Council housing eviction

Delree

tim123456789 wrote: »

You need to owe 2 months rent before they can aply for an eviction order due to unpaid rent

There aren't many properties for which 2 months rent would be less than 1000 pounds

tim

I've been through this on another thread, they can serve notice before 8 weeks, that's what happened here.

BitterAndTwisted

According to Delree they can and do issue a Section 8 Notice on Ground 8 even when the rent owed is less than two months on the date of issue.

Whether it will succeed in court or not is another issue. My money is on "not". Luckily, the OP's friend has time to try and get their HB claim sorted between now and the court-date.

Delree

BitterAndTwisted wrote: »

According to Delree they can and do issue a Section 8 Notice on Ground 8 even when the rent owed is less than two months on the date of issue.

Whether it will succeed in court or not is another issue. My money is on "not". Luckily, the OP's friend has time to try and get their HB claim sorted between now and the court-date.

This is exactly what I'm saying, it's only when it comes to the eviction hearing do these rules kick in. A Landlord can issue notice before and often do to protect themselves.

There seems to be a theory that cases like this end in only two ways, either you're evicted or the landlord's case is thrown out. This not correct, most cases (where the tenant defends themselves and engages) often result in adjournments or suspended possession orders, often agreed before the hearing between the tenant and landlord.

Now when it comes to the hearing it's up to the judge and I agree with BaT that under 8 weeks rent and an outright possession order is unlikely (depends how many times this has been before court), but in cases where the tenant doesn't show up then outright would be granted regardless.

Unlikely that it will be under 8 weeks by the time the hearing comes along though.

tim123456789

Delree wrote: »

I've been through this on another thread, they can serve notice before 8 weeks, that's what happened here.

That's a differen't issue.

Rent is (usually) paid monthly in advance so you will be two month's in arrears on the first day of the second month (not the last day)

But you will still be two months, in money terms, in arrears.

jamie11

BitterAndTwisted wrote: »

According to Delree they can and do issue a Section 8 Notice on Ground 8 even when the rent owed is less than two months on the date of issue.

Whether it will succeed in court or not is another issue. My money is on "not". Luckily, the OP's friend has time to try and get their HB claim sorted between now and the court-date.

A S8 g8 can only be issued when there are 2 months unpaid, it would be invalid if issued before.

The rules are quite clear.

I don't think you can add a mandatory ground to an existing S8 without seeing through the required notice to take action.

Kynthia

As I stated in the other thread, I think some people are confusing 'unpaid' with 'arrears'. 2 months (or 8 weeks if rent is not paid monthly) is owed the day after the second month's rent should have been paid, ie one month and one day. You cannot serve a S8 for non-payment of rent until 2 months is unpaid. No-one is saying you have to wait 2 months to serve the S8 when saying that 2 months rent must be owed.

Delree

Kynthia makes the point well I have been trying to make, so thanks.

As rent is in advance yes one month and one day will do.

BitterAndTwisted

HOWEVER, social landlords' rents are due weekly, so one month and one day will not do for their tenants.

I would say that your employer either has particular tenancy conditions requiring rent paid monthly in advance or you are talking out of your hat about Section 8 Notices on Ground 8 being issued before eight weeks of rent is owed.

As Jamie11 said: "A S8 g8 can only be issued when there are 2 months unpaid, it would be invalid if issued before. (For rent that is due weekly in advance that would be eight week's rent owed).

The rules are quite clear.

I don't think you can add a mandatory ground to an existing S8 without seeing through the required notice to take action".

If rent is due to be paid weekly, it would be perverse in he extreme to seek possession based on eight weeks rent being owed before it is actually, erm, OWED.