Wrong amount stated section 8 notice

  • Filter
  • Time
  • Show
Clear All
new posts

    Wrong amount stated section 8 notice

    Hi. I'm hoping someone will be able to help please.

    Section 8 notice was served and I was about to start court proceedings online but just found that the rent statement attached to the section 8 notice was wrong. It was missing some months so made the arrears lower than it should be.

    E.g. arrears should be £6k but incorrectly calculated as £4k. The £4k number was written in the section 8 notice. This means payment details section of PCOL won't tie to s8 notice. Do I have to reissue the notice or it can be explained in court? Send correct statement to tenant? s8 will still have wrong amount.

    The arrears is more than 2 months, the correct amount is a lot more than stated on the s8 notice and tenant has never ever paid on time in 4 years.


    Can anyone help please? Thanks


      As long as the £4k is higher than the debt required to validate the s8 notice (i.e. more than 2months) then the notice would be valid. Giving a NoSP is about advising your tenant that legal action is due to commence and outlining the reasons for it. The actual amount of debt would be decided in chambers as it have invariably changed since issue.
      Ultimately, the judge would decide on validity due to numeric error, however as long as the erroneous value is still high enough, I wouldn't be overly concerned...
      ....however we are talking about District Judges and their habit of unpredictability. I would feel confident with the ones I see regularly. Others may disagree.
      I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.


        Thanks for the response, I will do it again just in case. So cross with myself ... aargh!


        Latest Activity


        • Reply to End of tenancy questions
          by leasee123
          So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?...
          02-12-2021, 09:56 AM
        • End of tenancy questions
          by leasee123

          I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course...
          01-12-2021, 21:08 PM
        • Reply to Alternative ways to enforce a Peaceable Eviction
          by bob369
          I wish to gain a court order for eviction, can that be sought in advance of the approaching Notices end date, or does he need to become a 'hold over' tresspasser before I can apply.
          Apologies that is a typo, if it wasn't for the infernal 'Moderator Approval' system being so pedantic I would have...
          02-12-2021, 09:54 AM
        • Alternative ways to enforce a Peaceable Eviction
          by bob369

          A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

          I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
          24-11-2021, 23:16 PM
        • Reply to End of tenancy questions
          by jpkeates
          You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

          The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent....
          02-12-2021, 09:50 AM
        • Reply to Granting a very long AST (to a family member)
          by Section20z
          The flat's lease will likely prohibit lettings of more than a year (or class it as an assignment)
          02-12-2021, 09:44 AM
        • Granting a very long AST (to a family member)
          by meehr
          For a variety of reasons a family member is considering renting out their leasehold flat to a cousin for a long period of time - to provide security they want to grant a very long AST, like 8 years (till kids have left home basically). They both want to do this for security and avoidance of argument...
          01-12-2021, 23:27 PM
        • Reply to End of tenancy questions
          by leasee123
          But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?
          02-12-2021, 09:43 AM
        • Reply to who's repsponsibility
          by jpucng62
          Tenants often don't have the tools to manage large foliage or dispose of it. If I could do it without too much effort I probably would or offer to arrange for it to be done & pass on the cost. It is definitely their responsibility.
          02-12-2021, 09:20 AM
        • who's repsponsibility
          by madmaxwell
          Received message from tenant saying the storm last week had caused the bush/tree at the front of the property to blow over and could I sort asap. I replied I didn't know there was a bush/tree at the front of the property and enclosed the inventory photograph of the front showing this. The tenant responded...
          02-12-2021, 08:54 AM