Section 8 Form- Evicting Tenants
12 Oct 2008
What is a section 8?
A section 8 is used to terminate an Assured Shorthold Tenancy Agreement during the fixed term because a tenant has breached the tenancy agreement (e.g fallen into rent arrears).
In order for the section 8 to be valid, the landlord must rely on certain grounds set out in Schedule 2 to the Housing Act 1988.
The amount of notice required to be given to the tenant will vary depending on which Ground you want to evict the tenant on. If the landlord is relying on ground 2, two months’ notice must be given. If the landlord is relying on grounds 8, 10, 11, 12, 13, 14, 14A, 15 or 17, two weeks’ notice must be given.
If the Landlord is evicting a tenant on Grounds 2 and 8, then the court has no choice but to award possession to Landlord- that is mandatory. The other grounds are discretionary and the court will only award possession if it is reasonable to do so.
Once the Tenant receives the Notice
Once then Tenant receives the section, they have 14 days to respond. Once the Section 8 notice has expired and if the tenant has not paid you the rent due or moved out of your property, you may apply for a hearing at a County Court.
Here’s more information on Evicting Tenants.
The Grouds For Eviction
Depending on which Ground the eviction is being based on, it will need to be stated in the section 8 form.
Ground 2
The property is subject to a mortgage which pre-dates the tenancy and the lendor wishes to exercise its rights over the property, i.e. repossess it. A notice under this ground must be served before the creation of the tenancy.
Ground 8
At the date of service of the notice and at the date of the hearing, the tenant has not paid the rent, and either rent is payable weekly or fortnightly and at least eight weeks’ rent is unpaid; or rent is payable monthly and at least two months’ rent is unpaid; or rent is payable quarterly and at least one quarter’s rent is more than three months in arrears.
Note: When claiming possession under this ground, it is advisable to cite more than one ground since, if the tenant pays off part of the arrears shortly before the hearing, this ground can no longer be proved and possession proceedings will have to be abandoned. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice.
Ground 10
Any amount of rent is in arrears at the date of service of the notice and remains unpaid on the date on which the proceedings for possession are begun.
Ground 11
The tenant has repeatedly failed to pay rent.
Ground 12
The Tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent).
Ground 13
The property has deteriorated due to neglect by the tenant or by someone living with him and the tenant has failed to remove that person.
Ground 14
The tenant or someone living with him has caused a nuisance to neighbours, visitors or others in the locality or has been convicted of using the property for immoral or illegal purposes or has been convicted of an indictable offence committed in the locality.
Ground 14A
The property is occupied by a couple and one of them has left due to violence or threats of violence from the other partner or from a member of that partner’s family who was living in the property also. This notice can only be used by a registered social landlord or a charitable housing trust. The tenant who has left must also be sent this notice.
Ground 15
The furniture has been ill-treated by the tenant or by someone living with him and the tenant has failed to remove that person.
Ground 17
The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant’s instigation.
Download
Here’s a copy of the Section 8.
Section 8 Form
Professional help
Regardless of what is writen in this article, or my entire website, I strongly recommend seeking professional advice before attempting to evict a tenant. Landlord law is an extremely complex area and each case can vary depending on circumstances.
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Talk / 42 Comments left so far
The Landlord wrote this on 2009-02-17 14:24:51
Hey Andi,
You need to serve a section 8 because your tenants are in breach of contract, consequently you're actually evicting them.
Serve your tenants a section 8, they'll have 14 days to respond. All the appropriate info is explained above, along with in another article, evicting tenants
Good luck, I wish you the best.
Kind regards
You need to serve a section 8 because your tenants are in breach of contract, consequently you're actually evicting them.
Serve your tenants a section 8, they'll have 14 days to respond. All the appropriate info is explained above, along with in another article, evicting tenants
Good luck, I wish you the best.
Kind regards
2
Krishna wrote this on 2009-07-07 13:04:16
We have issued a Sect 8 and Sect 21 notice to our tenants. They have until the 13th july to clear 3 months rent otherwise we will have to apply to the court. Just from the information above, I have only got Sect 8 on the grounds of rent not paid but they are also causing nuisance to the neighbours and I have two letters to back this up from the management company. Can I use this in court even though its not been mentioned on the Sect 8 notice or do I have to issue the notice again?
Also the tenant is now claiming Housing Benefit and I have written the letter to the council to pay us direct, does the court favour such tenants more?
