Landlordreferencing.co.uk – Forum

I've used Section 8 twice, and been successful both times.  You serve them 14 days notice to correct arrears or other s8 issue.  If they don't, then you login to Possession Claim Online, pay £100 and immediately receive a court date 28 days ahead.

In both my cases, the tenants did not respond to legal action but voluntarily left a few days before the court hearing.  In both cases I still went to court for the proper possession order, and a ccj for their arrears.

Paul Routledge said:

I think I am right when I say that they are very difficult to get through as the T's and I's have to be 100% correct or they just get thrown out of court. It is my belief and having had one that failed because the date was 1 day out that most judges do not like an immediate eviction of any tenant and will try and find a reason to throw them out.

Judges much prefer a section 21 much more civil but maybe someone can tell me if this is their understused about

 

I used 5 Grounds, the principal one being for 2 months of rent arrears.

The judge must give possession even if this is the sole ground.

Some of the other grounds were discretionary.

Had to use Section 8 as the criminal tenant was only 3 months into the 6 month AST.

She is still on google wanted by Polish police

Eleonora Konodyba; 7th entry down ; hit google translate

Avoid like the plague.

Thinking about that; when tenants are uploaded to your site do you have a facility for photos of the alleged tenant to be stored for viewing by a prospective LL.

Mine used the false name of Eleonor Novi

I have used s8 and s21 many times over the years without problems.

It is all about filling in the paperwork correctly. But a word of warning if your tenant has any maintenance issues valid or not they could defend a s8 on disrepair. If the tenant gets Shelter involved tread carefully.

Below is the process I have used to serve a S8.

As soon as your tenant is 2 months in arrears/owing with the rent payments you can serve a Section 8 notice as amended by Section 151 of the Housing Act 1996 under grounds 8,10,11. You do not have to wait 2 full months, as soon as the tenant is 1 month and 1 day behind with the rent you can act. So for example if the rent is due on the 1st of the month and January 1st rent is not paid and then 1st Februarys isn’t paid either, on the 2nd February you can serve the section 8 notice on the tenant.

To serve the notice on the tenant all you need to do is post 2 copies of the completed notice, one by recorded delivery and the other with proof of postage. There is an argument for serving a separate notice on each adult at the property (or each person named on the tenancy), so if there are 2 adults on the tenancy agreement that would be 4 letters sent in total.

Important notes when filling out S8

1. Enter correct full names of tenants with correct spelling and add Mr, Mrs or Ms.

2. Enter correct Post Code of property. Check on Royal Mail web site if necessary

3. On para 4 make sure this amount tallies with the rent schedule.

4. On Para 5 enter a date at least 17 days after you plan to post/serve notice (that allows 3 days for post)

5. On the rent schedule list payments from when the tenancy started or when the arrears started but try to go back at least a year.

barum said:

I have a section 8 going on at the moment.

The notice was served via possession claim on line, court date was set and upon attending the judge adjourned the case in order to give the tenant time to try and find the money, She hasn't of course and in the meantime we are back to court on the 22nd of April and another month without rent.

 

Rigsby said:

This is why you need a solicitor sometimes. If you used ground 8 which is mandatory and it was still valid at the time of the hearing the judge should have given possession in 14 days.

It is times like this you need to pipe up and say "With all due request Sir I believe the law is quite clear  in the matter and if the defendant still has 2 months rent owing which they have the court has to award possession which we respectfully request in 14 days time"

 

There is nothing wrong with pointing the judge in the right direction (respectfully) and if you are incorrect the judge will/should explain why. But be prepared and have the wording of the law and or case law to hand.

I have had to twice pipe up to a judge who wanted to give 28 day possession orders and I just said I wanted 14 days which was given without question.

Another s8 hearing I went to the tenants legal aid solicitor quite forcebly told the judge she was incorrect and went on to tell her why. This 10 minute hearing  when on for 40 minutes with us having to leave the room while the judge took further advise. The judge agreed he was correct in the end .

 

The moral is dont think the judge knows what they are doing and BE PREPARED

But if they are in a fixed contract you could wait months until the 2 months notice of the s21 even starts which isnt practical in some situations.

You have leave your options open.

roy@evolutionlettings.com said:

I have to be honest i would always go standard section21 and get them out quick as possible and then debt collection company. Far quicker, easier and
Much less risk of judge throwing it out!

Just to advise debt collection companies are a complete waste of time and money to recover debts;  I know they are chasing me all the time and I just ignore them and they go away in the end.

Far better to go for CCJ, warrant of execution, order to attend court for questioning, AOE order, garnishee order.

Only fly in the ointment you need to know where they are and the order for questioning has to be handed to them personally as you have to complete an affidavit as to how you served it.

The letter box is not good enough.

If the losses are small give up and just claim the losses against your tax bill.

As a matter of interest this is why lots of wrongun tenants pass credit checks as LL have not bothered pursuing them.

Which is why LRS is so useful as it enables a LL to discuss with a previous LL the rent payment history.

Credit reports which are glittering are not necessarily gold!!

Agree with Paul completely but again, why do landlords insist on signing a 12 month tenancy!!!! It can only prolong the agony!!!

If you have RGI you will suffer no losses whatsoever, unless the wrongun tenant decides to trash your place and steal stuff.

So I guess you need LL contents insurance.

Then you are covered, leave it all to the RGI company and just watch the rent roll in courtesy of the insurance comapny, and all for £96.00 per year, no brainer isn't it!?

ALL LL who cannot cover these sorts of losses via cashflow MUST obtain RGI otherwise 1 wrongun tenant could bankrupt you and end up with the property repossessed.