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AndyJohnson
25-03-2010, 23:07 PM
hi all

i've been going through the threads and learning how to do s8 evictions myself

i've filled in the s8 notice and i have a couple of quesitons to ensure it's filled in correctly

in section 3 it asks me for the full text of the grounds i'll be seeking possesion for - based on the advice on this site, i'll be using grounds 8, 10, 11

the tenant is over 8 weeks in arrears, 3 months into his contract

i've cut and paste the following for point 3 in the s8 notice:


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—
(a)if rent is payable weekly or fortnightly, at least 8 eight weeks rent is unpaid;
(b)if rent is payable monthly, at least two months rent is unpaid;
(c)if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d)if rent is payable yearly, at least three months’ rent is more than three months in arrears;
and for the purpose of this ground “rent” means rent lawfully due from the tenant.

Ground 10
Some rent lawfully due from the tenant—
(a)is unpaid on the date on which the proceedings for possession are begun; and
(b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due


for ground 8, i've put in 8 weeks for (a) and 2 months for (b) - is this right?

should i delete any sentences? i've kept them all as it asks for the full text


another question, what should i answer for section 4 in the notice, the question is: 'Give a full explanation of why each ground is being relied on'

i've written simply one sentance covering all grounds: 'rent arrears exceeding 8 weeks'

is this enough? there are 3 grounds so i feel i should add more text - please msg me the exact text i should use that the judge would be happy with!

i'm giving him 16 days notice to allow for postage - shall i add a few more to allow for the wkend? 18 days?

thank you for all, this site has been a great help!!

AndyJohnson
26-03-2010, 11:05 AM
hiya

can anyone help me with my post please?

i'm posting the s8 notice to the tenant today

thanks

Snorkerz
26-03-2010, 12:50 PM
http://www.rla.org.uk/landlord/documents/rent_arrears/complete_courtPapers.shtml

scroll about ¼ way down to "breach of tenancy agreement"

AndyJohnson
29-03-2010, 19:37 PM
thank you for the reply snorkerz

however, before i submit the court papers, i need to ensure i have served the section 8 notice correctly

my only query where the judge may question is the explantions of why each ground is to be relied on - my answers were as follows:

Ground 8: tenant is atleast 8 weeks in arrears
Ground 10: no rent paid to date (see attached rent statement)
Ground 11: over 8 weeks arrears, tenant promising to pay following several polite reminders, but failing to pay any rent

are these answers good enough?

AndyJohnson
30-03-2010, 15:53 PM
hi all

any response to this post?

Cipher
31-03-2010, 09:51 AM
Andy are your answeres paraphrased?
Search for my posts - i've asked a simliar question but added more detail than your above post. People agreed my answers were ok.

Goodluck by the way - this is my first time i have submitted the S8 as well.

Cipher
31-03-2010, 10:05 AM
From memory these were more detailed than i thought but guess not.
Hopefully you'll find something usefull in this (http://www.landlordzone.co.uk/forums/showthread.php?t=26100) and this (http://www.landlordzone.co.uk/forums/showthread.php?t=25876)

AndyJohnson
02-04-2010, 12:36 PM
thanks for the posts, v helpful indeed!

one point i'd like to put across

bumped into an old friend yest - he's done loads of s8's and he advised me to wait to issue an s21 instead, as if they raise a dispute such as disrepair, then it can drag on for over 6 months, while a building surveyor is called in etc.

there is no dis repair of course

has anyone had any bad experiences with s8s?

Snorkerz
02-04-2010, 13:00 PM
Standard advice seems to be to issue a s21 (if appropriate) at the same time as the s8. By the time the s8 gets to court, if it is declined your s21 would be ready to commence court proceedings.

AndyJohnson
02-04-2010, 13:05 PM
i've already issued an s21

what would the probabilities be of the s8 going through smoothly i wonder?

i guess only someone that does numerous s8s would be able to answer this