Section 8. Mistake

Florrie97

Can anyone help?
I issued a section 8 notice 3 weeks ago and notice I have filled it in incorrectly.
I was originally citing ground 6 as a mandatory and a 3 discretionaries.
The tenants solicitor is fighting this using legal aid.
I now have proof of ground 8 (rent arrears) also a mandatory and wish to add it.
Must I reissue with a new date for applying to court or can I reissue it as a change to the one I issued 3 weeks ago.
Do I have to start again?
Thanks

poppysarah

You should perhaps join a landlord organisation that offers free expert legal advice?

N79

How can you now have grounds for S8 G8 which you did not have when the original notice was served? Remember G8 requires two months rent unpaid on both the date of service and the court date. Since you served the notice 3 weeks ago was there two months rent unpaid on that date, or has two months rent become unpaid in the meantime?

If the former you can apply to court to add the grounds but with the T represented I would suggest you have almost no chance. If the later is the case then there is no way you can add G8 to the original notice because you would fail the two month unpaid on date of service test. In this case you could serve another S8 notice citing G8 and persue this case seperately to the first as insurance if your first case fails.

tbs624

If you are relying on that Ground 8 be aware that the T's solicitor will probably advise that the T pays some of the arrears off immediately prior to the hearing. You mentioned another mandatory Ground, that you wanted to use alongside the newer Gr8 action?

Florrie97

Thanks for the help.
I will reissue a new one.
The other mandatory I have is a ground 6.
The reason I did not originally cite ground 8 was because I thought that the rent unpaid had to be concurrent. I now know that it does not. I have proof adding up to over eight weeks in the last 18 months.

Troubled_Joe

Serve a section 21 aswell so that you're already ahead of things if you don't succeed with your section 8 claim.