Also the tenant is now claiming Housing Benefit and I have written the letter to the council to pay us direct, does the court favour such tenants more?
3
Jay wrote this on 2009-07-12 10:13:58
I have a tenant who has not paid rent and claims that they want the deposit to be used. This is not acceptable so what do i pursue with a section 8?
4
Howard Kent (Solicitor) wrote this on 2009-09-24 16:40:01
Whenever there is a dispute with a tenant and you are thinking about issuing proceedings for eviction it is always prudent to cover as many possible options in the notices that you serve.
Section 8 Notices
In the case of section 8 notices I would recommend you get them professionally drafted so as to avoid costly challenged based on a technicality which could invalidate any subsequent proceedings and land you with a bill for the tenant's and your own legal costs.
If the tenant, has for example, breached the tenancy by keeping a dog when this is prohibited then I would recommend issuing a Section 8 Notice on this ground as well as any rent arrears to as to maximise prospects of success.
I always recommend that a Section 21 Notice is served when you can give notice pursuant to the tenancy as if there is a dispute over the rent due, or other breach, you are almost guaranteed possession based on the Section 21 notice having expired.
For further information please contact me, Howard Kent Partner and Solicitor of Debenhams Ottaway, a specialist in landlord and tenant.
hk@dolegal.co.uk 01727 837161.
Section 8 Notices
In the case of section 8 notices I would recommend you get them professionally drafted so as to avoid costly challenged based on a technicality which could invalidate any subsequent proceedings and land you with a bill for the tenant's and your own legal costs.
If the tenant, has for example, breached the tenancy by keeping a dog when this is prohibited then I would recommend issuing a Section 8 Notice on this ground as well as any rent arrears to as to maximise prospects of success.
I always recommend that a Section 21 Notice is served when you can give notice pursuant to the tenancy as if there is a dispute over the rent due, or other breach, you are almost guaranteed possession based on the Section 21 notice having expired.
For further information please contact me, Howard Kent Partner and Solicitor of Debenhams Ottaway, a specialist in landlord and tenant.
hk@dolegal.co.uk 01727 837161.
5
donna Johansen wrote this on 2009-09-29 13:01:31
I have a bad tenent that owes me over two months rent and his tenency agreement is also coming to an end. I have been informed that recovering the rent arrears looks very doubtful and to add to this he is claiming housing benefit which i am now obtaining a on-going monthly rent from as his claim was sucessful, however when he first moved in he wasnt able to apply to claim housing benefit due to him not being awarded other benefits. Once he had sorted his issue out he did apply and got his on going claim granted however his claim for back date was refused as the benefits agency informed him he hadnt followed the correct procedures and timescales thus no back date given and him still owing rent. I dont understand if i wont get the rent arrears back from him why i should pay a fortune to proceed in that manner why not just complete the 21 and if he doesnt vacate just take him to court via a SPP or an APP? SUREY THIS WOULD BE A CHEAPER OPTION? please advice on the advice ive been given as it was a sales call from a firm who specialises in this feild.
6
Howard Kent (Solicitor) wrote this on 2009-09-30 08:22:59
If you are resigned to writing off any rent arrears owed by your tenant, then S 21 would be the cheaper option. S 8 is more useful where the tenancy still has a long time to run e.g where you have a defaulting tenant 3 months into a 12 months tenancy. Hope this helps
7
jaime Ramos wrote this on 2009-09-30 15:34:28
I have some tenants, their contract expired since january of 2008 , they never came to renew their contract and havent done so, they never pay there rent on time and they owe tgis months and last months rent, ive gotten tired of talking to them and i try to locate them at the home and they are never there, but there are like four other people living there, what should i do? if they are never there how can i serve them an eviction??should i go to the court? thank you
8
Howard Kent (Solicitor) wrote this on 2009-09-30 16:04:21
Don't demand or accept rent from anyone except the named tenant. T is in default with rent so you can serve a Section 8 notice at the last known address i.e the premises address but make sure you or someone else delivers the S 8 by hand. The section 8 can also specify a further breach by T namely unauthorised/unalawful sub-letting and/or parting with possession.
