Serving a Pre Section 8 Notice

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    Serving a Pre Section 8 Notice

    Hi all

    My tenant has not paid rent for over 2 months now so am looking to initiate the section 8 process. Am starting with the first step,

    I am looking to serve the Final Demand before Legal Action, and give the 2 week notice before initiating the Section 8.

    A couple of questions:

    Does this need to a bit longer than 14 days if I am posting it?
    If I am posting through the door / with a witness there, do I need photographic evidence - ie a selfie with the witness and letter going through the letter box.

    If I post and put the letter through the leterbox, can both notices be the date that I put it through the letter box?

    Thanks in Advance !!

    #2
    If you post something through the door before 16:30 (I think) it's deemed served.

    Personally, I'd send it first class with proof of posting and it's deemed served 2 working days later.
    A selfie with the witness should be OK, but it means that you and the witness will need to sign declarations later on.

    Why are you not simply serving the s8 notice with the final demand?
    You can include a covering letter that says if the arrears are paid in full, you won't go to court to progress the notice.
    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


      #3
      https://www.justice.gov.uk/courts/pr...es/part06#6.26
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        jpkeates,

        Thank you very much for pointing that out, I think I misunderstood what I had to do... Yes, I will serve the section 8 - just to confirm that's the FORM 3 on the government website?. So do I basically put the date 2 working days in advance of when I am positing it

        For Grounds 8, 10,11 - can I just attach a document of overdue months

        For other grounds - how much depth do I need to go into ?

        Thank you in Advance and appreciate your advice

        Comment


          #5
          For the notice you need to give the grounds and use the new prescribed form - which I haven't used.

          When the tenant doesn't move out, you need to complete the form requesting a hearing and that needs the grounds with a lot more detail.
          I'd come back and seek advice when you get there, people on the site are more experienced with s8 than I am.

          There's no harm in including a letter with the notice that gives the tenant's more detail.
          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


            #6
            With respect you could have been serving several s8g10 and/or 11 notices already - can serve if only 1p is underpaid for only 1 day.

            Simply serve s8g8, 10 & 11 TODAY! Hopefully tenant will take the hint and start paying. If he doesn't within 5 days also start small-claims for rent owed (he should get a CCJ earlier..)
            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


              #7
              There is a cost for starting a small claims.

              If the tenant is non-paying which eventually leads to a Possession Order, you can at the same time request judgement for the outstanding rent without extra cost. Though I am uncertain if this judgement is a registered CCJ.

              Comment


                #8
                Not unless and until separate enforcement action is taken.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment

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