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kharri99
10-11-2009, 04:29 AM
Hi I issued a section 8 notice to my T for rent arrears, its getting close to the hearing so Im getting all my evidence together but I think I may have messed up the amount of arrears. It may just fall short of 8 weeks in arrears when I issued the notice they are currently 3 months in arrears.:confused:

Rent due:525per month

14th Aug paid £400 : - £125
14th Sept paid 0 - £650
14th Oct paid 0 - £1175

I issued notice on 9th Oct to expire on the 23rd Oct
THe problem is T paid part payment for Aug can I accrue rent per day after September was missed or should I have waited until 14th October and they would have been over 2 months in arrears
I have a S21 notice due to expire in 3 weeks anyway
Any help apprieciated

tom999
10-11-2009, 07:26 AM
I issued a section 8 notice to my T for rent arrears...No, s.8 g8 is for 'unpaid' rent not arrears.


It may just fall short of 8 weeks in arrears when I issued the notice they are currently 3 months in arrears.



14th Aug paid £400 : - £125
14th Sept paid 0 - £650
14th Oct paid 0 - £1175


For s.8 g8, 2 months rent (as rent is paid monthly) needs to be unpaid - which according to your figures highlighted above, is the case.


I issued notice on 9th Oct to expire on the 23rd Oct
If notice is served by mail (with proof of postage) then 3 working days delivery is preferable. If served in person before 5pm, with an independent witness then above dates should be Ok. Assuming a valid notice has been served, proceed with the s.8 route.

PaulF
10-11-2009, 09:37 AM
Were Grounds 10 & 11 included on your S.8 Notice as you might need to rely on this if Ground 8 is invalid, although of course they are both discretionary?

havensRus
10-11-2009, 11:30 AM
Hi I issued a section 8 notice to my T for rent arrears, its getting close to the hearing so Im getting all my evidence together but I think I may have messed up the amount of arrears. It may just fall short of 8 weeks in arrears when I issued the notice they are currently 3 months in arrears.

Rent due:525per month

14th Aug paid £400 : - £125
14th Sept paid 0 - £650
14th Oct paid 0 - £1175

I issued notice on 9th Oct to expire on the 23rd Oct
THe problem is T paid part payment for Aug can I accrue rent per day after September was missed or should I have waited until 14th October and they would have been over 2 months in arrears
I have a S21 notice due to expire in 3 weeks anyway
Any help apprieciated

1. You can issue a S8 notice on grounds of unpaid rent at any time. Gnd 8 is valid if unpaid rent is 2 or more months, for which you get mandatory possession if the condition is fulfilled on day of hearing. Gnds 10 & 11 are usually included when issuing a S8 g8, but granting of possession on these two is discretionary.

2. You can't accrue rent on a daily basis.

3. As of 9th Oct, only £775 of rent was unpaid, so Gnd 8 was not valid when issued, but if you included Gnds 10 & 11, notice is still valid. A picky judge might pick up on it, but it may be a mute point if Gnd 8 still applies on date of hearing.

This may help: I found myself in a similar situation recently. I issued a S8 on gnds 10 & 11 earlier in the year when a T was playing up, in the hope that it would jolt her. It did, things got better then went down hill again. I forgot to issue another S8 when she had 2 months unpaid, and didn’t realise it until I sat down to apply for court hearing. I took my chance anyway and applied for court hearing based on the existing S8, but included Gnd 8 wording in the application. In my witness pack that went to court, I stated all the three grounds, and requested for possession on the basis of more than 2 months rent unpaid. Got possession order yesterday.

HTH

kharri99
10-11-2009, 13:43 PM
Thanks for the speedy replies.
[QUOTE]For s.8 g8, 2 months rent (as rent is paid monthly) needs to be unpaid - which according to your figures highlighted above, is the case.

Yes I applied for grounds 10,11. T hasn't paid once on time and has been close to 2 months unpaid for a long time.

My logic was that because she didn't pay the full rent in August I wouldn't have to wait until 14th October because T would have over two months unpaid.


Would you say the main points the judge will consider are.
1: The notice was served correctly.
2: She is more than two months in arrears at time of hearing.

I sent 2 copies of notice to T one recorded, and one 1st class with proof of postage, sent these on the 6th October. T confirmed these arrived on the 7th

Im in the process of putting together my witness pack do I have to send a copy to the T as well as court.

havensRus
10-11-2009, 14:28 PM
Would you say the main points the judge will consider are.
1: The notice was served correctly.
2: She is more than two months in arrears at time of hearing.



Yes



Im in the process of putting together my witness pack do I have to send a copy to the T as well as court.

Yes. Make three copies, one for court, one for T - and send to them, and one for you.

jeffrey
10-11-2009, 14:32 PM
My logic was that because she didn't pay the full rent in August I wouldn't have to wait until 14th October because T would have over two months unpaid.
No, on that point- until October's rent day came and went without T paying, T did not yet owe at least two months' rent.

kharri99
10-11-2009, 15:09 PM
Thanks for the replies I will get the witness pack posted, and hopefully the hearing will go well.:)