If you are not bothered about the rent you can hand deliver a Section 21 Notice but make sure you use the correct form of notice i.e the one for a periodic tenancy - it's also vital you give the correct period of notice, and if in doubt take legal advice
If you are not bothered about the rent you can hand deliver a Section 21 Notice but make sure you use the correct form of notice i.e the one for a periodic tenancy - it's also vital you give the correct period of notice, and if in doubt take legal advice
9
Will wrote this on 2009-10-26 14:01:27
I am relocating back to the UK and would like to go back to living in my flat that I am currently letting out. If I serve a section 8 on ground 1 and after 2 months it goes to court, I understand that the tenants will be ordered to give up possession, but are there any strings? Would I be liable for paying up the contract and how long will the judge give the tenants to leave? Thanks
10
SHARON wrote this on 2009-10-29 13:20:18
I have a tenant who is a week behind paying this months rent, she was also 2 weeks late paying last months and it was not the full amount, she will not answer my calls or the door when i know she is in the house, her shorthold 6month tenancy is up in november and i want her out then.
What should i do next? do i serve her with the S21 or S8?
Thank You.
What should i do next? do i serve her with the S21 or S8?
Thank You.
11
Jay wrote this on 2009-10-29 16:22:09
Hi Sharon
Your tenant does not seem to be 2 months in arrears therefore as far as I am aware sec 8 does not apply but i believe you can apply for a s21 order on grounds for possession. I am no expert but i know someone who is and i advise you take a look at LANDLORD ACTION.
Anyone in trouble should have a look there, Paul is one of the best in the business at getting rid of unwanted tenants as well as recovering costs
Your tenant does not seem to be 2 months in arrears therefore as far as I am aware sec 8 does not apply but i believe you can apply for a s21 order on grounds for possession. I am no expert but i know someone who is and i advise you take a look at LANDLORD ACTION.
Anyone in trouble should have a look there, Paul is one of the best in the business at getting rid of unwanted tenants as well as recovering costs
12
The Landlord wrote this on 2009-10-29 16:36:50
Hey Sharon,
You can't serve a section 8 because you have no grounds to evict her on. But you should serve a section 21 (notice to quit), then she'll have to leave at the end of 2 months. But hopefully she'll leave when the contract is up at the end of November without any fuss.
On a sidenote, I wouldn't go knocking on her door, as she can claim you're harressing her. You need to give your tenant 24 hours notice :)
Good luck!
You can't serve a section 8 because you have no grounds to evict her on. But you should serve a section 21 (notice to quit), then she'll have to leave at the end of 2 months. But hopefully she'll leave when the contract is up at the end of November without any fuss.
On a sidenote, I wouldn't go knocking on her door, as she can claim you're harressing her. You need to give your tenant 24 hours notice :)
Good luck!
13
Anne wrote this on 2009-11-09 18:16:49
My tenant has not paid last months rent and has not made any attempts to answer any of my calls, emails or tx. Also as I could not get hold of him and the neigbours have informed me that he has left I went to the property, it appeared empty his car was not in the drive and no lights on. When I entered his belonging as some of mine were gone, only a few things of no vaule left. Also my back door patio window had been broken and so badly damaged that the whole unit has to be replaced.
Also there is more damage to the inside of the property. I called the police who arrived me to secue my property as I could not say whom had caused the damaged. The police tracked him down at his work address and he admitted causing the damage.
He still insists he is my tenant how do I get rid of him before he does more damage to my property and cost me more money?
Please any advice gratefull, I am 15wks pregnant and I don't want to loose my baby because of this stress
Also there is more damage to the inside of the property. I called the police who arrived me to secue my property as I could not say whom had caused the damaged. The police tracked him down at his work address and he admitted causing the damage.
He still insists he is my tenant how do I get rid of him before he does more damage to my property and cost me more money?
Please any advice gratefull, I am 15wks pregnant and I don't want to loose my baby because of this stress
14
jools wrote this on 2009-11-09 20:09:09
Hey Anne,
sorry to hear this a****le is causing you problems.
Contact Landlord Action - they seem to be quite good at getting stuff like this sorted. never used them and dont know what they cost but it seems that it would be cheaper to let them deal with is as opposed to becoming ill over this idiot!
Hope it gets sorted.
Jools
sorry to hear this a****le is causing you problems.
Contact Landlord Action - they seem to be quite good at getting stuff like this sorted. never used them and dont know what they cost but it seems that it would be cheaper to let them deal with is as opposed to becoming ill over this idiot!
Hope it gets sorted.
Jools
15
Krishna wrote this on 2009-11-09 20:24:19
Hey Anne.
Sorry to hear that u have to go through this. I am also 20 Weeks pregnant and had to go through this. We used landlord action. They made few mistakes with our form so the whole thing got delayed. We isuued sect 8 notice on basis of rent not paid. But its def worth calling them n getting free advice..so u can be clear on what grounds to use to kick them out. Then use their advice n try a solicitor to get second opinion. All this shouldn't cost a thing. But just do ur research n be patient dear. Nothing n no one is worth u being upset over at this stage.
Krishna
Sorry to hear that u have to go through this. I am also 20 Weeks pregnant and had to go through this. We used landlord action. They made few mistakes with our form so the whole thing got delayed. We isuued sect 8 notice on basis of rent not paid. But its def worth calling them n getting free advice..so u can be clear on what grounds to use to kick them out. Then use their advice n try a solicitor to get second opinion. All this shouldn't cost a thing. But just do ur research n be patient dear. Nothing n no one is worth u being upset over at this stage.
Krishna
16
Christine wrote this on 2009-11-12 12:55:32
My tenants have left owing rent and a fine mess, I have been told that I should change the locks and place a notice on the door. Can anyone tell me the wording I should use?
17
Twattybollocks wrote this on 2009-11-12 13:20:57
Hi Christine,
have you issued the statutory notices yet ie either a section 21 or section 8.
If not you cant change the locks - you have no right to as it is not your house under the law pertaining to AST's.
You have to sure and I mean ABSOLUTELY SURE that the tenants have gone (or in legal terms - surrendered their tenancy) otherwise they can (and will) sue you for illegal eviction. Irrespective of whether the house is a mess you are not allowed in to do work untill you have been granted posession by the necessary authorities or statue. If they came back and found you in there working - they can (and will!) sue you for trespass.
TB
PS A please and thank you somewhere in your question whould have been nice!
have you issued the statutory notices yet ie either a section 21 or section 8.
If not you cant change the locks - you have no right to as it is not your house under the law pertaining to AST's.
You have to sure and I mean ABSOLUTELY SURE that the tenants have gone (or in legal terms - surrendered their tenancy) otherwise they can (and will) sue you for illegal eviction. Irrespective of whether the house is a mess you are not allowed in to do work untill you have been granted posession by the necessary authorities or statue. If they came back and found you in there working - they can (and will!) sue you for trespass.
TB
PS A please and thank you somewhere in your question whould have been nice!
18
ali wrote this on 2009-11-14 17:32:37
I have a tenant who has not paid rent and claims that they want the deposit to be used. This is not acceptable. which notice should i use section 8 or section 21?
19
Jools wrote this on 2009-11-14 21:44:24
@Ali - Frankly if you can't be bothered doing a google search on which section you should use then you should not be a landlord! For fucks sake there is plenty of info available - do some homework before you ask such stupid questions!
Jools
Jools
20
ali wrote this on 2009-11-14 23:27:57
@Ali thank you very much for your kind answer. some time u search a lot and end of the day u get confuse......I am at that stage if u can't help no problem
regards,
Ali
regards,
Ali
21
Tim wrote this on 2009-12-14 22:28:15
I have a tenant who is a friend and I have asked them to move out as we have a difference of opinion on how the house should be looked after.
This is my property and the contract is verbal with no signatures of a term, no deposit was taken and payment is made in cash as they do not want to pay through standing orders.
I have issued a letter of notice recently, but only posted this under their bedroom door.
I have been over considerate in the date I want them to move out as it is 2.5 weeks more than the 28 days notice period. Mainly due to keep the friendship going.
They have lived in my house for 1 year and 4 months and are choosing when they want to move out, regardless of it being my house and the date I have told them to go.
By the time they should move out they would owe me £600.
I have another residential address for them at their family house, can I use this at all to send a reminder for money and asking them to move out.
What can I use after the notice date is reached? Section 8 or 21?
This is my property and the contract is verbal with no signatures of a term, no deposit was taken and payment is made in cash as they do not want to pay through standing orders.
I have issued a letter of notice recently, but only posted this under their bedroom door.
I have been over considerate in the date I want them to move out as it is 2.5 weeks more than the 28 days notice period. Mainly due to keep the friendship going.
They have lived in my house for 1 year and 4 months and are choosing when they want to move out, regardless of it being my house and the date I have told them to go.
By the time they should move out they would owe me £600.
