Can I ask for a doctors note

[michael james]

I have 2 years of payments/non payments to enter.

[KeepTheFaith]

From post #18

He stopped paying the additional £50 to reduce arrears back in October 2018 and in fact has now not paid his rent since November, although when he missed November he promised to pay me all outstanding rent and arrears by the end of December, as he was expecting a large payment. He is currently at 5 months arrears.
I issued him with another section 8 on 29^th Dec giving him until 22 Jan to comply before court action. However I have not received any further money and when chased he offers elaborate excuses as to why his payment has been delayed and has asked for more time. His latest communication has said he will pay everything he owes by the end of this week

So he has started paying rent again.
How far over the 8 weeks arrears is he now?

Not sure if jpKeates was confusing it with a MCOL claim not PCOL?

[jpkeates]

You enter the history of all the rent due dates.
1/1/18 - £450
1/2/18 - £450
1/3/18 - £450

The history of all the rent paid.
3/1/18 - £450
2/1/18 - £450
3/4/18 - £195

or whatever, and the difference is the arrears.

I've seen versions that are set out with the rent's due and the payments as separate lists and others where the dates are simply chronological.
If you do it chronologically, I'd make sure the payments are rent can be easily distinguished (separate columns or brackets around one type of payment - don't use colour or font).

The idea is that the arrears and the sequence should be easy and obvious to see and work out.
The judge wants things on a plate that require no thought.

[michael james]

Keepthefaith, no rent payed since Nov 2017 so currently 6 months in arrears.
jpkeates, I have done a rent schedule to the tenant which will also be included in my witness statement but the online PCOL form to get a court date to gain possession only allows the fields described as above, so my first few entries are as below:

01/03/2017	300.00	0.00	1500.00
01/04/2017	300.00	300.00	1500.00
01/05/2017	300.00	300.00	1500.00
01/06/2017	300.00	620.00	1180.00
01/07/2017	300.00	350.00	1130.00

It is asking me to enter payments on the payment due date only. He never pays on this date even when he has paid rent. Do I enter his payments here as if he did pay on time or not at all and just account for them in the accumulated arrears which will go up and down accordingly? I don't want it to look as if he has been paying on time when he hasn't. In the example above I have been putting any late payments into the following month.
ie. If I received rent on the 22-4-2017 I have entered £300 into the 01-05-2017 due date, by which time another month's rent is due so the arrears does not change. My question is should I change this as nothing is paid on the rent due date, but perhaps that would be too literal an interpretation of the below

Amount Paid *
£
Enter the amount paid on the date you have entered above.

[michael james]

Tried to get through to the clerks at the county court busy today. I have a question regarding Leave of the court and how to start that process. Do I submit my application for possession online without ground 14 then ask latter if I can add it?

[KeepTheFaith]

michael james,

The form doesn't sound like it is fit for purpose. I can't see it without registering so I am only going on what you write here. I think everyone trying for ground 11 persistent delay in paying the rent, is going to have similar dilemma here. What you suggest about putting the late payment into the next month seems to be a sensible way of doing it. Rather than a literal interpretation.

Is there a part anywhere you can add extra information? Maybe you could put a note in explaining what you have done?

Otherwise if you can get through to the court ask them

[KeepTheFaith]

Tessa and Ben from Landlord law blog don't rate going for a section 14:

"If you are a landlord and find that you have rented to a criminal by mistake, or you need to evict an anti-social tenant in an HMO who is causing all your good tenants to give notice and leave, if at all possible use section 21 rather than this ground.

Ground 14 should only be used as a last resort – as in the case above, you will probably just get a suspended order"

https://www.landlordlawblog.co.uk/20...al-conviction/

Also see:

https://www.landlordlawblog.co.uk/20...onary-grounds/

From reading those I would consider whether it's worth trying to add section 14 anyhow?

I can't find any information on getting leave of court sorry.

PCOL is only supposed to be for grounds 8, 10 and 11 however.

[michael james]

Thanks keepthefaith, yes I have decided I'll do that. I have also booked an engineer for the boiler and my tenant has reappeared. I will try court again tomorrow to find out the process for adding ground 14 as you mentioned asking for leave of the courts. I don't suppose you have any insight?

[michael james]

Your post just arrived regarding ground 14 thanks. Ignore my question please.

[michael james]

Thanks for the post Keepthefaith your a star. I think I'll just mention the antisocial behaviour in my witness statement and exhibit the evidence there. I did suggest this to the solicitor I met with last week as a way of getting it into court and he seemed to agree. Thanks

[KeepTheFaith]

Wording exactly as it is on section 8 is as follows: Ground8:b) if rent is payable monthly, at least two months rent is unpaid. Ground 10: Some rent is due lawfully from the tenant - see attached schedule marked ‘appendix 1’.Ground 11: tenant has persistently delayed paying rent lawfully due – see attached schedule marked ‘appendix 1’

Have u set out the grounds in full? Does your section 8 notice say:
'for the purpose of this ground “rent” means rent lawfully due from the tenant'

And does it say it has to be 2 months unpaid at date of the hearing?

See link below at the end of the page under 'iv) The section 8 notice'.

https://www.google.com/amp/s/nearlyl...e-notices/amp/

[michael james]

Hello Keepingthefaith no is the answer but I have attached to the section 8 an appendix with the excerpt from schedule 2, Housing Act 1988 grounds for possession where it does state this. As well as a rental schedule for the past 2 years 4 months.
Also I submitted a section 8 some 5 years ago that went to court and the above is what I submitted word for word regarding grounds for eviction. The solicitor I met with last week did go over my section 8 also didn't pick up on this. I haven't submitted yet but feel under pressure by the 2 remaining tenants to get him out.
What do you think?

[michael james]

Here is a cut and paste from section 8.

3 Your landlord/licensor* intends to seek possession on ground(s) 8,10,11........ in Schedule 2 to the Housing Act 1988 (as amended), which read(s):

See attached sheet marked ‘appendix 2 ‘ Excerpt from Schedule 2, Housing act 1988(as amended)...................... ....

.................................................. .................................................. .................................................. ....................

.................................................. .................................................. .................................................. ....................

.................................................. .................................................. .................................................. ....................

Give the full text (as set out in the Housing Act 1988 (as amended) of each ground which is being relied on. Continue on a separate sheet if necessary.



4 Give a full explanation of why each ground is being relied on:

Ground8:b) if rent is payable monthly, at least two months rent is unpaid. Ground 10: Some rent is due lawfully from the tenant - see attached schedule marked ‘appendix 1’.Ground 11: tenant has persistently delayed paying rent lawfully due – see attached schedule marked ‘appendix 1’................................................ .................................................. ........

.................................................. .................................................. .................................................. ....................

.................................................. .................................................. .................................................. ....................

.................................................. .................................................. .................................................. ....................

Continue on a separate sheet if necessary.

[michael james]

3 Your landlord/licensor* intends to seek possession on ground(s) 8,10,11........ in Schedule 2 to the Housing Act 1988 (as amended), which read(s):

See attached sheet marked ‘appendix 2 ‘ Excerpt from Schedule 2, Housing act 1988(as amended)....

[michael james]

Phoned solicitor this morning waiting for him to return my call regarding current section 8. I am already drafting up a new section 8 to send off again with a remedied changes to section 8.
As I am possibly issuing a new section 8 from what I have understood don't add
grounds 14 The tenant or a person residing in or visiting the dwelling-house-

(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality