Section 8. Applying to court

[locolupa]

Well, after what seems an age, my 97 yr old aunt will be applying on Dec 1^st for a possession order after issuing a S8. It has been checked by a solicitor and is ok.

She moved into a council flat to allow her adopted daughter and husband to live there.

This daughter has since died and she wants the house back.

Now the questions I have are:

On the n19

• The assured tenancy began in 1990 but she can’t remember the month and it was a verbal agreement. What do I put?
  
• She is claiming Ground 6 (substantial renovation)
  

Ground 8 (non payment of rent over 8 weeks (40 actually!)

Ground 10

Ground 11

Ground 12

Ground 13

Ground 14

What do I put in part 4 a and b? Do I just give a short description?

In part 8 should I give her financial status? (it’s dire)

On N5:

For ‘full particulars of claim’ do I just include the S8 or should I also write a covering letter?

What should I include?

Hope someone can help!

[lauralivesartnouveau]

Hi Florrie

If you have issued a section 8 and you have used ground 8 and if as you say 40 weeks of rent arrears. you should have no problems as ground 8 is a mandatory ground so a judge must provide you with possession. it is the only one you really need to worry about.

once the two week notice expires you can then app;ly to the court for a possession hearing to obtain a possession order.

The easiest way to do this is via www.possessionclaim.gov.uk

its run by the court service and its free to use you only pay the court fee which is £50 cheaper than the paper format.

Hope this proves helpful

Oliver