Implication of Section 48 on section 8 eviction

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Implication of Section 48 on section 8 eviction

    Hi all, long time lurking these forums (as a new landlord) but now find I have to post to get some opinions before taking things further. Almost 2 weeks ago I served a section 8 notice on my tenant who is now over 6 months in arrears. After having a nagging suspicion something was missing I rechecked the tenancy agreement and realised that I had not filled out the address part for the section 48 (address for service of notices). Obviously this invalidates the Section 8 I served and my question is this:-

    Once I serve a section 48 the rent becomes "lawfully due". Does this mean I can serve a fresh section 8 form immediately (or shortly after) or do I have to wait until he accrues ANOTHER 2 months arrears AFTER the section 48 service before I am eligible to use section 8. I have tried and tried to search for the answe and I fear the latter may be the case..

    Any opinions would be most welcome

    #2
    IMO once you have served valid s48 , full rent due to you becomes payable Send T a rent statement with s48, or wait until next rent due date

    Comment


      #3
      When did the tenancy start, and how long was the fixed term?

      I would guess despite not having a "Sec 48", your Sec 8 would still go through, but as the lead time is only 14 days, you may as well do it, serve a fresh Sec 8 and proceed.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Tenancy started Nov 2013 for a 6 month fixed-term.

        Comment


          #5
          Send the Sec 48 details(keep copy and proof of posting), and wait two weeks.
          Certainly do not need to wait any longer than this.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            What does the tenancy agreement actually say, is there just no address in the Landlord section?

            Has the tenant ever written to you or have you ever written to the tenant with your address included?

            Presumably rent was paid up until six month's ago?

            Once the tenant has the information that makes the rent due, in theory all of the six month's rent is owed immediately, so the section 8 ground 8 should be available (more than two months rent is unpaid).
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Sorry for delay in replying, yes there is simply no address in the contract. The tenant has in fact written to me at my home address which I have kept but I read somewhere or other that this does not satisfy the requirements of Section 48. He has fallen behind before due to work problems (he is self employed) but this arrears were paid in full by the council and I was fully expecting this to happen again as he told me he was in discussion with them.

              Thanks for your time everyone. Much appreciated.

              Comment


                #8
                Yes: Serve s48 notice. Next day serve fresh s8.

                Is it still in fixed term?? If so does tenancy permit use of s8g8 in fixed term?

                What does tenancy say about payment of rent ? If 4-weekly, s8g8 doesn;t apply....
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by Beethoven View Post
                  The tenant has in fact written to me at my home address which I have kept but I read somewhere or other that this does not satisfy the requirements of Section 48.
                  Says who?

                  There question really is: was the tenant provided with an address he can use to write to you?

                  Comment


                    #10
                    Section 48 does not say what form the notice has to take. However, since only two weeks notice is required it has to be a wise precaution to serve a section 48 notice and then reserve the section 8 notice.

                    There is no doubt that the rent has to be lawfully due when a section 8 notice is served since ground 8 says 'for the purpose of this ground “rent” means rent lawfully due from the tenant' and section 48 says 'Where a landlord [...] fails to comply with subsection (1), any rent [...] due from the tenant to the landlord shall [...] be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.'

                    Comment


                      #11
                      Thanks everyone, Section 48 served today and will follow up with new section 8 shortly.

                      Comment


                        #12
                        Just a quick update. New section 8 was served and on the last day of the notice T emails to say he wil be out by Monday (today). Email came just in time before I started proceedings and T is now out. Thanks for the advice all, job done. (And a few lessons learned...).

                        Beet

                        Comment


                          #13
                          That's a good result.
                          I wish all mine would go as smoothly.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment

                          Latest Activity

                          Collapse

                          Working...
                          X