Friend been issued S8 G8,10,11,17 how can she sort this fast

Standingstrong

Hello a friend of mine has been served with a section 8 they are in 2 months arrears and they can pay the arrears off ASAP, 

Will that cancel the s8 altogether once arrears paid?? Or will it still continue 

and also I don’t know why they’ve used ground 17 also that means lied for a tenancy as per researching?? 

can someone elaborate please as they are going out there kind with stress.

SS x 

theartfullodger

G10 & 11 will still be valid after paying all arrears so could end up in court.  It's up to judge what happens (those grounds are discretionary).  Does friend need a good reference?

Suggest they try calm, polite negotiation AFTER paying off all arrears.

Useful stuff on this excellent site run by the experts...
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession

anselld

Grounds 8 and 10 will not be valid if the arrears are paid in full.
Grounds 11 and 17 may still be valid but are discretionary grounds so would depend on the seriousness of the problem.  It is most probable that the L would not proceed if arrears were paid and rent continued to be paid on time in future.
Only your friend can guess at the reason for ground 17 depending what they stated on their application.  Did they inflate their income perhaps?
The question is why are they in arrears at all if they have the means to pay straight away? 

Standingstrong

anselld said:

Grounds 8 and 10 will not be valid if the arrears are paid in full.
Grounds 11 and 17 may still be valid but are discretionary grounds so would depend on the seriousness of the problem.  It is most probable that the L would not proceed if arrears were paid and rent continued to be paid on time in future.
Only your friend can guess at the reason for ground 17 depending what they stated on their application.  Did they inflate their income perhaps?
The question is why are they in arrears at all if they have the means to pay straight away? 

They had bank fraud happen on there account hence non payment 

so once she pays off arrears they can’t proceed with the grounds 

anselld

Standingstrong said:

anselld said:

Grounds 8 and 10 will not be valid if the arrears are paid in full.
Grounds 11 and 17 may still be valid but are discretionary grounds so would depend on the seriousness of the problem.  It is most probable that the L would not proceed if arrears were paid and rent continued to be paid on time in future.
Only your friend can guess at the reason for ground 17 depending what they stated on their application.  Did they inflate their income perhaps?
The question is why are they in arrears at all if they have the means to pay straight away? 

They had bank fraud happen on there account hence non payment 

so once she pays off arrears they can’t proceed with the grounds 

They could not proceed with 8 and 10.  They could still proceed with 11 and 17 but are probably unlikely to do so unless relations have broken down badly.
I think if I was the Landlord I would be wondering how bank fraud lasts for two months.

Standingstrong

theartfullodger said:

G10 & 11 will still be valid after paying all arrears so could end up in court.  It's up to judge what happens (those grounds are discretionary).  Does friend need a good reference?

Suggest they try calm, polite negotiation AFTER paying off all arrears.

Useful stuff on this excellent site run by the experts...
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession

Okay she can pay it off asap but she’s calling then Tuesday when they’re back in office as they’re closed Monday so. 

I’ve told her to be calm and do not shout and negotiate with it as this is quite serious tbh 

and on the notice for grounds 17 it says about landlord was not happy about the references and documentation ?  

(Honestly don’t know what that means )

Standingstrong

anselld said:

Standingstrong said:

anselld said:

Grounds 8 and 10 will not be valid if the arrears are paid in full.
Grounds 11 and 17 may still be valid but are discretionary grounds so would depend on the seriousness of the problem.  It is most probable that the L would not proceed if arrears were paid and rent continued to be paid on time in future.
Only your friend can guess at the reason for ground 17 depending what they stated on their application.  Did they inflate their income perhaps?
The question is why are they in arrears at all if they have the means to pay straight away? 

They had bank fraud happen on there account hence non payment 

so once she pays off arrears they can’t proceed with the grounds 

They could not proceed with 8 and 10.  They could still proceed with 11 and 17 but are probably unlikely to do so unless relations have broken down badly.

Ok I’ll let her know that , the landlord hasn’t even emailed it’s the LA that has been understandable with her but they’ve gone ahead with this 

propertyrental

Standingstrong said:

anselld said:

Grounds 8 and 10 will not be valid if the arrears are paid in full.
Grounds 11 and 17 may still be valid but are discretionary grounds so would depend on the seriousness of the problem.  It is most probable that the L would not proceed if arrears were paid and rent continued to be paid on time in future.
Only your friend can guess at the reason for ground 17 depending what they stated on their application.  Did they inflate their income perhaps?
The question is why are they in arrears at all if they have the means to pay straight away? 

