We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Section 8 served to my tenants during lockdown - will it get thrown out?
Xxadele92xx
Posts: 32 Forumite
Advice please.
I served a section 8 upon my tenants in July - however I only gave them 5 weeks notice in the section 8. I have now realized during covid the notice period had increased to 3 months. At this point in July the tenant was 9 weeks behind with their rent. The tenant is furloughed and has been paying what she can when she can each week but its not enough (£50 PW instead of £175) - but now she is an equivalent of 14 weeks arrears.
I have now sent for a notice of possession and the hearing is in January (it has been over 3 months since I served the section 8). The tenant has an opportunity to submit a defense. As the section 8 only gave 1 months notice in stead of 3 months, will it be thrown out of court (Even though I have now waited 3 month)?
I served a section 8 upon my tenants in July - however I only gave them 5 weeks notice in the section 8. I have now realized during covid the notice period had increased to 3 months. At this point in July the tenant was 9 weeks behind with their rent. The tenant is furloughed and has been paying what she can when she can each week but its not enough (£50 PW instead of £175) - but now she is an equivalent of 14 weeks arrears.
I have now sent for a notice of possession and the hearing is in January (it has been over 3 months since I served the section 8). The tenant has an opportunity to submit a defense. As the section 8 only gave 1 months notice in stead of 3 months, will it be thrown out of court (Even though I have now waited 3 month)?
0
Comments
-
Yes, it is invalid and notice is now six months.2
-
Your notice is invalid. You will have to start again and re-issue.2
-
Will it get thrown out of court because the notice period given was not valid? Does this mean I will have to re-serve the section 8 with 6 months notice and repay the court fee?0
-
Only the judge can decide if it gets thrown out, but as it's an invalid notice then yes this is the most likely outcome.1
-
moneysavinghero said:Only the judge can decide if it gets thrown out, but as it's an invalid notice then yes this is the most likely outcome.And yes, you will need to start again with a new, valid notice and new court fees etc.You could wait till Jan and keep your fingers crossed for a judge who does not know the law, or you could re-iisue the S8 now and cancel the Jan hearing, or you could do both (though that is likely to alert the judge to what you did wrong in the unlikely event that he does not relaise anyway.)
0 -
Section 8 ground 8, I presume?
Make sure there's an s21 with it. If the tenant waits until the eve of the possession hearing and pays the debt down to 1p under two months, your s8g8 is void, even assuming everything else was perfect.
s8g10 and g11 may also be useful.2 -
I cant put a section 21 with it. There is no valid gas safety certificate for the boiler.0
-
You better get one then.Xxadele92xx said:I cant put a section 21 with it. There is no valid gas safety certificate for the boiler.1 -
So get a GSC before you issue the s21...
1 -
No gas report? Well if the tenant tells HSE you would be liable for a considerable fine, unless you can prove you made repeated efforts to obtain one but the tenant repeatedly denied you access, changed the locks etc.If so, I hope you've kept a log.
3
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601.1K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards