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Energise
15-01-2006, 12:24 PM
If you serve an S.8 for rent arrears and the tenant then makes a payment to bring the overdue amount below the 2 months arrrears do you need to serve a new S.8 if the arrears increase to 2 months the following month?

P.Pilcher
15-01-2006, 12:46 PM
I believe the criterion is that they need to be 2 months in arrear at the court hearing for a successful section 8 action. Sounds to me as though your tenant will continue to make payments to keep himself below the magic figure, and his next trick will be to wait until the completed S5 hits his doormat (cost to you at least £150). Next he will probably pay a few days before the hearing - probably another £150 from you, then he will pay up at the hearing - maybe yet another £150 fee.
I hope you have served an S 21 notice on him as well - it may well be your best bet as he can't avoid the consequenses of that one.

P.P.

MrShed
15-01-2006, 12:51 PM
Would you not just add grounds 10 & 11? With regards Ground 8, I would have thought that the magic times to be 2 months in arrears are at the time of serving, and the time of hearing. I guess that in between, it doesn't matter if he is only a month in arrears. However, this is just a total guess!

P.Pilcher
15-01-2006, 16:28 PM
Grounds 10 and 11 are discresionary so you are at the mercy of the judge and we know how judges regard greedy rich landlords in comparison with those upright, honest law abiding citizens who are their customers! I understand that the tenant MUST be more than two months in arrear at the time of the hearing. They will be 2 months in arrear on the service of their S8 notice, thus they then have two weeks to do something about the situation. Only if they are still two months in arrear is the judge compelled to issue a possession order (section 8). I am sure that someone will know of a reasonable, even handed judge who has granted a possession order on the basis of section 10 or 11, but you can't be certain that the judge you get will. The only certainty in life is that if a section 21 is issued and you get the paperwork right you MUST get said possession order as there is no hearing.

P.P.

Energise
15-01-2006, 19:09 PM
Thanks gents.

RichieP
15-01-2006, 20:33 PM
If you only serve the S21 the tenant may just stop paying completely and you have the problem of chasing the debt once they have gone. If you issue S8 with Grounds 8, 10 & 11 you will get suspended possession if they have made that little payment by the time of the hearing. As soon as they reak the terms set by the judge you go back to court and get possession. It's quicket than the S21 route, as S8 is only a 2 week notice period. Obviously, in the meantime, you can also issue a S21 that won't prejudice the S8.