They had bank fraud happen on there account hence non payment 

so once she pays off arrears they can’t proceed with the grounds 

That's not what people have told you!

If the rent is paid  (to below 2 months arrears) then G8 fails.
If paid off in full, then G10 fails.

Gs 11,17 still apply. If there are still arrears (eg 1 month) judge is more likely to grant G10 or 11. As for 17 not enough information!

Use of so many Grounds suggests the LL is serious and intends to use whatever grounds he can.

Best option is to a)pay off all arrears and b) communicate with the LL, explain about the fraud, promise to be good in futre and hope the LL does not continue to court.

If that fails, tell the judge the same thing and hope he uses his discretion....


Schedule 2 of the Act specifies all the grounds, and which are mandatory (the judge must order eviction) and which discretionary (judge can use discretion)

Schedule 2 (17 S8 Grounds a LL can use)

Standingstrong

propertyrental said:

Standingstrong said:

anselld said:

Grounds 8 and 10 will not be valid if the arrears are paid in full.
Grounds 11 and 17 may still be valid but are discretionary grounds so would depend on the seriousness of the problem.  It is most probable that the L would not proceed if arrears were paid and rent continued to be paid on time in future.
Only your friend can guess at the reason for ground 17 depending what they stated on their application.  Did they inflate their income perhaps?
The question is why are they in arrears at all if they have the means to pay straight away? 

They had bank fraud happen on there account hence non payment 

so once she pays off arrears they can’t proceed with the grounds 

That's not what people have told you!

If the rent is paid  (to below 2 months arrears) then G8 fails.
If paid off in full, then G10 fails.

Gs 11,17 still apply. If there are still arrears (eg 1 month) judge is more likely to grant G10 or 11. As for 17 not enough information!

Use of so many Grounds suggests the LL is serious and intends to use whatever grounds he can.

Best option is to a)pay off all arrears and b) communicate with the LL, explain about the fraud, promise to be good in futre and hope the LL does not continue to court.

If that fails, tell the judge the same thing and hope he uses his discretion....


Schedule 2 of the Act specifies all the grounds, and which are mandatory (the judge must order eviction) and which discretionary (judge can use discretion)

Schedule 2 (17 S8 Grounds a LL can use)

Does her LL sound serious about this then , she hasn’t even lied about the referencing though? 

She’s written a long email to the LA to foward to the landlord to say she can pay off arrears ASAP and Februarys rental payment and a promise to pay rent early every month and a apology and to say this won’t happen again 

propertyrental

Standingstrong said:

propertyrental said:

Standingstrong said:

anselld said:

Grounds 8 and 10 will not be valid if the arrears are paid in full.
Grounds 11 and 17 may still be valid but are discretionary grounds so would depend on the seriousness of the problem.  It is most probable that the L would not proceed if arrears were paid and rent continued to be paid on time in future.
Only your friend can guess at the reason for ground 17 depending what they stated on their application.  Did they inflate their income perhaps?
The question is why are they in arrears at all if they have the means to pay straight away? 

They had bank fraud happen on there account hence non payment 

so once she pays off arrears they can’t proceed with the grounds 

That's not what people have told you!

If the rent is paid  (to below 2 months arrears) then G8 fails.
If paid off in full, then G10 fails.

Gs 11,17 still apply. If there are still arrears (eg 1 month) judge is more likely to grant G10 or 11. As for 17 not enough information!

Use of so many Grounds suggests the LL is serious and intends to use whatever grounds he can.

Best option is to a)pay off all arrears and b) communicate with the LL, explain about the fraud, promise to be good in futre and hope the LL does not continue to court.

If that fails, tell the judge the same thing and hope he uses his discretion....


Schedule 2 of the Act specifies all the grounds, and which are mandatory (the judge must order eviction) and which discretionary (judge can use discretion)

Schedule 2 (17 S8 Grounds a LL can use)

Does her LL sound serious about this then , she hasn’t even lied about the referencing though? 

She’s written a long email to the LA to foward to the landlord to say she can pay off arrears ASAP and Februarys rental payment and a promise to pay rent early every month and a apology and to say this won’t happen again 

Good idea but
paying off all the arrears before sending the email will have a better impact......!

[Deleted User]

theartfullodger 

Suggest they try calm, polite negotiation AFTER paying off all arrears.

Ah so on this occasion they dont ask the LL for his qualifications. Got ya!