Section 8

dccantona

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court. In general I have not received a new tenancy agreement from the landlord and have requested one.
However as I have withheld my rent until this matter was resolved they have decided to go to court.
Basic info 1 year AST signed Aug 2013 with old landlord for 1 year.
February 2014 property sold to investment company who refused a new contract but kept the old 1 in place.
Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord.
Dec 2014 N5 form received from county court. Court date Jan 2015.
However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name.
Secondly they are relying in their defence on 2013 AST which clearly states old LL.
Therefore if the address is wrong & they are relying on the old contract I wish to get the hearing set aside as I have read the Section 8 has to be exact. They also claim that solicitor letter was sent in December & I signed for which I did not. How could a possession order if granted be issued to a wrong address? Instead of saying 9a they have put 91.
How do I go about getting this hearing set aside. Is there a prescribed form I need or just go to the court before Xmas & ask the judge to set aside the hearing & throw out the case. Thanks

Guest101

dccantona wrote: »

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court. In general I have not received a new tenancy agreement from the landlord and have requested one.
However as I have withheld my rent until this matter was resolved they have decided to go to court.
Basic info 1 year AST signed Aug 2013 with old landlord for 1 year.
February 2014 property sold to investment company who refused a new contract but kept the old 1 in place.
Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord.
Dec 2014 N5 form received from county court. Court date Jan 2015.
However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name.
Secondly they are relying in their defence on 2013 AST which clearly states old LL.
Therefore if the address is wrong & they are relying on the old contract I wish to get the hearing set aside as I have read the Section 8 has to be exact. They also claim that solicitor letter was sent in December & I signed for which I did not. How could a possession order if granted be issued to a wrong address? Instead of saying 9a they have put 91.
How do I go about getting this hearing set aside. Is there a prescribed form I need or just go to the court before Xmas & ask the judge to set aside the hearing & throw out the case. Thanks

Well pay your rent for a start.

They are not obliged to give you a new tenancy, the old one still applies.

Since the court date is in the future there is nothing to set aside.

jbainbridge

You're not entitled to a new tenancy. However when yours finished it automatically rolled onto a periodic tenancy.

You should not be with holding rent.

I've no idea on the validity of the S8 ...

fairy_lights

Not being issued with a new tenancy agreement is not a valid reason for withholding rent.
When did you stop paying, back in August when the initial AST expired?

bris

Even if the s8 is invalid it's a mistake they will only make once. You have no rights to a new tenancy and by withholding the rent you have made matters worse.


They will get judgement against you and you will still be evicted, it's only matter of time.


If you want to stay there, best trying to repair the damage.

mrginge

I suggest you get this matter 'put aside' by paying your rent.
Then you can enjoy the rest of your fixed term and spend the time looking for your next home, as you will be evicted at the earliest possible opportunity (with an excellent reference of course).

harrys_dad

If you are less than 2 months rent in arrears when it gets to court it will be thrown out. You are on a periodic tenancy under the old agreement so just pay your rent. The landlord could, and probably will, then issue a S21 and give you two months notice.

Pixie5740

When the property was sold in February 2014 you were still part way through your original fixed term tenancy. That same tenancy continued despite having a change of landlord. That isn't grounds to just stop paying your rent. Did your new landlord provide with new bank details to make rent payments to and supply you with a new address in England or Wales for the serving of notices?


When your fixed term ended you automatically started a Statutory Periodic Tenancy.


I'm not saying that your new landlord hasn't made a hash of issuing the Section 8 or the rent notification correctly but you've really made a mountain out of a molehill here.

thesaint

harrys_dad wrote: »

If you are less than 2 months rent in arrears when it gets to court it will be thrown out.

This is incorrect.

Guest101

thesaint wrote: »

This is incorrect.

This.

Whilst there is some history of courts being unwilling to evict if inder two months arrears, this is not guaranteed. It's discretionary.

jjlandlord

Guest101 wrote: »

Whilst there is some history of courts being unwilling to evict if inder two months arrears, this is not guaranteed. It's discretionary.

It is very unlikely that a court will grant possession if less than 2 months owing. if there is no serious previous history.