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lady100
15-04-2008, 11:44 AM
hi, i finally got a hearing date which will be 30th april. i used grounds 10,11& 12 of sec8 as the arrears did not quite add up to 2months arrears. my question is, can i add more grounds, ie ground8 as the arrears have now built up and the tenant has no intention of paying or moving out.
i also wrote to the tenant asking to have access of the property so i could have some estimates taken and he refused to give access. is there any grounds that i could add.
thanks in advance

Colincbayley
15-04-2008, 11:54 AM
You may only use G.8 of a section 8 IF at the time of serving the notice AND at the time of the hearing there are at least 2 months rent unpaid.

lady100
15-04-2008, 12:04 PM
You may only use G.8 of a section 8 IF at the time of serving the notice AND at the time of the hearing there are at least 2 months rent unpaid.

does this mean i can not add grounds 8 now. the arrears will be more than 2months on hearing date

jeffrey
15-04-2008, 12:18 PM
does this mean i can not add grounds 8 now. the arrears will be more than 2months on hearing date

See s.8(2). Court may give leave for L to alter or add grounds.

lady100
15-04-2008, 12:49 PM
See s.8(2). Court may give leave for L to alter or add grounds.

do i alter before hearing date or should i wait and do alterations on the 30th/ april. also were do i find s.8(2) as i would like to read it
thanks

jeffrey
15-04-2008, 13:07 PM
For any Act's actual text, see
http://www.statutelaw.gov.uk/Home.aspx.

lady100
15-04-2008, 13:42 PM
For any Act's actual text, see
http://www.statutelaw.gov.uk/Home.aspx.

thanks for the reply. i have tried the website but it is all too techinical for me to understand. sorry if this sounds daft.
i would like any advice on how to alter my section 8. do i do this on hearing date or before. the reason i would like to add grounds 8 is so i can get possession of the property. i have read somewhere on the forums that the judge would grant possession if grounds 8,10 & 11 are used.

jeffrey
15-04-2008, 13:44 PM
Look: you obviously cannot do it before the hearing. How could a Court give leave to amend until it has a case before it?

lady100
15-04-2008, 13:59 PM
Look: you obviously cannot do it before the hearing. How could a Court give leave to amend until it has a case before it?

now i get what you mean. thanks for all the replys. i will just wait until my hearing date then