I have another residential address for them at their family house, can I use this at all to send a reminder for money and asking them to move out.
What can I use after the notice date is reached? Section 8 or 21?
22
stuart wrote this on 2009-12-16 09:40:11
i know a person that lives in a council place but spends most of his time at his parents place living there. most of the time it is empty and he is claiming housing benefit.
not sure whether to tell the council cos it is unfair on people that need a place to live.
not sure whether to tell the council cos it is unfair on people that need a place to live.
23
Jools wrote this on 2009-12-16 10:04:53
Of course you should Stuart - it's your civic duty! We are afterall paying for it in our taxes. Give them a benefit fraud appearance in court for a crimble pressie!!
Jools
Jools
24
Deena wrote this on 2009-12-22 21:26:29
My niece asked me if her boyfriend could rent my empty house as he was desparate for somewhere to go. a tennancy agreement 6months was done no bond paid as he was desparate and recently unemployed, i explained alot of work needed to be done at the property and i wasnt going to do it as the house is for sale.
Anyhow they have ripped out the carpets, not paid rent since august 5 months ago, wont answer calls door etc, the fraud squad was sent round as he was claiming benefits and had my niece living with him ( i called them)
wehave buyers for the house but my tennant wont bloody budge and even called the police on me for tresspassing what should i do?
Anyhow they have ripped out the carpets, not paid rent since august 5 months ago, wont answer calls door etc, the fraud squad was sent round as he was claiming benefits and had my niece living with him ( i called them)
wehave buyers for the house but my tennant wont bloody budge and even called the police on me for tresspassing what should i do?
25
Deena wrote this on 2009-12-22 21:28:25
PS iwasnt inside the property just knocking on the door so the buyers could do an AEG check
26
SHAZIDUR RAHMAN wrote this on 2010-01-25 02:03:17
hiya i have a property which i rented out back in 2007 the contract was for 1 year then at the end of the contract they wanted me to renew another 1 year which i did on the basis that if for any reason i need my property back they will leave within two months and if they wanted to leave they would give me a months notice atleast.so after the contract finished in the second year of renting it thats when i told them that i need my house back due to my financial issues.the contract finished on 11th nov 2009, i gave them until jan 11th 2010 to move out.they have been paying there rent on time if not earlier like 1 or 2 weeks earlier they were very good tenants but im going through a rough time.they are registered with birmingham city council for housing.but the council aint gona help them unless i give them a court order and they cant find a sutible house for there kids near the school.so i wonder if any 1 can help me.i dont know under which section shall i evict them they are willing to go.shall i apply for section21 or section 8.please help me
27
Darren wrote this on 2010-01-27 12:37:15
I have a bad tenant who constantly fails to pay rent on time and owes 2 months in arrears. i gave him a 2 months notice which wasnt an official document. now im sending him a section 8 and section 21 at the same time for a 2 wks notice based on several grounds hes failed on. does the section 21 still need to have 2 months notice on it when serving it with a section 8 with 2 weeks notice, or can i put the same date on both for the time i want him out?
28
Ebenezer wrote this on 2010-02-11 12:35:48
My tenant is two month rent in arrears and i have issued him with Sec.8. Should in case he refused to vacate the property and i decided to go to court how long do i have to wait before we are called for hearing.
Also is it possible for me to file his case immediately after issuing him with section 8 in order to avoid any delay at court. (my mortgage is already in two arrears)
Pls reply
Also is it possible for me to file his case immediately after issuing him with section 8 in order to avoid any delay at court. (my mortgage is already in two arrears)
Pls reply
29
sue wrote this on 2010-04-04 14:20:20
We served a tenant with a section 21 and they are due to leave in two weesk. They are possibly going to leave earlier than that,can we legally take the house back before the due date?
Thanks for any replies.
Thanks for any replies.
