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alisonT
08-11-2009, 07:20 AM
Hi,

I want to serve a section 8 notice to my tenant and I understand that I have to wait until his rent is 2 months overdue, is this this two full months? His rent is due on the first of each month and it is now the 8th of November, I have had no rent yet for October or November so can I serve a section 8 now or do I have to wait until November 31st? Thanks

tom999
08-11-2009, 08:00 AM
Yes, assuming tenancy is an AST in England or Wales, serve valid s.8 g8, 10, 11. s.8 g8 (see below for Housing Act 1988 quote) will give landlord mandatory possession.

s.8 Ground 8
"Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
...
(b) if rent is payable monthly, at least two months' rent is unpaid;
..."

jta
08-11-2009, 08:08 AM
If it has not been paid for one full month and then it is not paid on the next due date (1st November) then the rent is two months unpaid. So you can issue the S8, g8. now. Be warned that if the rent owing is brought below the two months unpaid figure, then the S8 is likely to fail.

tom999
08-11-2009, 08:14 AM
Agree with jta.

Serve s.21 as a backup in case s.8 fails.

alisonT
08-11-2009, 13:39 PM
Thanks for all the good advice.

outragedlondoner
08-11-2009, 15:00 PM
Have you put the deposit in the Tennancy Deposit Scheme ?. If not then the Section 8 will fail in court. The tennant is notified if the deposit is in the scheme...if he knows its not, he may be playing you along with the knowledge that you cant beat him in court with the Section 8 and will have to evict him by a longer winded process.

tom999
08-11-2009, 15:13 PM
Have you put the deposit in the Tennancy Deposit Scheme ?. If not then the Section 8 will fail in court.No, that's incorrect.
Deposit protection for any protectable deposit is only required for s.21.

outragedlondoner
08-11-2009, 15:39 PM
That may be true what you say, I thought it applied to both, but if the deposit isnt in the TDS then the Landlord can be fined 3 times the rent. The section 8 may work but you,d be worse off financially than just negotiating with the tennant. Basically if the deposit isnt in the TDS then I wouldnt go to court.

tom999
08-11-2009, 15:58 PM
That may be true what you say, I thought it applied to both...
(1) There is no 'may be' in it - It is true.
(2) Please do not hijack the OP's thread. You already have your own TDS query on the: Avoiding the TDS (http://www.landlordzone.co.uk/forums/showthread.php?t=23709) thread. Post any further questions there.

outragedlondoner
08-11-2009, 16:01 PM
Sorry...Wasnt intending to hijack the subject just noticed that no one had mentioned the deposit when reading the threads and thought it relevant to warn the member.

jeffrey
09-11-2009, 11:50 AM
Sorry...Wasnt intending to hijack the subject just noticed that no one had mentioned the deposit when reading the threads and thought it relevant to warn the member.
No, non-protection bars L from serving under s.21. It has no relevance at all to serving under s.8.

jeffrey
09-11-2009, 11:51 AM
If it has not been paid for one full month and then it is not paid on the next due date (1st November) then the rent is two months unpaid. So you can issue the S8, g8. now. Be warned that if the rent owing is brought below the two months unpaid figure, then the S8 is likely to fail.
Not necessarily, if L serves s.8 Notice on g10/g11 [discretionary] as well as g8 [mandatory].