PDA

View Full Version : Discrepancies in S.8 Notice



bsx043
31-03-2010, 23:37 PM
I have served the S.8 notice on T correctly, but need advice on two further points before applying for possession via PCOL.

1. S.8 served on Grounds 8, 10 and 11, all worded properly, however the total rent arrears I stated in S.8 is incorrect, as the actual figure is higher. I have now prepared a detailed rent schedule after cross-checking all the payments from T as received by LA, this was not included in S.8 as I didn't have the detailed information then. Wonder if this discrepancy will create problems if I now proceed on the basis of the correct schedule?

2. Notice of landlord’s address in AST is c/o Agent’s address but I am now using my own address (as stated in S.8) for seeking possession. Is there anything else I need to do (like serve another notice under section 48 of Landlord and Tenant Act 1987) to ensure that I follow the correct procedure?

Just need to be sure, as I don’t want my case to fall apart on these discrepancies.

jeffrey
31-03-2010, 23:39 PM
1. If the s.8 Notice was otherwise correct, the fact that you (L) have even more claims against T will not invalidate it.
2. Yes- serve a corrected s.48 Notice at once.

Snorkerz
31-03-2010, 23:48 PM
Just a thought...

As tenant doesn't have to actually hand over rent until the s48 notice is given, that means he wasn't necessarily behind on his rent when the s8 was served. Therefore s8 g8 would not be valid.

Opinion Jeffrey?

bsx043
31-03-2010, 23:50 PM
Thanks for the quick reply jeffrey.

Should I serve s.48 notice at once before applying for possession, given that it may take a couple of days for T to be served allowing for posting? Or can I apply for possession at the same time as the 14 day notice period on S.8 expired today?

Also, any advice where I can download this notice from?

bsx043
31-03-2010, 23:55 PM
Snorkerz - you have got me worried! Awaiting answers, thanks..

bsx043
01-04-2010, 00:12 AM
I should add that the agent still manages my property and is responsible for collecting rent on my behalf, not me. However, the following information from another forum (I am just posting the information and source) seems to indicate my s.8 notice invalid? Any advice please?

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/134436-section-48-notices.html

Section 48: Notification by the landlord of address for service of notices.
Basically the law calls for the name and address of the landlord to be issued to the tenant for the purposes of serving notice by the tenant. The tenant must have an address in England and Wales for the landlord where they can serve notices.

For the purposes of Section 48 of The Landlord and Tenant Act 1987 name and address of the landlord should be included in the tenancy agreement and it should be stated that this is in line with the relevant act etc.

As the courts see it, rent can not be demanded from a tenant unless they have an address and name to which they can pay the rent. Therefore, as a landlord you can not demand rent from the tenant if you have failed to issue them with notice of your address.

At the end of the day a landlord can not serve notice of possession on a tenant whom they have not given notice of their address to. i.e. the tenant says to the judge I did not know where to send the rent to! Without notice, the rent is not lawfully payable.

Snorkerz
01-04-2010, 00:20 AM
Notice of landlord’s address in AST is c/o Agent’s address but I am now using my own address (as stated in S.8) for seeking possession.


I should add that the agent still manages my property and is responsible for collecting rent on my behalf, not me.

Okay - you can live wherever you want - you have provided a legitimate address for service of documents so I think you are fine.

bsx043
01-04-2010, 00:41 AM
This leaves the question open as to whether I need to serve the corrected section 48 notice, given that the agent is still managing my property for the purpose of rent collection but I am the landlord seeking possession.

If I have to serve the corrected notice, does that imply that the agent is then no longer responsible for rent collection?

In all corespondence I have included the agent's details as well as my address for communication.

Snorkerz
01-04-2010, 00:50 AM
This leaves the question open as to whether I need to serve the corrected section 48 notice, given that the agent is still managing my property for the purpose of rent collection but I am the landlord seeking possession.

If I have to serve the corrected notice, does that imply that the agent is then no longer responsible for rent collection?

In all corespondence I have included the agent's details as well as my address for communication.

No need to issue a s48 - I thought you had had an agent and was now self-managing.

The s48 address is like a 'registered office' for a limited company - they don't have to trade there, but if documents are served there then they can not later claim they've not seen them. Lloyds Banks registered office is (iirc) in London, but all their legal correspondence is sent from Brighton.

bsx043
01-04-2010, 01:06 AM
Thanks, you analogy seems to make sense - I can now rest for tonight and get on with my PCOL application tomorrow.

bsx043
01-04-2010, 10:37 AM
In dealing with my PCOL application, just have a further question about the date my S.8 notice was served on the defendant.

The notice is dated (i.e. effective from) 16/3/2010, but I posted to T on 11/03/2010 and 12/03/2010 from two separate post offices (with proof of posting) allowing 3 working days.

In addition, Agent delivered by hand another copy to property address on 15/3/2010 (witnessed) – although T wasn’t there personally to receive.

However, T confirms (by text on 16/03/2010) having received the Notice sent by post but denies receiving one from the Agent.

My question is: Which date should be put on the particulars of claim (notice seeking possession)? Date of notice (16/03/2010) or date of posting (11/12th)?

Snorkerz
01-04-2010, 10:42 AM
The one posted 11th, is deemed served on the 12th. The one posted on the 12th would be served on the 15th.

If you put served on the 15th you can rely on any of the 3 proofs of service.