Wrong amount stated section 8 notice

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    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.

    Thanks.

    #2
    Can anyone help please? Thanks

    Comment


      #3
      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.

      Comment


        #4
        Thanks for the response, I will do it again just in case. So cross with myself ... aargh!

        Comment

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