How to complete a Section 8 notice | Discuss

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How to complete a Section 8 notice
22/12/2018
7:25 pm
Peter Jones
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Hi,

 I’m planning on serving my tenants a S8 on grounds 8 and 11 using Form 3 as found here https://www.gov.uk/guidance/assured-tenancy-forms#form-3

I have a few questions:

1. Can I just insert extra lines for #1? as there isn’t much room to put the tenant’s names

2. On #3 there’s a section which states “as reads” – can I just copy and paste sections 8 and 11 from https://www.legalforlandlords.co.uk/section-8-grounds-for-eviction/ on the lines or use an extra sheet?

3. For #4 I’m planning on stating tenant is more than 2 months in rent arrears and explaining that the tenant has consistently made late payments.

4. For #5 court proceedings will not begin after, I’m planning on using 18 days from postage to allow delivery.

Any advice is appreciated.

Thanks in advance.

Peter

22/12/2018
7:35 pm
Peter Jones
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Sorry, one last question, the tenancy contract has the names down as (e.g.):

 James Brown

 Sue Brown

On the S8, is it OK to use 

James Brown 

Sue Brown

Or do the names have be preceded by Mr and Mrs?

Thank you

10/01/2019
3:52 pm
Tenant Referencing
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Hi Peter, 

Sorry for the delay on your question, the moderation queue was held up but we have managed to resolve it. 

I’m sure you have already found the answer you were seeking by now. Remember, members do not need to go through moderation process so feel free to signup so there is no delay on any further posts. 

21/01/2019
10:47 am
Jenny
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Hi, I’m a new landlord and my first Tennant has been horrible.  Every payment was late and the last 3 month have been non payment.  The contact is up in two weeks I served notice 2 months in advance but I know he’s not going to leave.  So I filled out a section 8.  He is saying it’s nit a reasonable request to make him leave and be paid up arrears in 2 weeks.  He says he’s intending to pay but I just want him to leave.  Will my section 8 be valid if he starts to pay in parts of his arrears??? 

25/01/2019
6:55 pm
jicky
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Thanks for the advice

08/03/2019
3:08 am
PaulBarrett
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No all a tenant has to do is to reduce the rent arrears to 1 month.

This could occur on the day of the PO County Court hearing!!!

Cleared funds though.

An uncleared cheque would NOT suffice!!!

Cheques from rent defaulting tenants have a tendency to bounce even though it is actually a criminal offence to write a cheque out when it is known thete are insufficient cleared funds in the account to allow the cheque to pay out!!

When was the last time that someone was prosecuted for bouncing a cheque!!!?

I believe a bounced cheque in France is not to be recommended.

The sanctions for doing so are apparently quite onerous!!

As far as I am aware 2 months of rent arrears qualify for the S8 process and so means 1 month and 1 day if the TA specifies rent is due 1 month in advance.

If the tenant reduces rent arrears to only 1 month then the Judge is obligated to remove the PO on the mandatory basis.

Good luck on a Judge taking any notice of the other S8 provisions to facilitate a PO.

These problems are why LL choose to use the S21 process.

If the tenancy agreement is to receive rent in arrears by one month then indeed a full 2 months would need to elapse before S8 could be issued.

I doubt there is any LL stupid enough to offer a TA paid in arrears!!

The fact that HB may be paid in arrears is totally irrelevant.

If the tenancy states advance monthly rent then that is what has to be paid.

So if a tenant receives HB but DOESN’T pass onto the LL then 2 days later the tenant is 2 months in rent arrears!!

If the tenant has UC the LL will be over 4 months in arrears before receiving anything and even that only occurs if the UC arrears service works………………..which it DOESN’T!!!!.

So as soon as the tenant misses the rent payment for the 2nd month they are automatically 2 months in arrears.

You just have to hope they DON’T reduce rent arrears to 1 month as you would have to start the County Court process all over again.

Sp even more months of arrears before a new S8 hearing to say nothing of all the CC fees required again to commence proceedings.

S21 is a far more efficacious process which is why most LL use it.

It is nothing to do with no fault.

There is usually lots of fault caused by the tenant; mostly rent arrears.

S21 remains a far more functional process than S8 though this is changing with the revised S21 requirements.

Getting rid of rent defaulting tenants is definitely going to become a lot harder.

Which is why it should be sern as an absolute imperative to use the RGI services and TRP of LRS!!!!!

By implication this means letting to only certain types of tenant.

It will mean that DSS tenants will not be acceptable.

I haven’t met one who could pass the RGI checks that LRS requires!!

Though I believe it might be possible to take on a DSS tenant if a guarantor can be sourced who passes RGI checks.

The chances of that ever occurring is about the same as ever finding rocking horse s###!!!!!!!

If as a LL you can only source DSS tenants you have to seriously question whether you are in the right business.

DSS tenants can seriously damage your wealth.

Is it really worth the risk!?

Personally I think NOT which is why I refuse to take on any HB tenant at the outset of a tenancy.

24/03/2019
8:53 pm
rigsby
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If you want to use a section 8 the normal grounds to use are 8,10 & 11, for rent arrears. G8 is for 2 months rent owning and G10&11 are for paying late etc.

With a s8 some grounds are mandatory which means the judge HAS to give a possession order if everything is in order.

Some grounds are discretionary which means the judge MAY grant a possession order if everything is in order and there is enough evidence. 

Ground 8 is mandatory

Ground 10 & 11 are discretionary

To guarantee a possession order you need to rely on G8 but as Paul correctly states if a tenant brings the arrears down by just below 2 months rent owing you cant rely on G8 any more and although that is a risk it isnt very common.

If the above happens you can fall back on G 10 & 11 at the hearing and hope for the best, but if the tenant doesn’t turn up in court (a lot dont) the judge will very likely still give you a possession order..

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