Quizzes & Puzzles0 min ago
Section 8 Notice To Quit
Hi,
I have sent my tenant a section 8 notice to quit due to rent arrears of two months.
I have sent it registered (or recorded) but she has to sign for it anyway and I can track where it is and when she signs for it. What happens if she isn't in when they try to deliver it and she doesn't go and get it from the post office?
Will the notice still be valid if she doesn't collect it at all or if she collects it later than the notice gives?
Assuming she does get it and that doesn't then give her a kick up the backside to pay it (I sent a cover letter with it offering to talk about it) but she still doesn't pay, What do we do next? Which court do we have to use to get her out?
Thanks
I have sent my tenant a section 8 notice to quit due to rent arrears of two months.
I have sent it registered (or recorded) but she has to sign for it anyway and I can track where it is and when she signs for it. What happens if she isn't in when they try to deliver it and she doesn't go and get it from the post office?
Will the notice still be valid if she doesn't collect it at all or if she collects it later than the notice gives?
Assuming she does get it and that doesn't then give her a kick up the backside to pay it (I sent a cover letter with it offering to talk about it) but she still doesn't pay, What do we do next? Which court do we have to use to get her out?
Thanks
Answers
Best Answer
No best answer has yet been selected by cassa333. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.There are rules on service - I suggest you ask your local County Court to explain.
You mention Section 8. I assume you are referring to a notice seeking possession on Ground 8 (mandatory claim for possession due to 2 months rent arrears). I'm not sure how important the wording of your notice is - again, the Court office may be able to advise.
If she doesn't pay or leave you have to issue another Court document which can lead to a hearing in the local County Court (or the one local to your tenant if that is different & the tenant asks for the case to be heard locally). If the tenant does not respond at all the Court will make an eviction order without a hearing. But the tenant may still not leave & you have to go back to Court for enforcement action (bailiffs).
Note that if the rent arrears which you specify in your claim are paid at any time up to & including the day of the hearing then the claim fails.
You mention Section 8. I assume you are referring to a notice seeking possession on Ground 8 (mandatory claim for possession due to 2 months rent arrears). I'm not sure how important the wording of your notice is - again, the Court office may be able to advise.
If she doesn't pay or leave you have to issue another Court document which can lead to a hearing in the local County Court (or the one local to your tenant if that is different & the tenant asks for the case to be heard locally). If the tenant does not respond at all the Court will make an eviction order without a hearing. But the tenant may still not leave & you have to go back to Court for enforcement action (bailiffs).
Note that if the rent arrears which you specify in your claim are paid at any time up to & including the day of the hearing then the claim fails.
and the bad news cassa..... shhhh ... service by recorded delivery is only valid if it is specifically a clause in the lease. Devenor v someone I think
getting her out
this is the third time you have posted on this by the way
you do by PCOL
possession claims on line.
this is quick and easy to use
remembering in the statement of claim box, you must state
I am claiming possession on ground 8
I was told by the council defending a not very meritorious defendant
'If you had given a six month lease, you would not be in this position, Peter'
(because then you can get them out at the end of the lease without any discretion)
Good Luck
getting her out
this is the third time you have posted on this by the way
you do by PCOL
possession claims on line.
this is quick and easy to use
remembering in the statement of claim box, you must state
I am claiming possession on ground 8
I was told by the council defending a not very meritorious defendant
'If you had given a six month lease, you would not be in this position, Peter'
(because then you can get them out at the end of the lease without any discretion)
Good Luck