Amy86 Posted June 6, 2013 Report Share Posted June 6, 2013 I have a property that I have been letting out now for several years with a few different tenants. We had a new tenant move in on the 1st of March this year, and I have only had one rental payment since then. The tenant signed a 6 month assured shorthold tenancy. It is my intention to serve a section 8 notice, although having done some research we are unsure of the correct procedure, and I have become concerned about what I have read and ensuring that we serve it correctly. Any advice would be a great help. From the information I have required, this is the procedure we intend to follow: *serve a section 8 notice, what is the prescribed period for this? does the notice resemble a section 21 notice? Are there any specific details which must be included in order for it to be valid? Any ideas where the best place I will get a template for this? I understand that there must be grounds for possession within the fixed period which we definitely have covered. *if the tenant does not leave within the time serve an accelerated possession order from the courts? Many Thanks for any productive comments Link to comment Share on other sites More sharing options...
Grampa Posted June 7, 2013 Report Share Posted June 7, 2013 You need to use grounds 8, 10 & 11. Make sure the S8 notice you use states what the grounds relate to. You give 14 days notice for court proceeding on the notice but add an extra 3 for the postage system. Post 2 copies, one by recorded and one with proof of postage. Include an up todate clear spreadsheet showing the arrears. Make sure any deposit taken is protected correctly otherwise they could counterclaim and bring the arrears owed below 2 months. After the 14+3 days apply for a court hearing which you will have to attend. It is quicker to do it on line. https://www.possessionclaim.gov.uk/pcol/HomePage.do Also serve a s21 as back up just in case using the same method as above. Link to comment Share on other sites More sharing options...
Mortitia Posted June 7, 2013 Report Share Posted June 7, 2013 The downside of Section 8 is if there is any disrepair at the property - is there? Section 21 guarantees you possession but takes longer. If the tenant responds to your possession claim and goes to court arguing that say the front door is broken and won't shut a judge might adjourn the case for reports - then you are stuffed as it could take months with no rent coming in. I came across a case recently where the landlord had blocked up airbricks inadvertently some years previously and this was used by a tenant to avoid eviction with the help of Shelter. Wonderful. Link to comment Share on other sites More sharing options...
Grampa Posted June 7, 2013 Report Share Posted June 7, 2013 I agree if they bring up disrepair and shelter or legal aid get involved it can get messy and i had it happen last december. But saying that they cant just (they can try) bring up maintenance issues at the hearing or in a defence as they have to prove they informed the landlord in writing about the issues. But if they do put in a defence listing issues get them fixed asap. Thats why I advise a s21 is served as well for back up. Link to comment Share on other sites More sharing options...
Amy86 Posted June 7, 2013 Author Report Share Posted June 7, 2013 I have served the section 8 notice by hand and I have proof of a posted copy. Also as advised I have also served a section 21 just as back up. - many thanks The property is in good condition as a lot of work was carried out before the current tenant moved in. They certainly haven't reported any issues and we have visited the property since the tenant moved in, so i wouldn't have thought this would be a problem. so do we just wait until the 14+3 days have lapsed, and hoped he will have moved out? Link to comment Share on other sites More sharing options...
Mortitia Posted June 8, 2013 Report Share Posted June 8, 2013 Yes, but be prepared to go for the court order if he doesn't. Did you check your dates carefully on Section 21? If he is on a 6 month AST - he won't be going until last day of August with S21. You can only evict on a Section 8 in the 'fixed period' of the 6 month tenancy. Link to comment Share on other sites More sharing options...
Grampa Posted June 8, 2013 Report Share Posted June 8, 2013 After the 14+3 days go to https://www.possessi...col/HomePage.do and complete the form and make payment. You will then be given a court date about 4-5 weeks later. You will also have to post to the court a copy of the AST, S8, proof of service, rent schedule.You will also have to attend the hearing and if successful you will be given a possession order 14 days later.Mortitia you can evict using a section 8 any time, in fixed period or periodic. Link to comment Share on other sites More sharing options...
Mortitia Posted June 10, 2013 Report Share Posted June 10, 2013 Grampa - thanks for that - got my sentence the wrong way around. Should have read ' during the fixed period you can only evict using a Section 8'. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.