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Robin
19-03-2007, 14:01 PM
As you may have read on another thread, I need to serve an 8 & a 21.
http://www.landlordzone.co.uk/forums/showthread.php?t=5482
The rent was due on 3rd March. It's a shorthold assured tenancy which is beyond the 6 months period. The payment is monthly. The chap has financial probs & is seeking advice, but meantime I need to get the process underway in case he can't stump up the rent.
So clearly I can word the section 8 as 'non payment of rent'...... or can I ?
How precisely should I word these two orders, including what timeframes & dates do I put in ?
Only precise wording though. No speculation or guesses please.
If no one knows the right wording with confidence then that's absolutely fine, I'll just have to contact a solicitor.
Thanks in anticipation for any advice on correct wording.

justaboutsane
19-03-2007, 15:08 PM
Go to the following link and you will find the details you require free of charge!

http://www.landlordzone.co.uk/agreements.htm

Robin
19-03-2007, 18:00 PM
The Grounds for eviction seem vague.
Either I wait for him to default on two months rent, according to ground 8. In which case surely the Section 8 is no faster than a 21. Or I can go for ground 11 'the tenant has persistently delayed paying rent which has become lawfully due.'
However ground 9 worries me. It mentions of the need for him to have other accomodation available before the court can order a possesion.
That could take years !

"Ground 8: rent arrears
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 [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.

Part II - Grounds on which Court may Order Possession
Ground 9: suitable alternative accommodation
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Ground 10: rent arrears
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: rent arrears
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. "

Joannepowell
19-03-2007, 22:10 PM
The Grounds for eviction seem vague.
Either I wait for him to default on two months rent, according to ground 8. In which case surely the Section 8 is no faster than a 21. Or I can go for ground 11 'the tenant has persistently delayed paying rent which has become lawfully due.'
However ground 9 worries me. It mentions of the need for him to have other accomodation available before the court can order a possesion.
That could take years !

"Ground 8: rent arrears
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 [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.

Part II - Grounds on which Court may Order Possession
Ground 9: suitable alternative accommodation
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Ground 10: rent arrears
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: rent arrears
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. "


Robin, I am sure I have told you this before (if it wasn't you I apologise)but GROUND 9 DOES NOT APPLY TO YOUR CASE! You are right that in the event the tenant is not in 2mths arrears it could be as quick to use the section 21 but be aware that grounds CAN BE ADDED to the section 8 at a later date if required. Therefore, you could issue the section 8 stating grounds 10 and 11 and later add ground 8 if the tenant becomes 2mths in arrears.

Also, read the notices and follow the instructions to the letter! The section 8 will ask you to state the grounds under which you seek possession and here you have to use the EXACT WORDING as used in the Housing Act 1988. Re ground 8 - be sure to use the amended version in the Housing Act amendments of 1996 (ie 2mths arrears - not 3mths).

I would still advise issuing both notices (though you are only likely to take one notice as far as court).

Hope this info helps.

J

Robin
20-03-2007, 11:14 AM
Robin, I am sure I have told you this before (if it wasn't you I apologise)but GROUND 9 DOES NOT APPLY TO YOUR CASE! You are right that in the event the tenant is not in 2mths arrears it could be as quick to use the section 21 but be aware that grounds CAN BE ADDED to the section 8 at a later date if required. Therefore, you could issue the section 8 stating grounds 10 and 11 and later add ground 8 if the tenant becomes 2mths in arrears.

Also, read the notices and follow the instructions to the letter! The section 8 will ask you to state the grounds under which you seek possession and here you have to use the EXACT WORDING as used in the Housing Act 1988. Re ground 8 - be sure to use the amended version in the Housing Act amendments of 1996 (ie 2mths arrears - not 3mths).

I would still advise issuing both notices (though you are only likely to take one notice as far as court).

Hope this info helps.

JJoanne, I'll take onbard what you say. These things need to be digested. I find it bizzarre that on some grounds you can only get possesion 'At the discretion of the court' !
Who owns the place for heavens sake ?
It's my flat. No rent for 2 months & he should be out..... period !
Surely it should be that simple. But no, the legal policy makers keep it unecessarily complicated so they can make money for it.
Sorry but all this legal mumbo jumbo gets my goat. I appreciate your assistance. I submitted a form to legal helpers for £30 they will word the section 8 correctly hopefully. Having said that since I posted this thread the tenant just rang to say he's been advised today to do an IVA so he may be able to stump up the rent. But I guess I still need to serve notice in case he can't manage to. I can waive the notice if he does.
Many thanks for your helpful posts.

janine1271
20-03-2007, 11:17 AM
As you may have read on another thread, I need to serve an 8 & a 21.
Thanks in anticipation for any advice on correct wording.

It is vitally important that you include a rent statement when you serve the section 8 notice. It should be laid out like a spreadsheet, detailing dates when rent should have been paid, per week / month, amounts, total outstanding - STATED VERY CLEARLY.

When you eventually get to court the Judge will want to see this has been done. I didn't do it and my case nearly failed; it was only through luck and mitigating circumstances that the Judge let me off. If you want further info please PM me.