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shemshem
23-09-2011, 13:25 PM
I have been told that upon serving & completion of the time period for a section 21, that it is valaid for 1 year? This would seem true when some agencies automatical send them out with new tenancy agreements.
However, how long is a section 8 valid for? after its 14 days complete?

If a tenant manages to find money to pay back any for arrears / or just enough so that the mandatory ground 8 ([8,b]2 months accumalative rent is outstanding) is no longer valid at court date - can i wait untill such time he falls back under the 'requirements' for the ground and then start court proceedings OR would i have to re-issue a new section 8 relevant to the current date?
(i issued one back in June & his benefits will now never 'catch-up' and be able to 'save the day' for him! Therefore im in a posisiton to restart what will be a 4th court case!

Any advice would be most welcome. Thanks

Snorkerz
23-09-2011, 18:10 PM
Section 21 does not expire, but it onl applies to the tenancy for which it was served. A new tenancy agreement invalidates a previously serves s21.

A section 8 does have a one year lifespan.

shemshem
23-09-2011, 19:18 PM
Thank you indeed.
My section 21 is still for the same tenancy.

My section 8, does however state an arrears amount under ground 8's details relevant to the June month it was served in for arrears of £749.65. This amount & details is now in Sept currently a few pounds more to date £750.03. Will this detailing of the 'full explanation' matter or not do you think?

Snorkerz
23-09-2011, 19:34 PM
No, you will put the 'current' details in the claim when you fill out pcol or n5/n119, then those detail will be different again when it gets to court, and different again once the tenant leaves.

shemshem
26-09-2011, 14:59 PM
Just to double check, that although a section 8 is valid for 1 year - i read some where that perhaps it does become invalid if at any point the arrears falls 'below' the requirements? and therefore a new one needs to be sent out?
thanks

PaulF
26-09-2011, 15:10 PM
Don't forget to include Grounds 10 & 11 at the same time as Ground 8 just in case it fails the test. 10 & 11 are unfortunately only discretionary. Remember too that it is rent unpaid and not in arrears; they are different.

Snorkerz
26-09-2011, 15:28 PM
Just to double check, that although a section 8 is valid for 1 year - i read some where that perhaps it does become invalid if at any point the arrears falls 'below' the requirements? and therefore a new one needs to be sent out?
thanksNo, it must be valid at the time of service, and it must be valid at the time of the court hearing.