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

_Penny_Dreadful

macman said:

I think your friend needs to accept that relations with the LL have broken down irretrievably and that, even if the arrears are paid in full tomorrow, the LL is likely to continue with seeking to gain possession under 11 and 17.
I doubt they want to risk further loss of income by waiting to serve an S21 in November, if that is the end of the fixed term TA.

No sane landlord would walk into a court hoping to get a possession order using two discretionary grounds with a Section 8 notice.  As all communication thus far has been with the letting agent I wonder if adding grounds 10, 11 and 17 were the idea of an over-zealous letting agent rater than the landlord.

housebuyer143

_Penny_Dreadful said:

macman said:

I think your friend needs to accept that relations with the LL have broken down irretrievably and that, even if the arrears are paid in full tomorrow, the LL is likely to continue with seeking to gain possession under 11 and 17.
I doubt they want to risk further loss of income by waiting to serve an S21 in November, if that is the end of the fixed term TA.

No sane landlord would walk into a court hoping to get a possession order using two discretionary grounds with a Section 8 notice.  As all communication thus far has been with the letting agent I wonder if adding grounds 10, 11 and 17 were the idea of an over-zealous letting agent rater than the landlord.

When we did section 8 notices at the letting agent I worked for, you always put every available ground down on the section 8 in case the arrears got cleared before the court date. Some landlords still wished to press forward on discretionary grounds. Some landlords I know got possession this way.

If you are doing it anyway, what harm does including the additional grounds do 

JReacher1

Seems a lucky coincidence that at the exact time the landlord serves the S8 that the tenant can instantly pay off the arrears….

Fraud happens and it is horrible but as soon as the account was unfrozen then all debts owed should have been paid. With online banking there is no excuse at all to explain why your friend has not already paid off the arrears. 

Boat_to_Bolivia

billy2shots said:

I might be reading between the lines but the reluctance to pay without assurance that all will be ok, suggests to me that rent owed  will only be paid if the person knows they will stay. 

No assurances are being given here hence why rent has not been sent ASAP. 

Sounds like 'if I'm being kicked out, I will not pay and may as well keep the money'. 


Only from how this thread is reading. 

Think @billy2shots is spot on.

_Penny_Dreadful

housebuyer143 said:

_Penny_Dreadful said:

macman said:

I think your friend needs to accept that relations with the LL have broken down irretrievably and that, even if the arrears are paid in full tomorrow, the LL is likely to continue with seeking to gain possession under 11 and 17.
I doubt they want to risk further loss of income by waiting to serve an S21 in November, if that is the end of the fixed term TA.

No sane landlord would walk into a court hoping to get a possession order using two discretionary grounds with a Section 8 notice.  As all communication thus far has been with the letting agent I wonder if adding grounds 10, 11 and 17 were the idea of an over-zealous letting agent rater than the landlord.

When we did section 8 notices at the letting agent I worked for, you always put every available ground down on the section 8 in case the arrears got cleared before the court date. Some landlords still wished to press forward on discretionary grounds. Some landlords I know got possession this way.

If you are doing it anyway, what harm does including the additional grounds do 

When you go to court off the back of a Section 8 using a mandatory ground then providing you can prove the mandatory ground e.g. 2 months rent is owed the tenants cannot defend the case and the judge has to grant the possession order even if he/she thinks eviction is a bit unfair e.g. when someone’s bank account has been frozen so they cannot access their money to pay the rent. 

On the other hand if you only walk into court with a discretionary ground(s) you not only have to prove the condition for the ground is met but the judge has to deem it reasonable for the tenant to be evicted because of it. For example, say you walk in with just ground 10 and at the time of the hearing the tenant owes you £1, yes the condition for ground 10 is met but no judge is going to grant a possession order over £1. 

With discretionary grounds the tenant is entitled to defend it and if they choose to put in a defence the case will not be concluded during the initial hearing as it would be with a mandatory ground.  You then have to wait weeks/months for the next hearing. The case can become drawn out and therefore expensive meanwhile the tenant, if in receipt of benefits could be entitled to legal aid.  It’s much easier for the landlord to issue a Section 21 at the earliest time possible. 

3card

Standingstrong said:

UnderOffer said:

Standingstrong said:

LegallyLandlord said:

Is it during the fixed term period? If not, the landlord could always serve a s21 notice or wait and do it if the relationship has broken down. 

Shouting is never a good approach for trying to win someone round when they are ultimately in a position of strength. 

In a fixed 12 month AST expires in November this year

That’s probably made the Landlord very wary of their new tenant. They paid 1 month in Nov, then defaulted in Dec and Jan? Not good. 

But it’s not her fault her account got shut for fraud since November tho? The la was understandably fine and so was the LL

12 month ago i had a tenant that was behind on her rent. On the 2nd month she sent me a screenshot of notification from her bank confirming her account had been blocked but it showed it was for a 1st Party fraud. This was after she told me that someone had hacked her account and this was the problem

After looking into it and finding out what 1st party fraud was i continued to kick her out using S8 G8, 10 & 11 and finally got possession.
So you will see that 'sometimes' its not possible to take peoples words at face value

macman

Whether the fraud block was due to action by the tenant or a 3rd party makes no difference. The tenant is in breach of contract if they are in arrears, and once that exceeds 2 months the LL can serve an S8.
It may not be the tenant's fault, but it's still their liability in law.

saajan_12

Standingstrong said:

She’s gone through her notice papers and they haven’t included the rental statement ? Does that mean notice is valid ?


and when she pays off the arrears in full this week will the notice expire? as there is no arrears 

she’s going to pay December January and February so basically 3 months rent this week 

The rental statement is good practice, to show the court the LL has done everything before escalating to court and incurring the fees etc. However its not 100% required and as long as the LL can prove the 2+ months arrears, they will get a possession order. 

The issue is if friend really wanted to pay rent on time, then they'd have paid it as soon as the account got unlocked. Was that really *today* since you mention she can now pay the arrears? They wouldn't have waited for the notice or to write a letter, or just for this week to start. 

Standingstrong

saajan_12 said:

Standingstrong said:

She’s gone through her notice papers and they haven’t included the rental statement ? Does that mean notice is valid ?


and when she pays off the arrears in full this week will the notice expire? as there is no arrears 

she’s going to pay December January and February so basically 3 months rent this week 

The rental statement is good practice, to show the court the LL has done everything before escalating to court and incurring the fees etc. However its not 100% required and as long as the LL can prove the 2+ months arrears, they will get a possession order. 

The issue is if friend really wanted to pay rent on time, then they'd have paid it as soon as the account got unlocked. Was that really *today* since you mention she can now pay the arrears? They wouldn't have waited for the notice or to write a letter, or just for this week to start. 

She rang agents today and asked to speak to the women and they said not in till tomorrow and she said to the man on the phone can you tell me more please and he said no got to wait Until that girl is in office tomorrow 

Standingstrong

Like I said the fraud block wasn’t her fault her funds got taken By fraudsters