30
Deena wrote this on 2010-04-04 16:08:08
Sue
My section 21 is up 17th april 2010, there is no way that we can get the tennants out before my solicitor told me. i can go to my solicitors next week ( a week before) and say wether the tennants have moved out or not.
if the tennants have not moved then i will go to my solicitors and start court proceedings £175 i think it is which then we can claim half back when it goes in our favour which it will
you will have to take evidence with you for eg rent book, tennancy agreement and anything else were also claiming for carpets which they have taken out.
so the answer is sue that if they give you the keys before the end of the 2 weeks then yes
but ask for the leaving date in a letter signed by them then the buggers wont get you done for trespassing
My section 21 is up 17th april 2010, there is no way that we can get the tennants out before my solicitor told me. i can go to my solicitors next week ( a week before) and say wether the tennants have moved out or not.
if the tennants have not moved then i will go to my solicitors and start court proceedings £175 i think it is which then we can claim half back when it goes in our favour which it will
you will have to take evidence with you for eg rent book, tennancy agreement and anything else were also claiming for carpets which they have taken out.
so the answer is sue that if they give you the keys before the end of the 2 weeks then yes
but ask for the leaving date in a letter signed by them then the buggers wont get you done for trespassing
31
sue wrote this on 2010-04-04 19:41:32
Thanks Deena. Apparently they have started moving their stuff out and will be back to clean on Tuesday, it'll take them a week to clean it!!! Does anyone ever have good tenants? Why is everything skewed in the tenant's favour?
32
Claire Lowe wrote this on 2010-04-16 12:08:32
In regards to a section 8 notice...
If a section 8 gets served to a tenant and they then pay in full within the 14 day notice period….. do I have to serve ANOTHER section 8 if they fall into 2 months arrears later into the tenancy or can I rely on the fact that they’ve already been served their notice previsouly?
AND, does a section 8 have to be dated in line with the tenancy like a Section 21 or can it be dated on the day it is sent regardless of when it is sent???
Thanks
If a section 8 gets served to a tenant and they then pay in full within the 14 day notice period….. do I have to serve ANOTHER section 8 if they fall into 2 months arrears later into the tenancy or can I rely on the fact that they’ve already been served their notice previsouly?
AND, does a section 8 have to be dated in line with the tenancy like a Section 21 or can it be dated on the day it is sent regardless of when it is sent???
Thanks
33
Dan wrote this on 2010-05-03 14:45:05
Hi
I have a women in my house who was commiting benefit fraud as her boyfriend moved in and now her benefitts have been stopped. The lease agreement run out last month and the agreement isn't even in her name; it's in her last boyfriends name (he left six months ago and left her in there) i said she could stay if she paid a deposit; but that never happened. Is there grounds to re enter the property?
I have a women in my house who was commiting benefit fraud as her boyfriend moved in and now her benefitts have been stopped. The lease agreement run out last month and the agreement isn't even in her name; it's in her last boyfriends name (he left six months ago and left her in there) i said she could stay if she paid a deposit; but that never happened. Is there grounds to re enter the property?
34
sarah wrote this on 2010-05-12 09:46:14
Hi I have 2 new tennants in my property, they have a 6 month assured tennancy agreement, one of them is claiming benefits and has informed the benefits agency that she is living at the house alone. The contract states that the rent needs to be paid on the 1st of every month, both tennants have not paid their rent and cut my calls or dont answer the phone. I called the agent who told me they didnt want to pay the rent that they had been paid from the social. I have also been trying to get a window fixed that wont open as it's a fire hazzard, I have sent repair men to fix the window but as the tenants never called me back I couldnt let them know. The builder couldnt get in so the window remains a fire risk problem. I have tried to call them to arrange a time but they never call back. I have been in touch with the agent who has said he believes the girls have spent the rent money, I have had to use their deposit to cover this months rent. I do however have a document that they signed at the time of the tenancy stating that any failure to pay would result in them leaving after a months non payment, would this be considered an agreement of disillusion? I feel i will have a continued problem with these tenants and want them out,
thanks
thanks
35
Azhar wrote this on 2010-05-18 13:59:17
I have a tennant who has overstayed beyond his tennacy agreement and is also over 6 months rent arrears. I previous gave a section 21 notice however his solicitor has challenged me because my agent took the deposit and didnt put in a deposit scheme. I have a court hearing soon. The tennant is not only in arrears but grounds 12, 13 and 14. Do I have a chance in the hearing or is it best a serve a Section 8 notice?
36
Chris wrote this on 2010-06-11 11:13:31
Hi
There are 3 of us Living in a rented house.
We were told over the phone last night that we have to leave as the house is unsafe to live in but given 2 months to move.
We know there are lots of problems with the house as weve been phoning our management company every week, more than once most weeks, for 7 months.
We still have 5 months left on our agreement.
They have offered us our deposit back, but i feel we are entitled to some compenating due to inconvienence.
