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Section 21 / 8 advice please

13

Comments

  • theartfullodger
    theartfullodger Posts: 15,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 February 2023 at 3:31PM
    Ground 13 gives tenant better options to argue the toss.

    Not just s8g8 but g10 & 11 also (for the unlikely chance they pay arrears to below 2 months).

    NB is rent payable 4-weekly?  If so iirc no g8.

    If always rolling (always ? From day 1 ?) then it's periodic.

    You just need evidence notices are served.  So e.g. get ++free++ proof of postage from post offices.
  • GJB1980
    GJB1980 Posts: 14 Forumite
    10 Posts
    Ground 13 gives tenant better options to argue the toss.

    Not just s8g8 but g10 & 11 also (for the unlikely chance they pay arrears to below 2 months).

    NB is rent payable 4-weekly?  If so iirc no g8.

    If always rolling (always ? From day 1 ?) then it's periodic.

    You just need evidence notices are served.  So e.g. get ++free++ proof of postage from post offices.
    Thanks they won't be able to catch up with the rent with the last 2 months still oweing it's now £4200 in rent arrears , there too bone idle to fill the housing form in that they recieved in early December which is frustrating as I could be getting paid why the eviction is ongoing 

    Rent has always been paid monthly and been the same since day 1. with no changes 

    Just noticed on the latest gas Cert there first name initial has been put as C instead of P by gas engineer , everything else is 100% , Surname , address etc would this cause a problem
  • GJB1980 said:
    Ground 13 gives tenant better options to argue the toss.

    Not just s8g8 but g10 & 11 also (for the unlikely chance they pay arrears to below 2 months).

    NB is rent payable 4-weekly?  If so iirc no g8.

    If always rolling (always ? From day 1 ?) then it's periodic.

    You just need evidence notices are served.  So e.g. get ++free++ proof of postage from post offices.
    ............
    Rent has always been paid monthly and been the same since day 1. with no changes 

    .............
    Thanks, understood: My question was however (perhaps not clearly asked.,) does tenancy agreement state rent is to be paid 4-weekly - please? (Quite commonly requested in some circumstances..)

    If so no G8.. see...
    https://www.legislation.gov.uk/ukpga/1988/50/schedule/2/part/I/crossheading/ground-8

    Cheers!
  • SusieT
    SusieT Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    GJB1980 said:
    Ground 13 gives tenant better options to argue the toss.

    Not just s8g8 but g10 & 11 also (for the unlikely chance they pay arrears to below 2 months).

    NB is rent payable 4-weekly?  If so iirc no g8.

    If always rolling (always ? From day 1 ?) then it's periodic.

    You just need evidence notices are served.  So e.g. get ++free++ proof of postage from post offices.
    Thanks they won't be able to catch up with the rent with the last 2 months still oweing it's now £4200 in rent arrears , there too bone idle to fill the housing form in that they recieved in early December which is frustrating as I could be getting paid why the eviction is ongoing 

    Rent has always been paid monthly and been the same since day 1. with no changes 

    Just noticed on the latest gas Cert there first name initial has been put as C instead of P by gas engineer , everything else is 100% , Surname , address etc would this cause a problem
    It is worth adding the additional grounds that @theartfullodger suggested even though you think they will not be able to catch up, just in case they magically conjour up the money on the day before the court case. That way you have covered your posterior for the judge to have several reasons to give them the order to go.
    Credit card debt - NIL
    Home improvement secured loans 30,130/41,000 and 23,156/28,000 End 2027 and 2029
    Mortgage 64,513/100,000 End Nov 2035
    2022 all rolling into new mortgage + extra to finish house. 125,000 End 2036
  • The tenant's wrong initial on the gas report is irrelevant. What matters is that there is a valid report within the last 12 months for the property. 

    But check that the property is correctly described!
  • GJB1980
    GJB1980 Posts: 14 Forumite
    10 Posts
    GJB1980 said:
    Ground 13 gives tenant better options to argue the toss.

    Not just s8g8 but g10 & 11 also (for the unlikely chance they pay arrears to below 2 months).

    NB is rent payable 4-weekly?  If so iirc no g8.

    If always rolling (always ? From day 1 ?) then it's periodic.

    You just need evidence notices are served.  So e.g. get ++free++ proof of postage from post offices.
    ............
    Rent has always been paid monthly and been the same since day 1. with no changes 

    .............
    Thanks, understood: My question was however (perhaps not clearly asked.,) does tenancy agreement state rent is to be paid 4-weekly - please? (Quite commonly requested in some circumstances..)

    If so no G8.. see...
    https://www.legislation.gov.uk/ukpga/1988/50/schedule/2/part/I/crossheading/ground-8

    Cheers!
    Tenancy agreement states payment to be made to landlord by 28th of each month
  • GJB1980
    GJB1980 Posts: 14 Forumite
    10 Posts
    Section 8 & 21 all filled in now

    I'll be posting them to tenant 1st thing in the morning with proof of postage receipt 

    Do I now just wait until the tenant or there housing support contact me regarding this 
  • GJB1980 said:
    Section 8 & 21 all filled in now

    I'll be posting them to tenant 1st thing in the morning with proof of postage receipt 

    Do I now just wait until the tenant or there housing support contact me regarding this 
    You wait until the notice period ends and then apply to court for a possession order.
  • theartfullodger
    theartfullodger Posts: 15,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 February 2023 at 9:33AM
    GJB1980 said:
    Section 8 & 21 all filled in now

    I'll be posting them to tenant 1st thing in the morning with proof of postage receipt 

    Do I now just wait until the tenant or there housing support contact me regarding this 
    Tenant (or housing department of council ) do not have to communicate with you.

    If there is any communication ensure it is calm, polite, ideally confirmed in writing/email.  Any issues over repairs investigate, calm & polite, fix anything semi# or completely valid.  And document all in writing/email, keeping copies.
  • GJB1980 said:
    Section 8 & 21 all filled in now

    I'll be posting them to tenant 1st thing in the morning with proof of postage receipt 

    Do I now just wait until the tenant or there housing support contact me regarding this 
    Why should they contact you? Unless it's to either pay the arrears (in which case you review your next actions), or to beg you not to evict (again - you decide what to do!)

    Once the relevant time has passed, you apply to court.
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