Section 8

Guest101

jjlandlord wrote: »

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

So not guaranteed, like I said.

It sounds like rent not paid since august, so 4 or 5 months in arrears currently

caprikid1

I don't think its the first time the OP has done this judging by previous posts.

Pixie5740

caprikid1 wrote: »

I don't think its the first time the OP has done this judging by previous posts.

Neither it is...


https://forums.moneysavingexpert.com/discussion/5032025=


https://forums.moneysavingexpert.com/discussion/3043014=

45002

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

For Reference http://www.consumeractiongroup.co.uk/forum/showthread.php?438256-Section-8

G_M

Oh dear. Again?

What happened in 2011? Did you get evicted?

dccantona wrote: »

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court.
So you have stupidly not been paying your rent. Surprise. You got a S8.
In general I have not received a new tenancy agreement from the landlord and have requested one.
The LL does not have to give you one.

However as I have withheld my rent until this matter was resolved they have decided to go to court.
Of course. So would I. You are a tenant, with a valid tenancy, living in accomodation provided by the LL. If you don't pay your rent, you will get taken 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.
Fair enough. So you have a fixed term tenancy till Aug 2014.

Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord.
??? Why are you dealing with the 'old' landlord?

Dec 2014 N5 form received from county court. Court date Jan 2015.
Clarify: is this because you stopped paying ALL rent? Or the amount of the increase? Or what?

However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name.
Court may or may not accept this. If it is clearly a typo or similar, and it is clear who it actually refers to, the court may allow it

Secondly they are relying in their defence on 2013 AST which clearly states old LL.
'Defence'? Surely it is you entering a defence (not that I see that you have a valid defence).

Your rent is based on the original tenancy (with the original LL) which then became a SPT in August 2014. The new LL would need to submit the original tenancy agreement.

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.
You may succeed with the incorrect address. Or you may not.

You will not suceed with the LL name.

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.
Hmmm. Looks like a typo - see my earlier comments.

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

The easiest solution is to pay the rent you owe!

Failing that, your defendant's response should itemise the reasons the claim should be struck out or denied.

patman99

The OP sounds like a nightmare tenant. Witholding rent just because the new LL wants to increase it by 6%.

OP, do yourself a favour and pay all the back-rent you owe. This at least, will scupper the Court case as you will be up to date.
You cannot blame the LL for taking this action, after all, you are renting a property from him for which he expects payment on a regular basis. That is what renting is all about and if you can't understand that, then go live in a tent.

thesaint

patman99 wrote: »

OP, do yourself a favour and pay all the back-rent you owe. This at least, will scupper the Court case as you will be up to date.

Please read the thread, this has been discussed already.

You don't know what grounds the landlord may have cited for possession.

bris

A professional tenant by the looks of it, a LL's worst nightmare, knows how to play the system will eventually be evicted and do it all again.


Previous history, doing it again now, it all point's to it, and the advise on here keeps him in place longer, very clever.

Pixie5740

If landlords (I know that some do already) did more comprehensive checks and took this toerag to court to get a CCJ for non-payment of rent it would make it more difficult for the OP to continue this cycle.


Although I suppose at the point of eviction the LL is probably just glad to get the OP out the property.