Tenant in arrears section 8

Avigg

Hi

My tenant owe 2 months of rent and I am planning to issue section 8 notice. 

Tenant is living in the property from last 3 years. When initially they signed the agreement I didn’t provide them with gas safety certificate and how to rent guide as it was my first time renting property. 

As the initial agreement was for 12 months and it was on monthly rolling so tenant signed new 12 month agreement beginning this year. I did provide him all the required documentations this time with the tenancy agreement. Can I serve him section 8 notice based on new tenancy agreement?

Thanks for your help. 

anselld

Yes you can.  Such documentation failings are a defence against s21 notice, not against s8.  Make sure you get everything else right though.  You would be well advised to use a Solicitor if this is "your first time renting".

[Deleted User]

Have you spoken to the tenant about the situation? Assuming they stay put and continue not to pay, they will owe you a hefty amount, but can they pay it?  Or might you come to some agreement that they leave asap, as it is not in their interests to accrue more arrears. Either way, issue the notice.

Avigg

[Deleted User] said:

Have you spoken to the tenant about the situation? Assuming they stay put and continue not to pay, they will owe you a hefty amount, but can they pay it?  Or might you come to some agreement that they leave asap, as it is not in their interests to accrue more arrears. Either way, issue the notice.

Thanks guys for your response. Yes I tried to make communication via calls/WhatsApp but not getting any traction. He is in building works and every Friday he promised that he will pay on the evening but never responds to my text or calls and go quite. It’s getting really frustrated now. Do I need to engage solicitor to complete section 8 form 3 as I have seen some examples online and it seems straightforward. 

anselld

Avigg said:

[Deleted User] said:

Have you spoken to the tenant about the situation? Assuming they stay put and continue not to pay, they will owe you a hefty amount, but can they pay it?  Or might you come to some agreement that they leave asap, as it is not in their interests to accrue more arrears. Either way, issue the notice.

Thanks guys for your response. Yes I tried to make communication via calls/WhatsApp but not getting any traction. He is in building works and every Friday he promised that he will pay on the evening but never responds to my text or calls and go quite. It’s getting really frustrated now. Do I need to engage solicitor to complete section 8 form 3 as I have seen some examples online and it seems straightforward. 

The real question is can you follow through the whole process, courts action, enforcement, etc without assistance of a Solicitor.  Most solicitors will not pick up a case mid-flow, they will just want to start again to ensure there are no mistakes.  So unless you know how to get through the whole end-to-end process you are better to engage them from the start.

Avigg

anselld said:

Avigg said:

[Deleted User] said:

Have you spoken to the tenant about the situation? Assuming they stay put and continue not to pay, they will owe you a hefty amount, but can they pay it?  Or might you come to some agreement that they leave asap, as it is not in their interests to accrue more arrears. Either way, issue the notice.

Thanks guys for your response. Yes I tried to make communication via calls/WhatsApp but not getting any traction. He is in building works and every Friday he promised that he will pay on the evening but never responds to my text or calls and go quite. It’s getting really frustrated now. Do I need to engage solicitor to complete section 8 form 3 as I have seen some examples online and it seems straightforward. 

The real question is can you follow through the whole process, courts action, enforcement, etc without assistance of a Solicitor.  Most solicitors will not pick up a case mid-flow, they will just want to start again to ensure there are no mistakes.  So unless you know how to get through the whole end-to-end process you are better to engage them from the start.

Yes you are right, I don’t have any experience in this process. I have got tiny hope that he will pay his rent and before I engage solicitor I want to send him notice just to show him the seriousness of the situation. In case he ignore that then I don’t have any other choice to engage professional. 

anselld

Avigg said:

anselld said:

Avigg said:

[Deleted User] said:

Have you spoken to the tenant about the situation? Assuming they stay put and continue not to pay, they will owe you a hefty amount, but can they pay it?  Or might you come to some agreement that they leave asap, as it is not in their interests to accrue more arrears. Either way, issue the notice.

Thanks guys for your response. Yes I tried to make communication via calls/WhatsApp but not getting any traction. He is in building works and every Friday he promised that he will pay on the evening but never responds to my text or calls and go quite. It’s getting really frustrated now. Do I need to engage solicitor to complete section 8 form 3 as I have seen some examples online and it seems straightforward. 

The real question is can you follow through the whole process, courts action, enforcement, etc without assistance of a Solicitor.  Most solicitors will not pick up a case mid-flow, they will just want to start again to ensure there are no mistakes.  So unless you know how to get through the whole end-to-end process you are better to engage them from the start.

Yes you are right, I don’t have any experience in this process. I have got tiny hope that he will pay his rent and before I engage solicitor I want to send him notice just to show him the seriousness of the situation. In case he ignore that then I don’t have any other choice to engage professional. 

Your choice, there is no harm serving now even if a Solicitor decides they want to serve again.  However, the longer you travel in hope the worse the outcome will be.  All the times I have seen this happen the regret Landlord's always have is the wish they had acted firmly sooner.

Avigg

anselld said:

Avigg said:

anselld said:

Avigg said:

[Deleted User] said:

Have you spoken to the tenant about the situation? Assuming they stay put and continue not to pay, they will owe you a hefty amount, but can they pay it?  Or might you come to some agreement that they leave asap, as it is not in their interests to accrue more arrears. Either way, issue the notice.

Thanks guys for your response. Yes I tried to make communication via calls/WhatsApp but not getting any traction. He is in building works and every Friday he promised that he will pay on the evening but never responds to my text or calls and go quite. It’s getting really frustrated now. Do I need to engage solicitor to complete section 8 form 3 as I have seen some examples online and it seems straightforward. 

The real question is can you follow through the whole process, courts action, enforcement, etc without assistance of a Solicitor.  Most solicitors will not pick up a case mid-flow, they will just want to start again to ensure there are no mistakes.  So unless you know how to get through the whole end-to-end process you are better to engage them from the start.

Yes you are right, I don’t have any experience in this process. I have got tiny hope that he will pay his rent and before I engage solicitor I want to send him notice just to show him the seriousness of the situation. In case he ignore that then I don’t have any other choice to engage professional. 

Your choice, there is no harm serving now even if a Solicitor decides they want to serve again.  However, the longer you travel in hope the worse the outcome will be.  All the times I have seen this happen the regret Landlord's always have is the wish they had acted firmly sooner.

Thanks again for help and response. Really appreciate. 

3card

I did my own S8 under grounds 8, 10 & 11. It really is a straightforward form and if you then want to employ a professional company thats fine but you may be lucky and find the S8 notice is enough for them to leave

Bear in mind that you dont need a solicitor and you could use one of the eviction specialists that are available online. I used one just to use for the final bailiffs push and it all went through ok

theartfullodger

For future reference you may validly serve s8g10 if only 1p underpaid for only 1day.  Very cheap way of sending message and that you know a bit about the law, just for a stamp.

Avigg

3card said:

I did my own S8 under grounds 8, 10 & 11. It really is a straightforward form and if you then want to employ a professional company thats fine but you may be lucky and find the S8 notice is enough for them to leave

Bear in mind that you dont need a solicitor and you could use one of the eviction specialists that are available online. I used one just to use for the final bailiffs push and it all went through ok

Thanks for your response. I am completing the Section 8 form and in the section “Provide an explanation of why Ground 8 is being relied on” Do I need to provide all the information like giving evidence of the last bank statements showing missing payments or just explain that the last time tenant paid the rent in July and since then on rent has been received?