We have to sort out all our 12 month contracts etc and the hassle of finding somewhere else with credit checks etc.
I feel we have been excellent landlords, paid every month on time. etc and looked after the house.
Is there anything we can do.
Please help. Desperate!!!!
There are 3 of us Living in a rented house.
We were told over the phone last night that we have to leave as the house is unsafe to live in but given 2 months to move.
We know there are lots of problems with the house as weve been phoning our management company every week, more than once most weeks, for 7 months.
We still have 5 months left on our agreement.
They have offered us our deposit back, but i feel we are entitled to some compenating due to inconvienence.
We have to sort out all our 12 month contracts etc and the hassle of finding somewhere else with credit checks etc.
I feel we have been excellent landlords, paid every month on time. etc and looked after the house.
Is there anything we can do.
Please help. Desperate!!!!
37
Jools wrote this on 2010-06-11 12:31:05
Chris,
from what I have read they canb not do this. For a start they must give written notice. Also If the contract is an AST they cannot simply evict you without compensation. They are as tied into the contract as you.
from what I have read they canb not do this. For a start they must give written notice. Also If the contract is an AST they cannot simply evict you without compensation. They are as tied into the contract as you.
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Jools wrote this on 2010-06-11 12:34:41
Continued............
Contact the letting agent and say you require proper notice. What is wrong with the property? Why is it unsafe? If it is unsafe someone is going to be liable and you may be able to seek compensation. If the property is unsafe it is upto the landlord to fix it or provide you with alternative accomodation untill it is safe or for the duration of your contract.
They simply cannot just ask you to move out. Can you let us have more details?
Jools
Contact the letting agent and say you require proper notice. What is wrong with the property? Why is it unsafe? If it is unsafe someone is going to be liable and you may be able to seek compensation. If the property is unsafe it is upto the landlord to fix it or provide you with alternative accomodation untill it is safe or for the duration of your contract.
They simply cannot just ask you to move out. Can you let us have more details?
Jools
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Chris wrote this on 2010-06-11 12:43:02
God where to start.
There is severe damp (freshly painted walls hidden this when we moved in)
Rotten floorboards (they ripped up on about a month ago and its still like it)
Plaster on the ceilings is shot
Live wires on the fuse box
Cooker NEVER worked
Water (flooded) in the cellar with live wires we were informed a month ago!
Pipes for washer flowing in the wrong direction
Windows without keys
Condensation in double glazing windows
Blown lightbulbs, when replaced new ones wont work, resulting in no lights in the entire hallway (up and down)
Electric shocks from plugs!
Garden severly overgrown
It goes on and on
They were informed of all of these the week after we moved in and they havnt done nothing about it.
There is severe damp (freshly painted walls hidden this when we moved in)
Rotten floorboards (they ripped up on about a month ago and its still like it)
Plaster on the ceilings is shot
Live wires on the fuse box
Cooker NEVER worked
Water (flooded) in the cellar with live wires we were informed a month ago!
Pipes for washer flowing in the wrong direction
Windows without keys
Condensation in double glazing windows
Blown lightbulbs, when replaced new ones wont work, resulting in no lights in the entire hallway (up and down)
Electric shocks from plugs!
Garden severly overgrown
It goes on and on
They were informed of all of these the week after we moved in and they havnt done nothing about it.
40
Chris wrote this on 2010-06-11 12:44:31
Whats an AST?
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Linda wrote this on 2010-07-13 23:49:40
Hi there
I need some help. I have been renting my house out for the last 17 months and due to circumstances beyond on control i need to move back into my house.My ex renewed their contract without letting me know about this. Can anyone help or advise me on the best way to go about this please....
I urgently need to get back into the house
Thanks in advance
Linda
I need some help. I have been renting my house out for the last 17 months and due to circumstances beyond on control i need to move back into my house.My ex renewed their contract without letting me know about this. Can anyone help or advise me on the best way to go about this please....
I urgently need to get back into the house
Thanks in advance
Linda
42
Please leave a comment
I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.
I am now pregnant and although we have been staying with my partner's parents, there is no space in their house for the baby and we therefore need the property that we have rented out back as we have no where else to live and will be homeless ourselves. The baby is due in May 2009.
We have been dealing with a letting agent who verbally served notice to the tenants on 5 January 2009. We have not received any copies of paperwork relating to the eviction despite asking for them.
Should we use section 8 or 21 and how do we go about dealing with this?
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