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    Pcol

    Hi all

    Just filling in the PCOL form and want to make sure that that my claim particulars are correct

    For Reason for Possession can I list the Grounds for my Section 8... the same legal txt that I included in my s8

    Notice Type - Section 8 - Notice seeking possession. Also going after rental arrears, but do I just tick the Monetary Judgement box for that

    What do I put or should I put in About the Defendant:
    Do I just expand on Recovery Steps already Taken and their response to that

    What kind of circumstances do mention on About the claimant
    Financial problems as a result?, the opportunities I gave the Defendant to fix situation?

    Thank you for advice

    #2
    I'd forget about PCOL or any section 8 if I were you.

    Why aren't you doing a section 21?

    Comment


      #3
      The s21 is while away to expiry.

      Comment


        #4
        Unless it's more than 6 months away, you're best advised to go with s21, as it can't be defended.

        Comment


          #5
          Its 3 months till expiry of term of contract, not had rent for over 3 months... so thought s8 would have been best course of action

          Comment


            #6
            If you go ahead with S8, I suspect your judge will adjourn your case for 2/3 months while you prove at your expense that there is no fault with the place. In view of that, I suggest S21.

            Comment


              #7
              How frequently do rogue judges adjourn possession proceedings in this way? Has it happened to you?

              Comment


                #8
                Nope. But I'm not daft enough to go with section 8. Others on Landlordzone over the years have had exactly that experience.

                You can see judges' whole attitude to landlords from nonsense like this though: http://www.landlordzone.co.uk/forums...iculous-judges

                Comment


                  #9
                  You link to a single instance of a daft decision, which I see related to a s21 application, anyway. To be honest, that's hardly a ringing endorsement of your present rather sweeping advice.

                  Comment


                    #10
                    Okay Stuart, I'll make a bet with you...

                    Ntray, go ahead and proceed with your section 8. If you have a possession order within 3 months, I'll send you £100. If you don't, Stuart will send you £100.

                    Fair enough?

                    Comment


                      #11
                      I did evict a tenant, last year, following a s8 Notice, having made my application via PCOL. The possession order was made at the first hearing, and my only issue with the process was that the court took over two weeks to draw the order. We were only two months into a fixed term when the tenant defaulted, and I wasn't going to sit by and watch the tenant live rent free until I could serve a s21 notice.

                      If anything, I would guess (and it is a guess) that a significant percentage of s21 proceedings don't get very far as so many landlords seem to have no clue as to the prerequisites of a successful application.

                      Rather more than £100 is at stake for the OP. If three months rent is already overdue, and he has already served a s8 notice which has expired, then proceeding to apply for an order under s7 seems perfectly reasonable. There are three more months until a s21 notice could expire, by which time a substantial sum of rent will be due. There's no possibility at all that the OP could have an order in three months by proceeding under s21: the most he could do is to have his application ready for the post.

                      Comment


                        #12
                        Bet not accepted then?

                        Comment


                          #13
                          I'm not a betting man, but do bear in mind that you have offered nothing at all by way of justification for your advice, or made any considered point in relation to mine or the OP's position. That, increasingly, is the default style of 'advice' to be found in this forum, and I am beginning to doubt its usefulness.

                          Comment


                            #14
                            I will be proceeding via a s8. I did also send a s21 notice out as well. Another question, During the time of the notice and now, a further rent is due - which has not been paid, can I include this is rental arrers or can I only claim after what was on my s8.

                            Thank you

                            Comment


                              #15
                              Originally posted by ntray View Post
                              For Reason for Possession can I list the Grounds for my Section 8... the same legal txt that I included in my s8
                              Yes (depending on what form of words you used). I put "Reason For Possession: Possession is sought on Ground 8 in Schedule 2 to
                              the Housing Act 1988 (as amended), there being at least two months rent unpaid." There is no requirement to set out the wording of the ground in the Particulars of claim (N119).

                              Notice Type - Section 8 - Notice seeking possession. Also going after rental arrears, but do I just tick the Monetary Judgement box for that
                              Yes. It is an advantage of this type of claim that you can obtain a money judgement for no additional fee (and the MCOL fee is not insignificant).

                              What do I put or should I put in About the Defendant: Do I just expand on Recovery Steps already Taken and their response to that
                              I'd put as little as possible. I put "We have no knowledge of the defendants' circumstances, and in particular, do not know whether they qualify for or
                              have applied for any housing related benefit." The HB issue may be relevant if the tenant defends, claiming that delays in dealing with a HB claim resulted in the arrears.

                              What kind of circumstances do mention on About the claimant Financial problems as a result?, the opportunities I gave the Defendant to fix situation?
                              Again, I'd say as little as possible - and I said nothing. Possibly, the fact that the arrears have led to mortgage arrears and there is the threat of repossession might be relevant if the rent arrears are less than 2 months (discretionary grounds) - but if you have one of the mandatory grounds, then possession is mandatory if the ground is proved to the court's satisfaction.

                              Comment

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