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Section 8 issued - advice please


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I rent a house from a private landlord and have done so for 3 years or so. We did have a good relationship until recently when she informed me she wants to sell the property. She asked me if the rent was up to date and I said it was as far as I was aware. I have now been issued with a section 8 notice out of the blue, stating rent arrears as the reason, but the arrears are from January and March this year and it is the first I knew of this.

 

Additionally, there was no tenancy agreement in place for that period. I had an AST for the first year, when that expired a new one was not put in place (we had a relaxed landlord/tenant relationship) until a couple of months ago when a new one was issued.

 

My questions are, should I have been formally advised of the arrears before a section 8 was issued? Does it make any difference that no tenancy agreement was in place for the period when the arrears have occurred?

 

Thank you for your help.

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Hi and Welcome to CAG

 

So have you checked that Jan & Mar were paid ?

 

Regards

 

Andy

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Having looked back there are arrears from that period, I had missed these myself. Obviously an error on my part and would seek to pay if I can, but seems rather unfair that have only just been brought to my attention and in an abrupt way with section 8 out of the blue.

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I agree some form of warning or pre action protocol should have been forth coming...still if you owe them pay them and complete the form as paid and return it...

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The grounds for the section 8 is rent arrears I understand and the main reason for serving the notice.

 

Read the following

 

https://www.tenancyagreementservice.co.uk/section-8-notice-to-quit

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So am.i right in understanding that you are/were two months in arrears?

If so why is it a shock that the landlord wants you out.

The landlord feels that now your unsuitable as a Tennant and does not want to.put themselves in a position that your arrears may run into thousands ( potentially)

Its not the LL fault you cannot find all of the money. The LL might be robbing peter to pay Paul on mortgage payments, paying this months mortgage on a credit card because you have not paid your rent.

You cannot visit your problems on someone else.

You can either get into talks with your landlord saying can you catch up on the two months arrears in the next two or three months by overpaying from 33%-50%. If the LL says no then quit the property. Its not a LL responsibility to fund tennants that cant pay, live outside their means or for any other reason.

I'm sorry if that's harsh but its the truth

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So am.i right in understanding that you are/were two months in arrears?

If so why is it a shock that the landlord wants you out.

The landlord feels that now your unsuitable as a Tennant and does not want to.put themselves in a position that your arrears may run into thousands ( potentially)

Its not the LL fault you cannot find all of the money. The LL might be robbing peter to pay Paul on mortgage payments, paying this months mortgage on a credit card because you have not paid your rent.

You cannot visit your problems on someone else.

You can either get into talks with your landlord saying can you catch up on the two months arrears in the next two or three months by overpaying from 33%-50%. If the LL says no then quit the property. Its not a LL responsibility to fund tennants that cant pay, live outside their means or for any other reason.

I'm sorry if that's harsh but its the truth

 

Think you need to reread post 1 again...this is not just about 2 months rent arrears ...they are after possession to sell the property.

 

Andy

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I was not aware of the arrears and they have come as a shock, as explained in my original post this has only been brought to my attention with the issuing of a section 8 notice shortly after being told she wants to sell the property.

 

I have also now realised that my deposit has not been protected. Does this affect matters at all?

Edited by PartridgeMan
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In post 3 by the OP they state they missed these two payments. So a section 8 can be issued. Just because the LL wants to sell is now immaterial.

Maybe the LL needs to release assets to keep their head above water and not have the property repossessed.

Maybe the LL has found a quick way to evict the Tennant.

Maybe the LL is spiteful.

 

It does not matter now its established that the Tennant has missed two payments and a section 8 can be issued.

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If you read the link I provided Partridge..there are many errors in the way the section 8 has been served and process not followed.

 

Section 8 gives a mandatory possession order where the arrears are more than two months’ rent. If the tenant’s claim in court does not bring the arrears below 2 months then you should be prepared to point out that a mandatory possession order must be made. In the meantime it might be prudent for the LL to pursue an s21 possession route.

 

Further information

 

http://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/

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I rent a house from a private landlord and have done so for 3 years or so. We did have a good relationship until recently when she informed me she wants to sell the property. She asked me if the rent was up to date and I said it was as far as I was aware. I have now been issued with a section 8 notice out of the blue, stating rent arrears as the reason, but the arrears are from January and March this year and it is the first I knew of this.

Additionally, there was no tenancy agreement in place for that period. I had an AST for the first year, when that expired a new one was not put in place (we had a relaxed landlord/tenant relationship) until a couple of months ago when a new one was issued.

 

My questions are, should I have been formally advised of the arrears before a section 8 was issued? Does it make any difference that no tenancy agreement was in place for the period when the arrears have occurred?

 

Thank you for your help.

 

I was not aware of the arrears and they have come as a shock, as explained in my original post this has only been brought to my attention with the issuing of a section 8 notice shortly after being told she wants to sell the property.

 

I have also now realised that my deposit has not been protected. Does this affect matters at all?

 

You should be aware and checking your rent is paid and on time.

 

So how do you pay your rent then ?

 

DD, SO, Cheque or something else

 

I pay my rent by standing order and check my bank account every 4 weeks making sure the SO goes out...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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The lack of a new contract is irrelevant. When a fixed term of an AST ends without a new one being agreed, the tenancy becomes "periodic" - you can leave with one month's notice. The landlord can issue a Section 21 notice with 2 months' notice.

 

The Section 21 procedure is generally regarded as the easier method of evicting people than the Section 8.

 

However, in this case, the deposit has not been protected. A landlord cannot use a Section 21 if the deposit is unprotected.

 

You have several options depending on the situation. Some examples:

 

1. Get the rent arrears down to below two months in the hope that this prevents the eviction order. If this succeeds then the landlady will be forced to protect your deposit and then issue a Section 21. This would give you several more months in the property and you still have the right to sue for her failure to protect the deposit.

 

2. Point out that the failure to protect the deposit means that the landlady is liable to a fine of between one and three times the size of the deposit. Use this fact as leverage to negotiate a leaving date that takes into account the arrears. e.g. you leave in a couple of months and they keep the deposit. You don't pay the arrears and you don't sue them for failing to protect the deposit.

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