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Section 21 / 8 advice please
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An s8g10 may be validly served if only 1p is underpaid for rent for only 1 day. Cheap simple way to send message to tenant.
But only take to court when 2 months unpaid. Unless long term pattern of rent arrears.
'sfunny how many "gurus" appear unaware of this..0 -
theartfullodger said:An s8g10 may be validly served if only 1p is underpaid for rent for only 1 day. Cheap simple way to send message to tenant.
But only take to court when 2 months unpaid. Unless long term pattern of rent arrears.
'sfunny how many "gurus" appear unaware of this..No free lunch, and no free laptop0 -
macman said:theartfullodger said:An s8g10 may be validly served if only 1p is underpaid for rent for only 1 day. Cheap simple way to send message to tenant.
But only take to court when 2 months unpaid. Unless long term pattern of rent arrears.
'sfunny how many "gurus" appear unaware of this..1 -
_Penny_Dreadful said:GJB1980 said:To be honest this has been a major headache I'm now financially struggling myself because I've had to borrow money from my dad to keep paying the mortgage on the rented house , I just want them out and then I'll sell the property and hopefully that then will be enough to clear theortgage and pay my dad back what I owe him
Can a judge allow them to stay in there if the direct payment is set up , there's no way they'd be able to pay the 3k + arrears
The rent arrears I know I'll never get back and to be honest I wouldn't be bothered as long ad there gone and I've got the house back , I look at it like this yes they owe me a few grand but I've had 10+ years where they have paid rent so it's not always been bad just a bit messy now trying get rid of them0 -
'Next few months' will depend on the court delays, there were huge backlogs for possession orders: it could be 4 months before you even get to court. So, the sooner you serve, the better. Just make sure the tenancy is regularised before you do, otherwise you'll be back to square one if the tenant challenges the S21 successfully.No free lunch, and no free laptop0
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Thanks everyone I'm getting everything in place here now with section 8 and 21 as I know she's going to drag her feet and make this as hard as possible for me to re gain possession back of my house
The 5 year electric check was done about 5 months ago however after speaking with my wife I'm not sure if we give her a copy of the certificate , got a copy here nowso would you pop that in with the section 8 + 21
What's the procedure regarding these being sent as she won't comply with filling the housing forms amd posting them back so what's to say she'll ignore these section 8 & 21 forms0 -
It doesn't matter if she ignores them, or even if she never receives them. All you need to demonstrate to the court is that service was valid, which is deemed to be 2 working days after sending 1st class. Get a proof of posting and that's all you need to do.
If she ignores everything and doesn't show in court, you win by default, as long as everything in the tenancy is regularised.No free lunch, and no free laptop1 -
GJB1980 said:
What's the procedure regarding these being sent as she won't comply with filling the housing forms amd posting them back so what's to say she'll ignore these section 8 & 21 forms
Just make sure you have proofof service. Either hand deliver (take a witness? or photo of you [uting them through letter box with that day's newspaper showing) or post duplicates from 2 different post offices with 'proof of posting'
Belt and braces.
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One extra point, each tenant needs a separate notice. Do use the notices on the gov website and follow to the letter.If you’re an NRLA member, they have a helpline to call.0
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Thanks everyone I'm off work now for a few days so just getting everything together to get this done
I'm using the free section 8 & 21 templates from the law depot.co.uk
On the section 8 template it gives me options of all the grounds groud 8 of the notice it states " the tenant will not have paid the equivalent of 2 months rent ( or 3 months rent if rent us paid quarterly) , it's asking why ground 8 is being relied on , do I need to be very specific here what is owed or do I just put over 2 months rent oweing , also do I tick the other grounds
Should I also use ground 13 too because of the condition and the state the house is currently in due to them not looking after the property and the excess number of people living in there who shouldn't be
On the section 21 notices template it's giving me 2 different options of either fixed term or periodic term , the contracts always been a rolling contract so am I correct in just giving the fixed notice
I just want to make sure everything is correct so hopefully everything goes smoothly0
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