Is Section 21 still valid? I have a tenant 4 months in arrears, served a section 21 last month. Im trying to serve a section 8 but not sure how to fill out form. . I have downloaded the current one from March to Sept 2020..
Is this the grounds for unpaid rent: Ground 10 Some rent lawfully due from the tenant— (a)is unpaid on the date on which the proceedings for possession are begun; and (b)except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
What is the correct wording for the explanation section?
If you are a BLA member, then you can download a section 8 which is partly completed. Should you be unsure on any part of the documents you can speak to a BLA lawyer directly, free of charge. Good luck
- Your landlord/licensor* intends to seek possession on ground(s) 8, 10, & 11 in Schedule 2 to the Housing Act 1988, as amended by the Housing Act 1996, which read(s):
Ground 8: both at the date of the service of the notice under section 8 of this act relating to the proceedings for possession and at the date of the hearing –
(a) if rent is payable weekly or fortnightly, at least eight weeks rent is unpaid;
(b) if rent is payable monthly, at least two months’ rent is unpaid;
(c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
(d) if rent is payable yearly, at least three months rent is more than three months in arrears;
And for the purpose of this ground “rent means rent lawfully due from the tenant.
Ground 10: Some rent lawfully due from the tenant –
(a) is unpaid on the date on which the proceedings for possession are begun; and
(b) Except where subsection (1) (b) of section 8 of this act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
The above text is under section 3 for a section 8 notice.
For section 4 of the section 8 notice the text as an example is:
- Give a full explanation of why each ground is being relied on:
Ground 8: The tenant(s) have failed to pay the rent as and when it falls due. The rent outstanding is now £
Ground 10: The tenant(s) have failed to pay the rent as and when it falls due. The rent outstanding is now £
Ground 11: The tenant(s) have failed to pay the rent as and when it falls due. The rent outstanding is now £
@Nigel Currently, under Covid temporary legislation, a Section 8 notice can only be proceeded under ground 8 rent arrears. Your rent arrears need to be more than 25% of landlord\\’s normal income. Your judge was correct, you needed extra information. Have a rent schedule in the format specified by the PCOL online process. It does not sound like you used PCOL online which requires this extra information. If you used an agent or lawyer (£2000 ?), dump them, because they should have known about the lastest laws; ask for a refund and complain to legal ombudsman for a refund. Counsel cannot have the rent statement, it needed to have been submitted in PCOL online. Possession cases typically last 5 minutes so a very short skeleton might be required but the £325 PCOL online ensures the required data has been submitted. Submit another Section 8 correctly ground 8 (& other grounds but only 8 at hearing) then wait for covid timeout. Send letter to tenant to says they will get CCJ then won\\’t be able to rent in private sector in the future. If your tenant is DWP then kiss the rent arrears goodbye.
I am going to sue Universal Credit & the Home Secretary for allowing housing benefit to be managed by benefit claimants. The system merely serves to penalise the private landlord sector so that LHA can reduce their housing budget.
I wish to invite private sector (not social housing landlords) to me submit PCOL awards or other firm confirmation of rent arrears with DWP tenants in order to support a test case precedent?