Section 8 Valid ?

mynewusername25

Can anyone tell me if a Section 8 is valid if one line is missing ?

There is a list of things, 1. 2. 3. 4. 4 is missing (they've copied the text from 3 in a white box which overwrites 4)

Thanks for any help!

BitterAndTwisted

It's not important whether the Section 8 is valid or not, what is most important is that these notices are served when the tenant is more than 8 weeks in arrears with the rent. The Section 8 can be served again but will you then have the rent arrears paid?

mynewusername25

The rent has been in arrears for a long time (5 years). (HB paid in arrears) but the ll has suddenly decided this is no good, despite being fine about it for so long.

lizzielondon

i think B&t means is there 8 weeks currently owing not if the rent is paid in arrears on a weekly/monthly basis

BitterAndTwisted

Housing benefit to my knowledge is not paid 2 months in arrears. If it's been in arrears for that long I don't blame the landlord for wanting to be shot of you. Your best bet is to take the S8 to your local housing office and ask their advice on its validity.

mynewusername25

No there's less than a month owing. So it's not valid ?

lizzielondon

I don't think it's valid then- someone who knows for sure will hopefully confirm

so the issue is you receive you LHA payments in arrears and pay them onto your ll with the same delay? because if so i thought that was standard- or do you not pass along the rent as soon as you receive it i.e. do you cause further delays?

hermum

If there's less than a month owing then you can not be evicted on a section 8. LL has issued the wrong notice. If he issues a valid section 21 then he doesn't need to give any reason why he wants you out & if you remain for a court order he will get it.

BitterAndTwisted

Correct, the Section 8 is not valid so it cannot be enforced but your landlord may only find this out once they get to court. Then they will almost certainly serve you with a Section 21 giving you two months notice. Best start looking for a new place as it looks like you may only have a few months before you're evicted. Speak to your housing department as they may have a list of LHA-friendly landlords. Alternatively if both you and the landlord are agreeable it is possible to have the rent paid direct to the landlord by your LA. That might satisfy them enough to not proceed with the eviction.

tbs624

BitterAndTwisted wrote: »

Correct, the Section 8 is not valid so it cannot be enforced but your landlord may only find this out once they get to court.

Bit of confusion here BitterandTwisted - a "Section 8 " Notice can be on the basis of Grounds 8 , 10 and/or 11 so it's misleading to merely tell the OP that the Notice is invalid when you don't have the full details of their situation. G10 is to cover rent lawfully due to the LL which is outstanding at time of service and at time of hearing, and G11 is that the T had persistently failed to pay rent on time. G10 and G11 are however discretionary grounds.

OP - get yourself some qualified local advice - take your Notice plus your tenancy papers including details of your rent payments made to date, and get an appt to see the Private Sector Rentals Officer at the the local Council and/or speak to someone at Shelter 0808 800 4444