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How to fill out Section 8 correctly?

LANDLORD FORUMCategory: EvictionHow to fill out Section 8 correctly?
Margaret Crossin asked 9 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?

Lisa Shulver replied 9 months ago

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 Are they no longer valid?

Lisa Shulver replied 9 months ago

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 Are they no longer valid?

Margaret Crossin replied 9 months ago

I am a member, where are the links?

1 Answers
Marc Attwater Staff answered 9 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

Nigel Claridge replied 2 days 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.

Rami Bekhit replied 1 week 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?

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