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How to fill out Section 8 correctly?

LANDLORD FORUMCategory: EvictionHow to fill out Section 8 correctly?
How to fill out Section 8 correctly? 1Margaret Crossin asked 11 months ago

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?

How to fill out Section 8 correctly? 2Lisa Shulver
replied 10 months ago

Can I ask why you are not relying on the section 21? Are they no longer valid?

How to fill out Section 8 correctly? 2Lisa Shulver
replied 10 months ago

Can I ask why you are not relying on the section 21? Are they no longer valid?

How to fill out Section 8 correctly? 2Margaret Crossin
replied 11 months ago

I am a member, where are the links?

3 Answers
How to fill out Section 8 correctly? 1Marc Attwater Staff answered 11 months ago

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

How to fill out Section 8 correctly? 2Nigel Claridge
replied 2 months ago

I would be interested in anyones comments regarding my recent experience at a Section 8 Form 3 court hearing for excessive rent arrears. The section 8 was given to the tenants in Novemeber 2019 so eight weeks term before court proceedings was given and the tenants signed ‘as received’.
The Judge would not hear the case against the Tenant because there was not enough information on the section 8 and it should have stated the actual dates and amount of rent and an arrears figure but it is my understanding that the standard text should only read: ”Both at the date of the service of the notice under section 8 of this Act: b) if rent is payable monthly, at least two months rent is unpaid.” which is what was on the document?
Under ‘Give a full explanation of why each ground is being relied upon etc, the The AST start date, address and notation of the tenants defaulting with arrears over two months was given.
The case lasted 3 minutes and was not heard at all and at this point I am almost a years rent out of pocket plus £2000 in fees. My council had a full rent statement and supporting documents but the Judge just shut him up. its like its any excuse to keep the tenant in the property.

How to fill out Section 8 correctly? 2Rami Bekhit
replied 2 months ago

I have just come out of court for final hearing following PCOL. I had issued a Section 8 on grounds 8,10,11. The judge persisted in asking me which grounds I was relying upon today. I smelt a rat. I stated “Grounds 8 rent arrears”. The judge commented [to deputy judge in training] that ‘Ground 8 was the only statutory ground which we could proceed with today. This may be due to Covid but nevertheless important to note for the self-represented landlord.

My tenant was DWP on this stupid Universal Credit idea that tenants can pay the rent themselves whereas they are only capable of going on a drugs spree, invest in crime or spend on luxuries. So despite being awarded a full money order including next month’s rent and court fees, I am unlikely to receive any rent arrears. I intend to pursue the LHA for the rent arrears for the publicity, because the Universal Credit scheme is unworkable.

The LHA favoured the tenant and slapped an improvement notice on with £4000 worth of ‘estimated’ insulation at a cost of £40,000 (10x times) because they ‘can only use one council tied contractor & that’s what they charge’. I suspect this Cornwall Council & likely others are ‘encouraged’ to ‘obtain’ private landlord’s housing for LHA tenants.

Private landlords should NEVER rent to DWP. If the landlord applies to UC for rent+arrears direct, then rent arrears are paid back at a maximum of £40 odd p.m. whilst less than leased rent will be paid.

Typically, these ‘professional’ DWP tenants will raise false narrative allegations such as harassment which the LHA will treat as factual. Its a mess. Who is John Galt?

How to fill out Section 8 correctly? 1Rami Bekhit answered 1 month ago

@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.

How to fill out Section 8 correctly? 2Nigel Claridge
replied 1 month ago

Hi Rami,
Thanks for your comments. I issued the section 8 myself before taking on the Solicitor. There were minor details missing and my Council said another Judge would probably had let it go. I can only kick myself as i’ve been a professional Landlord for a long time but tend to think they are looking for any excuse to keep tenants in the property. To give an idea, I issued the section 8 in November 2019 and its taken this long to get a hearing. The case really should of been heard as the tenants surrendered the tenancy at that time of the section 8 but one left and the other wouldn’t leave. I have a statement of fact from the tenants above with young children that they are dealing from the flat below and those tenants changed the locks last year, have not provided a key, (we know they can) and they have pu cameras up front and rear. I already have two CCJ’s against them and have my own bailiffs calling but cannot enter. Police have been their but do not seem to be interested. Great support all round. Other Landlords be warned!

How to fill out Section 8 correctly? 1Rami Bekhit answered 1 month ago

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?

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