PDA

View Full Version : Correct sec 8 procedure. ShouldI start again?



Karen
17-03-2009, 14:37 PM
I am anxious to get this correct. Tenant was AST now periodic. Gets partial HB rent but does not pay top up. Owes £1082. I issued Sec 8 on grounds8. two months worth was owing on serving the notice, then HB made a backpayment which did not cover arrears but lessened them (HB suspended while tenant in prison) and now there is over two months worth arrears again. Does this negate the two months rule? I tried the bribery waive the debt if move out, unfortunately did not know about the "without prejudice " bit. Tenant is refusing to voluntarily go, I think to try and be housed by council
I did not also serve a sec 21, not sure why this is advised. If a sec 21 is necessary, How does that work as 2 months notice is needed compared t 2 weeks for sec 8? Should the dates relate to the the original AST/rent date period, or as I have recently read, the end of a calendar month. I had thought if original AST began 19th, the end of a rent period was 18th.
Sorry to ramble. Question is
1. Should I start again, sec 8 gr 8,10 11, ? also sec 21 or
2.Can I submit court forms on the sec 8 already in force.

I have sent rent statements to the tenant. For court purposes should these include HB contributions?

jeffrey
17-03-2009, 15:37 PM
Tenant was AST now periodic. Gets partial HB rent but does not pay top up. Owes £1082. I issued Sec 8 on ground 8. two months worth was owing on serving the notice, then HB made a backpayment which did not cover arrears but lessened them (HB suspended while tenant in prison) and now there is over two months worth arrears again. Does this negate the two months rule?
No. As long as the amount of rent unpaid exceeded two months', both at date of Notice and date of hearing, you are entitled to mandatory possession. This is so even if the amount unpaid dipped below two months' during the intervening period.

Karen
17-03-2009, 18:11 PM
Many thanks Jeffrey, that helps

Karen
20-03-2009, 17:13 PM
i am now at the process of preparing court papers. The tenant does not pay the balance left from Housing benefit. The rent statement I sent him with sis Sec 8 notice only included the balance he was due to pay each month and his payments Will the court expect to see all the exact HB payments also? If so this will be a bit of a nightmare to sort out as we had constant changes, suspension, repayments, discretionery payment periods. not to mention the nightmare of 4 weekly payments in arrears which will make for an entertaining spreadsheet practice. Any one done a court hearing without this detail? Also has anyone used the online process, if so any feedback please
Many thanks