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Tenant in arrears section 8

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  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bear in mind that if he pays off some of the arrears owing to an extent that it reduces to less than 2m, then the S8 becomes invalid.  
    The normal advice would be to serve an S21 as well, but since he is still in a fixed term contract, you don't have that option.
    No free lunch, and no free laptop ;)
  • Avigg
    Avigg Posts: 39 Forumite
    Part of the Furniture 10 Posts
    macman said:
    Bear in mind that if he pays off some of the arrears owing to an extent that it reduces to less than 2m, then the S8 becomes invalid.  
    The normal advice would be to serve an S21 as well, but since he is still in a fixed term contract, you don't have that option.
    I will be putting ground 8, 10 and 11 as well as he also missed payment on time in the past. 
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Avigg said:
    macman said:
    Bear in mind that if he pays off some of the arrears owing to an extent that it reduces to less than 2m, then the S8 becomes invalid.  
    The normal advice would be to serve an S21 as well, but since he is still in a fixed term contract, you don't have that option.
    I will be putting ground 8, 10 and 11 as well as he also missed payment on time in the past. 
    Not relevant. He has to be a minimum of two months in arrears for a S8 to be valid. If he then reduces that to less, then you won't get a possession order. 
    No free lunch, and no free laptop ;)
  • Avigg
    Avigg Posts: 39 Forumite
    Part of the Furniture 10 Posts
    macman said:
    Avigg said:
    macman said:
    Bear in mind that if he pays off some of the arrears owing to an extent that it reduces to less than 2m, then the S8 becomes invalid.  
    The normal advice would be to serve an S21 as well, but since he is still in a fixed term contract, you don't have that option.
    I will be putting ground 8, 10 and 11 as well as he also missed payment on time in the past. 
    Not relevant. He has to be a minimum of two months in arrears for a S8 to be valid. If he then reduces that to less, then you won't get a possession order. 
    Understood, I wasn’t aware about this. Thanks 
  • Avigg
    Avigg Posts: 39 Forumite
    Part of the Furniture 10 Posts
    Avigg said:
    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?
    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?

    Can someone answer this question?
  • anselld
    anselld Posts: 8,646 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    macman said:
    Avigg said:
    macman said:
    Bear in mind that if he pays off some of the arrears owing to an extent that it reduces to less than 2m, then the S8 becomes invalid.  
    The normal advice would be to serve an S21 as well, but since he is still in a fixed term contract, you don't have that option.
    I will be putting ground 8, 10 and 11 as well as he also missed payment on time in the past. 
    Not relevant. He has to be a minimum of two months in arrears for a S8 to be valid. If he then reduces that to less, then you won't get a possession order. 
    That is incorrect.  Grounds 10 and 11 do not require 2 month arrears to be valid.  They are not mandatory grounds but possession may still be granted.
  • 3card
    3card Posts: 437 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Avigg said:
    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?
    Sorry for the delay but i am away at the moment

    I didnt provide any evidence until the actual court hearing. Just quote the figures and dates in the S8 form and issue it 
  • theartfullodger
    theartfullodger Posts: 15,708 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 11 September 2022 at 6:43PM
    macman said:
    Avigg said:
    macman said:
    Bear in mind that if he pays off some of the arrears owing to an extent that it reduces to less than 2m, then the S8 becomes invalid.  
    The normal advice would be to serve an S21 as well, but since he is still in a fixed term contract, you don't have that option.
    I will be putting ground 8, 10 and 11 as well as he also missed payment on time in the past. 
    Not relevant. He has to be a minimum of two months in arrears for a S8 to be valid. If he then reduces that to less, then you won't get a possession order. 
    Amazing how many people and letting agents don't understand that this is not the case .

    G10&11 still valid if below 2 months 

    The court can still consider the matter, up to judge to decide. Possession order has been granted in just these circumstances.

    Where do all these people get their landlord education from?  
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