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

propertyrental

JReacher1 said:

Standingstrong said:

JReacher1 said:

Standingstrong said:

JReacher1 said:

Standingstrong said:

MattMattMattUK said:

Standingstrong said:

macman said:

Seems fairly clear that what the OP's friend wants to do first is offer to pay the arrears on the basis that the G10 and 11 is not proceeded with. In which case she needs to extract that in writing before she pays up.
That might not be very ethical, but from her own point of view it's probably the best course of action.
Whether it simply stiffens the LL's resolve to end the tenancy anyway is not something anyone can know.

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

What is "fair" is subjective, the landlord will have been paid late and will likely have faced costs and/or inconvenience, he will want rid of his uncooperative tenant. As she now appears to want to get the landlord to waive his legal rights in return for doing what she should have already done she will have burnt whatever remaining bridges there were.

Standingstrong said:

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

The landlord gets the rent two months late. The tenant seems to miss that, they also show that they have no regard for their contract as they could have already paid, but have not.

Standingstrong said:

And there’s obviously no point of the LL going to court over g11,17 as she would’ve paid the arrears and paid the rent normal then 

There is a point to go on the other terms, to get rid of a difficult tenant, which is likely what they will do.

How is my friend a difficult tenant for a banking issue which held her funds up. The LL has been very understandable in this situation and he’s been kept in the loop to when he’ll be paid. 

The letting agents done the s8 not the landlord as it’s fully mananged by them

Even when it is fully managed Letting agents don't tend to issue S8's without the landlords permission.

I am confused slightly as if this is fully managed by the letting agency how is your friend even keeping the landlord updated?  She should have no contact with the landlord and just go through the letting agent.  

Something about this whole story doesn't ring 100% true really.

The letting agent act behalf of landlord , they all do? I don’t rent I have mortgage ,

im trying to get advice for my friend here to be honest. 

She has been keeping the landlord and LA updated daily !!! she hasn’t left them for ransom or left them wondering at all.

if she was leaving them ransom she wouldn’t of rang today would she … 

think about it 

On one of your original posts she was going to phone tomorrow as they were shut on Monday.  Now they are not shut on Monday but the person she is dealing with is on holiday.  So that doesn't seem 100% right.

Is she is updating the landlord daily then I assume she has spoken to them on Friday (and today) so is the landlord happy that his rent arrears are being delayed by another day because the letting agency won't take the money?  Personally if I was the landlord I wouldn't be happy.

Your friend must have the letting agents bank details so I still don't understand why she didn't pay the rent using online/telephone banking on Friday (or in the three days since).  

Your friends actions to an unfortunate fraud situation have been ill thought out (naïve at best) and unfortunately this means she is very likely going to be evicted once the proceedings have reached their natural conclusion.

I meant the girls was on annual leave who is dealing with this , I thought annual leave and off work meant the same?? 

The exact words you wrote were :-

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

That does not mean the same as being off work/annual leave

It really does not matter whether the girl is on leave, off sick, or the office is closed, or..... whatever.

The tenant does not owe money to the girl. The tenant does not need to speak to the girl in order to pay what they owe. The rent is due (overdue) to the landlord so should be paid.

All this prevarication, making excuses to delay further, or demands for a meaningless agreement in return for rent that is legally due, just makes things worse.

As a LL, I'd proceed to a discretionary eviction - because the tenant is mucking about and unreliable.

And I'd do that even if the letting agent had given a (meaningless) assurance not to use G11 or any other S8 ground.

And once I'd shown the judge the assurance I'd been blackmailed into giving I think eviction would be a foregone conclusion!

Tiglet2

OP please answer Yes or No to each question on behalf of your friend:

Is the tenant in arrears?
Is the bank account frozen now?
Can the tenant pay the arrears?
Has the tenant paid the arrears?
Is the tenant holding back the arrears to 'negotiate' the S8 Notices?

Enough said.  

  

propertyrental

Tiglet2 said:

OP please answer Yes or No to each question on behalf of your friend:

Is the tenant in arrears?
Is the bank account frozen now?
Can the tenant pay the arrears?
Has the tenant paid the arrears?
Is the tenant holding back the arrears to 'negotiate' the S8 Notices?

Enough said.  

  

Please sir! Please sir! I know! I know!

edit: just to add: in the thread title the OP asked:

"how can she sort this fast"

Well that's easy and has been answered numerous times by numerous people!

_Penny_Dreadful

Robbo66 said:

Any agent or landlord worth their salt would have served a Section 21 alongside the section 8. If the section 8 fails or becomes void they can then fall back to the Sec 21. Also re the G17, G 12 would have been a better option, still discretional but a better bet.

It’s too early for the landlord to serve a Section 21 because the fixed term ends in November. Any Section 21 served now wouldn’t be valid. 

