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jghomer
01-06-2007, 11:39 AM
I'd be grateful for comments on the following.....

I have a tenant on a 6 month AST ending 31 Jul 07.

I issued a S8 notice on 26 Apr 07, citing ground 10 as her payment for 01 Apr had not been received, nor did I think it would be. On the same date i issued a S21 to expire 01 Aug 07 as a last resort.

To my surprise she did pay the April rent on 11 May. Trouble is she's not paid the May rent, and now the June rent is due too! And she's doing the age old tenant trick of burying her head in the sand and ignoring calls, visits, letters etc - usual procedure!!!

Now I could just wait till my S21 expires and use that route. But I was wondering about the S8 route, which i've never done before.

I'm aware that once she is 2 months in arrears it would be a mandatory possession order, but at present she owes May 01 and Jun 01, which although is 2 months in my book, it's not in the courts book i'm sure, as my rent is in advance...

She is working so I stand a chance of getting some money out of her through the courts but wondered about the following :

1.Can I use the original S8 notice even though the circumstances to which it actually refers are now different? (As in she paid the April rent)

2.Can I now add Ground 11 as she has been late Mar, Apr, May & Jun?

3.Should I wait until she is 2 months behind or proceed now with my discretionary ground(s)?

4.Should I even bother with S8 or just wait till my S21 expires?

Any comments/thoughts from you clever lot would be greatly appreciated.

jeffrey
01-06-2007, 12:03 PM
1. See s.8(2). Grounds shown in Notice "may be altered or added to with the leave of the court."
2. So- yes, if court permits. This is clearly better and quicker than serving another Notice.
3. Don't know. However, you could kick off now anyway. It may take time to get a hearing date; by then, you might have two months' arrears; and you could then ask to add g8.
4. If your s.21 Notice is correct, it will allow possession proceedings after 1 August. It's better to have two strings to your bow, I think, so why not start s.8 and see which works faster?

P.Pilcher
01-06-2007, 13:35 PM
The law is always a bit of a lottery, however, you only have a court fee to loose if your section 8 action fails, but if it succeeds you can also walk away with a judgement for the outstanding rent. Your section 21 notice is, in any case available if your section 8 action fails for some stupid technicality.

P.P.

jghomer
01-06-2007, 13:45 PM
Thank you. What form do I download to commence S8 proceedings?

P.Pilcher
01-06-2007, 22:50 PM
You will need form N5 and there are also some guidance notes which are well worth reading and following.

P.P.

jghomer
02-06-2007, 20:46 PM
Thanks for your comments. I'll download N5 and make a start :-)