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View Full Version : LandlordAction seminar recommended use of s.8 Notice



rajeshk4u
28-10-2009, 13:30 PM
I went to the property investor show and there was a seminar by a company called Landlord Action (they have been on TV etc...). He said their company uses Section 8 when doing evictions.

However, I have been lead to believe that Section 8 is not very strong for eviction, as the tenant can claim at the last minute there is disrepair even a leaky tap and the whole eviction to falls through.

He did mention risks such as if there are arrears and if the tenant pays to bring it just under 2 months, then again the eviction falls through.....

What is the opinion of this forum?

havensRus
28-10-2009, 14:34 PM
Landlord Action is well known and have been around for a while. Have used them once before, ages ago as a new landlord, before i got the hang of doing it myself. They do know their stuff.



However, I have been lead to believe that Section 8 is not very strong for eviction, as the tenant can claim at the last minute there is disrepair even a leaky tap and the whole eviction to falls through.

Whatever or whomever led you to believe that? I've done a few S8s now, and have been given possession each and everytime. Whereas I've had a S21 thrown out a while back because the dates allowed 24 hours for delivery/posting and not 48hrs. The vagaries of our the system.

But that's not to say there aren't pitfalls with S8. Each case is different and you would have to use your judgement as to which option to go for S8 or S21.



He did mention risks such as if there are arrears and if the tenant pays to bring it just under 2 months, then again the eviction falls through.....


Yes, that is a possibility, if T suddenly finds enough money to pay off the arrears or bring it down below the 2 months. If T is claiming disrepair, then they'd have to show they'd follow the proper procedure. If the T had been "saving" the money, then they ought to be able to produce a bank statement showing its available to be paid. There are proper procedures to be used for the issue of disrepair, and though I've not personally experienced having an S8 declined for disrepair, I would have thought the judge presiding would take into account all the facts-such as they might be.

As an example: I have two cases currently pending in court, one which is a S21 accelerated and the other S8. For the S21, the T actually owes over 2 months of rent, and I had a choice of using the S8. However, the T has done this before, accrued arrears then paid it off in one lump sum after much to-ing and fro-ing, and waving the eviction stick at her. Having served both S21 and S8 when the problems first began, second time round, I decided to go for S21, to avoid the effect of a last minute pay down, as I know she is capable of doing it. If she doesn't pay, I'll use MCOL for the arrears claim. I just want her out now, so went for S21.

For the S8 case, she's lost her job, is on HB but decided not to pay it over, and its highly unlikely she will find the dosh to pay the arrears, so definitely a S8.

Bottom line is, it depends on the situation.

jeffrey
28-10-2009, 15:01 PM
The s.8 procedure:
a. does not relate to 'rent arrears' (for rent due weekly/fortnightly/monthly) but to rent unpaid;
b. can still be used if unpaid rent is <2mths.; and
c. does not fail merely because L might also be in breach (e.g. if there is disrepair even a leaky tap);

despite what you were inaccurately told.

jamesalexander
28-10-2009, 15:10 PM
I went to the property investor show and there was a seminar by a company called Landlord Action (they have been on TV etc...). He said their company uses Section 8 when doing evictions.

However, I have been lead to believe that Section 8 is not very strong for eviction, as the tenant can claim at the last minute there is disrepair even a leaky tap and the whole eviction to falls through.

He did mention risks such as if there are arrears and if the tenant pays to bring it just under 2 months, then again the eviction falls through.....

What is the opinion of this forum?

I have used Landlord Action and they do a good job in my experience, section 8 is also my favoured method although s21 is more belt & braces :)