EssexHebridean

Standingstrong said:

macman said:

Seems fairly clear that what the OP's friend wants to do first is offer to pay the arrears on the basis that the G10 and 11 is not proceeded with. In which case she needs to extract that in writing before she pays up.
That might not be very ethical, but from her own point of view it's probably the best course of action.
Whether it simply stiffens the LL's resolve to end the tenancy anyway is not something anyone can know.

That’s correct she wants it in writing that when she pays the Arrears all the s8 gets stopped as it’s fair. 

The LL gets what they’re owed and the T don’t get no action against them as she would’ve paid it tomorrow. 

And there’s obviously no point of the LL going to court over g11,17 as she would’ve paid the arrears and paid the rent normal then 

And what if the LL says that no, they are not going to stop the action?  If the answer is that she will tell them they can jump for their owed rent, then that's blackmail. if the answer is that she will behave as a decent human being and pay what she owes anyway, then she absolutely doesn't need to wait for that information before paying up. 

She should have paid the arrears on Friday as soon as the account was unblocked, and then as said waaay back in the thread, written to the LL/LA apologising and asking nicely that they might drop the action. 

By the way "Holding them to ransom" is a phrase that effectively means the same as "blackmailing" - so if for example someone was to turn to a landlord and say "yes, I know I owe you rent, but before I pay it I'd like you to confirm that you're going to drop the action against me" with the intent of withholding the rent owed if that confirmation was not forthcoming. A bit, oddly enough, like the situation your friend seems to find themself in... 

propertyrental

_Penny_Dreadful said:

Robbo66 said:

Any agent or landlord worth their salt would have served a Section 21 alongside the section 8. If the section 8 fails or becomes void they can then fall back to the Sec 21. Also re the G17, G 12 would have been a better option, still discretional but a better bet.

It’s too early for the landlord to serve a Section 21 because the fixed term ends in November. Any Section 21 served now wouldn’t be valid. 

unless there's a Break Clause. Relatively common in 12 month fixed terms. Though of course a S21 can't be served in the first 4 months.

_Penny_Dreadful

Standingstrong said:

Robbo66 said:

Any agent or landlord worth their salt would have served a Section 21 alongside the section 8. If the section 8 fails or becomes void they can then fall back to the Sec 21. Also re the G17, G 12 would have been a better option, still discretional but a better bet.

Does she mention this to them?

Why would your friend mention the above to the letting agent? 

I understand that your friend doesn’t want to pay the arrears unless she gets some assurance from the letting agent that the landlord won’t go to court using the discretionary grounds but this is not the best course of action for your friend. She should have paid the arrears the second her bank account was unfrozen. At risk of sounding like a broken record it is very unlikely the landlord would have proceeded with just discretionary grounds as they’re just not worth the time and hassle not when the landlord can just wait to issue a Section 21 nearer the end of the fixed term which becomes increasingly more likely the longer your friend continues to play silly buggers. 

Your friend needs to pay the rent now. Speaking to the letting agent tomorrow isn’t going to change anything because as has been said more than once on this thread a Section 8 once issued cannot be cancelled. All the landlord can do is choose not to apply to court off the back of it. 

Exodi

propertyrental said:

_Penny_Dreadful said:

Robbo66 said:

Any agent or landlord worth their salt would have served a Section 21 alongside the section 8. If the section 8 fails or becomes void they can then fall back to the Sec 21. Also re the G17, G 12 would have been a better option, still discretional but a better bet.

It’s too early for the landlord to serve a Section 21 because the fixed term ends in November. Any Section 21 served now wouldn’t be valid. 

unless there's a Break Clause. Relatively common in 12 month fixed terms. Though of course a S21 can't be served in the first 4 months.

For the record, the OP's friend hasn't lived in the property for 4 months yet. They moved in in November and paid the first months rent, then didn't pay anything for December or January, with February due in the next week.

I think despite everyone's best effort, there remains a 100% chance the OP's friend calls the estate agent to try strong-arm them.

To be honest, I still don't understand the motivation of doing this - if the landlord does not agree to be blackmailed, the friend will either have to decide whether to carry out on her threat or just pay the rent regardless (and if that's the case, why bother blackmailing them to begin with). If the landlord does agree to it and provides some form of letter that waives their contractual and legal rights - there's nothing stopping them pursuing eviction regardless. No judge will side with the tenant, dismissing the case with a 'hey, she blackmailed you fair and square!' - in fact it makes it ever more likely to get themselves evicted.

All of this is a bit of an own goal by the friend, but I understand it makes no difference what anyone says.

YoungBlueEyes

EA will be open now.... Has friend called and spoken to the woman...? Has the rent been paid...?

Tiglet2

YoungBlueEyes said:

EA will be open now.... Has friend called and spoken to the woman...? Has the rent been paid...?

Try to be patient! It’s not even 10am yet!!