.

    I went to court as Artful suggested and just got back. I had a chat with the police officer outside. He told me that he was applying for a closure order for three months, but if I find a new tenant after 6 weeks they will have no objection to lifting it. I asked how I could find a new tenant if the place was closed. He said that the order only prevents people living there. I think it will take at least 6 weeks for a possession order, so I left it at that, and came home.

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  • jjlandlord
    replied
    I don't think that a closure notice is in general enough for the tenancy to cease being assured as the prohibition is temporary and usually very short.

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  • elniinio
    replied
    Only if you an serve the s21 before the closure order. Otherwise it's no longer the primary residence, not an ast, and s21 doesn't apply. Surrender is the best way forward. T is liable for rent for the duration and may not realise this.

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  • theartfullodger
    replied
    Aye: & offer early surrender?

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  • JK0
    replied
    Thanks Artful.

    It seems very odd that I have to give way more notice now I am in a periodic tenancy than during the fixed period. As the guild say, I might just as well issue a section 21 notice.

    Leave a comment:

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