keats65 Posted January 27, 2010 Report Share Posted January 27, 2010 Hi, I have a tennant whos rent is due monthly in advance. His arrears stand at 2 full months because his rent has just fallen due. Can i serve the s8 or do I need to wait until the second month that he owes for has lapsed ...in other words the day before the 3rd month falls due (unpaid). Link to comment Share on other sites More sharing options...
Lyndon Posted January 27, 2010 Report Share Posted January 27, 2010 A Section 8 Notice for arrears may be served as soon as they owe two month's rent in money HOWEVER I recommend that you serve a S21 at the same time precisely because of that. Should you take them to court relying solely on the S8 and before the hearing they pay a few pounds off, the arrears then drop below two months and your claim will fail. With a S21 the court has no option but to grant you possssion. So serving S8 and S21 together is known as the "belt and braces" approach. Link to comment Share on other sites More sharing options...
snorkerz Posted January 30, 2010 Report Share Posted January 30, 2010 A Section 8 Notice for arrears may be served as soon as they owe two month's rent in money HOWEVER I recommend that you serve a S21 at the same time precisely because of that. Should you take them to court relying solely on the S8 and before the hearing they pay a few pounds off, the arrears then drop below two months and your claim will fail. With a S21 the court has no option but to grant you possssion. So serving S8 and S21 together is known as the "belt and braces" approach. In these circumstances a s8 g8 will not automatically fail if you include grounds 10 & 11 if appropriate. (It may fail, but not automatically) Link to comment Share on other sites More sharing options...
Lyndon Posted January 30, 2010 Report Share Posted January 30, 2010 I agree that there are other Grounds for Section 8, but the OP made no mention of them. The difference between S8 and S21 is that provided the Section 21 notice has been served and issued correctly then the the court must grant possession. If, in all other circumstances, the tenant has been a good tenant then I would only issue S8. If there are other problems with the tenancy then I would always recommend the S8 be issued as a warning shot that arrears must be paid but would rarely, if ever, rely on it for possession preferring the certainty of S21. I hope this clarifies my first post for the OP. Link to comment Share on other sites More sharing options...
keats65 Posted February 4, 2010 Author Report Share Posted February 4, 2010 thx for advice very helpful Link to comment Share on other sites More sharing options...
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