axil23 Posted May 8, 2011 Report Share Posted May 8, 2011 Hi all, I have searched and searched the net for instructions on how to do a Section 8 Claim online? My tenants section 8 expired 2 weeks ago and I normally get my solicitor to do it for £450 but wanted to give it a shot myself this time around. Can someone guide me through this? Thanks Link to comment Share on other sites More sharing options...
Mortitia Posted May 9, 2011 Report Share Posted May 9, 2011 I'm a bit confused by this. If you issued a Section 8 and the 14 days has expired you now need to apply for a court order to remove tenant and Judge should automatically give you and judgement for the unpaid rent. So you know have to apply for the court order - takes 3-8 weeks depending on where you are in the country. Mortitia Link to comment Share on other sites More sharing options...
axil23 Posted May 9, 2011 Author Report Share Posted May 9, 2011 I want to apply for the court order. I have heard that you get a earlier date online then you get if you post the paperwork in. Link to comment Share on other sites More sharing options...
axil23 Posted May 9, 2011 Author Report Share Posted May 9, 2011 Well I pulled the trigger on one. It was only £100 online. Pretty straight forward but it didn't ask me to send in any of the support documents like the notice and tenancy agreement. Do I just take it in on the day? Will check with the court tomorrow. Link to comment Share on other sites More sharing options...
Grampa Posted May 10, 2011 Report Share Posted May 10, 2011 I have found out that you have to send it all the below doc's to be recieved no later that 7 days before the court hearing. 1 The tenancy contract 2 Proof of serving the section 8 3 The section 8 served on the tenant 4 An up to date rent schedule showing the arrears (same as the one that was sent with the s8 but updated) 5 Also all the attachments that were sent with the original s8 ie: rent schedule, full wording of the grounds being used. When you send it to the court enclose a note stating the claim number and the defendant & claimant. You should have the claim number from the email sent back from when you submited the claim. Link to comment Share on other sites More sharing options...
axil23 Posted May 10, 2011 Author Report Share Posted May 10, 2011 I have found out that you have to send it all the below doc's to be recieved no later that 7 days before the court hearing. 1 The tenancy contract 2 Proof of serving the section 8 3 The section 8 served on the tenant 4 An up to date rent schedule showing the arrears (same as the one that was sent with the s8 but updated) 5 Also all the attachments that were sent with the original s8 ie: rent schedule, full wording of the grounds being used. When you send it to the court enclose a note stating the claim number and the defendant & claimant. You should have the claim number from the email sent back from when you submited the claim. Thanks grampa. I got a date straightaway after paying for the PCOL. It was just under 4 weeks out. Only problem I may come across was that in the Reason for Possession I only put the following "Total accumulated arrears: £ 1840.00 ,Reason For Possession: Rent of £1,840 remains unpaid and therefore the defendant is in excess of two months or eight weeks in arrears" as that is what the guide on a different website told me to do. After submitting the claim I came across the exact wordings used on the post in forms which is "Possession claimed under ground 8, and/or grounds 10 and 11 of Schedule 2 Housing Act 1988 as amended by Housing Act 1996" Now on the online site it makes no reference to this and the guy who posted the details on the other forum got his house back by putting the Total arrears only in there. Any advice on this? Link to comment Share on other sites More sharing options...
Mortitia Posted May 10, 2011 Report Share Posted May 10, 2011 Hi Axil, The reason for possession is ' Section 8 grounds 10 and 11. 2 months or 8 weeks in arrears of rent'. The amount of arrears can be mentioned as you will get a CCj for that amount when your case is seen and a judgement awarded. You should be OK on that. In some courts a difficult or weak judge might chuck it out but the online system is aimed at people without legal representation and corresponingly takes a more lenient view. Make sure you supply adequate written proof of the debt. ie bank statements showing previous rent payements and any receipts you may have issued. Getting all this stuff together is a work up in itself - I know I've just done it! Mortitia Link to comment Share on other sites More sharing options...
axil23 Posted May 10, 2011 Author Report Share Posted May 10, 2011 Thanks Mortitia. Court date in a few weeks so will update here how it goes. Link to comment Share on other sites More sharing options...
Grampa Posted May 11, 2011 Report Share Posted May 11, 2011 When you sent your original s8 to the tenant did it somewhere have the full wording of the grounds being used. Some s8 have it within the notice others you have to add it.. I got asked once by a judge if it was enclosed (which it wasnt) "yes judge it was and here is a copy". I always make sure its enclosed now. On another note Axil I have to do a on line claim today for the first time as well. Link to comment Share on other sites More sharing options...
axil23 Posted May 11, 2011 Author Report Share Posted May 11, 2011 When you sent your original s8 to the tenant did it somewhere have the full wording of the grounds being used. Some s8 have it within the notice others you have to add it.. I got asked once by a judge if it was enclosed (which it wasnt) "yes judge it was and here is a copy". I always make sure its enclosed now. On another note Axil I have to do a on line claim today for the first time as well. Yeah I did an online section 8 via landlord angel which automatically puts in all 3 grounds. Grampa its very easy and straight forward to use the online system and I would definately use it again. The biggest benefit is the instant date which saves us 2-3 weeks not to mention that its only £100 online.. I have done 2 now. Link to comment Share on other sites More sharing options...
Grampa Posted May 11, 2011 Report Share Posted May 11, 2011 Just done it. It is a bit tedious typing all the rent payments in but was pleasantly surprised to get a hearing in 4 1/2 weeks normally it is about 6 in my area. Have to remember to send off all the other paperwork that goes with it now. Link to comment Share on other sites More sharing options...
axil23 Posted May 11, 2011 Author Report Share Posted May 11, 2011 Just done it. It is a bit tedious typing all the rent payments in but was pleasantly surprised to get a hearing in 4 1/2 weeks normally it is about 6 in my area. Have to remember to send off all the other paperwork that goes with it now. + you saved £50 Link to comment Share on other sites More sharing options...
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