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jghomer
06-04-2010, 15:19 PM
I attended court today to try and get a possession order against a tenant on Discretionary Grounds 10 & 11.

The hearing has been adjourned until may.

I wondered, as the tenant is now 2 months in arrears (she wasn't at original service of S8), and I am confident she will also be 2 months in arrears at the date of the re-scheduled hearing, is there any value in me issuing another S8 citing ground 8 now so that I can go for mandatory possession?

Or would this new S8 only be usable if I apply for a completely new hearing?

Advice appreciated as always.

Cipher
06-04-2010, 15:21 PM
What was the reason for adjournment?

jghomer
06-04-2010, 15:24 PM
So the tenant can prepare a defence. I guess the 4 months between getting the S8 and now wasn't long enough. :-(

jghomer
07-04-2010, 09:23 AM
anyone help?

Snorkerz
07-04-2010, 09:53 AM
I believe you can add grounds to a s8 - but I don't know if that would apply once a hearing has taken place. The court staff should be able to answer that as it is a procedural query rather than a legal one.

jeffrey
07-04-2010, 10:06 AM
I believe you can add grounds to a s8 - but I don't know if that would apply once a hearing has taken place. The court staff should be able to answer that as it is a procedural query rather than a legal one.
See s.8(2) below, esp. the words that I have underlined:

8. Notice of proceedings for possession.
(1) The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—
(a) the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with subsections (3) to (4B) below; or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(2) The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court...

jghomer
07-04-2010, 11:47 AM
Does that mean I need to issue another S8 citing ground 8, or do I have to ask the court whether i can ammend the original notice to add it?

jeffrey
07-04-2010, 12:00 PM
If the Court had already heard the case and made an Order, it could not now amend the Order. A new s.8 Notice/application would be needed. However, the matter stands adjourned- so I assume that you could serve the new s.8 Notice (on g8) now, then ask (at the resumed hearing) for the Court to exercise its discretion and grant leave to add g8.

jghomer
07-04-2010, 12:34 PM
I'll try it & post back how successful it was once i go back then.

Many thanks.

jghomer
03-06-2010, 14:06 PM
I said i'd post back how successful my attempt was to issue a S8 G8 notice after the first hearing was adjourned....

The judge refused it saying that the proceedings had already commenced, even though they had been adjourned. He said the H.A. was quite specific in it's wording, and refused to acknowledge this notice as valid.

That said, my original S8 with G10 & 11 was valid and he proceeded to give my scumbag non-payer and his solicitor a good roasting and give me a 28 day possession anyway :-)