Section 8 Notice To Quit

[cassa333]

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

[themas]

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.

[cassa333]

Section 8 seems to have done the job!!

Call from the tenant today and she is eager to pay the arrears.

Lets hope that translates to actual payment :)

[bednobs]

odd ... if she can afford to pay, why didn't she? If she can't afford to pay; why arrange to pay it?

[cassa333]

She has made noises along the lines of paying in instalments.

Better than nothing but she will get a big shock when I say that £25 a month isn't going to do it. It would take her over 4 years to pay it off at that rate and with the best will in the world I am not an interest free loan bank!!

[Peter Pedant]

not that odd Bednobs.... some people think rent is payable to the landlord only if the landord has been 'good' that month.

others pay rent when they have money spare.

Incredible but true

[Peter Pedant]

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