Section 8

[dccantona]

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court. In general I have not received a new tenancy agreement from the landlord and have requested one.

However as I have withheld my rent until this matter was resolved they have decided to go to court.

Basic info 1 year AST signed Aug 2013 with old landlord for 1 year.

February 2014 property sold to investment company who refused a new contract but kept the old 1 in place.

Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord.

Dec 2014 N5 form received from county court. Court date Jan 2015.

However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name.

Secondly they are relying in their defence on 2013 AST which clearly states old LL.

Therefore if the address is wrong & they are relying on the old contract I wish to get the hearing set aside as I have read the Section 8 has to be exact. They also claim that solicitor letter was sent in December & I signed for which I did not. How could a possession order if granted be issued to a wrong address? Instead of saying 9a they have put 91.

How do I go about getting this hearing set aside. Is there a prescribed form I need or just go to the court before Xmas & ask the judge to set aside the hearing & throw out the case. Thanks

[Steve__M]

To get the hearing set aside you'd have to admit that you've received the papers. So it doesn't make sense does it?

 

If you think the papers are wrong and need to be right then you could defend that at the hearing, couldn't you?

 

Have you withheld all of the rent, or just some of the rent relating to the rent rise?

[Lea_HTH]

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court. In general I have not received a new tenancy agreement from the landlord and have requested one.

However as I have withheld my rent until this matter was resolved they have decided to go to court.

Basic info 1 year AST signed Aug 2013 with old landlord for 1 year.

February 2014 property sold to investment company who refused a new contract but kept the old 1 in place.

Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord.

Dec 2014 N5 form received from county court. Court date Jan 2015.

However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name.

Secondly they are relying in their defence on 2013 AST which clearly states old LL.

Therefore if the address is wrong & they are relying on the old contract I wish to get the hearing set aside as I have read the Section 8 has to be exact. They also claim that solicitor letter was sent in December & I signed for which I did not. How could a possession order if granted be issued to a wrong address? Instead of saying 9a they have put 91.

How do I go about getting this hearing set aside. Is there a prescribed form I need or just go to the court before Xmas & ask the judge to set aside the hearing & throw out the case. Thanks

 

The hearing hasn't taken place, so you can't get anything set aside - that is for judgments.

 

What you can do is go to court and present your 'defence'.

 

However, you will have some difficulty in persuading a court that the s8 isn't valid. I am presuming you are more than two months in arrears and the s8 refers to ground 8? If yes, the order will be mandatory - and the judge has the power to dispense with the service of the s8 notice if they feel doing so is just (level of the arrears often dictates this). Therefore, whatever you read regarding the s8 having to be 'exact' is not correct as the judge has the power to dispense with it in its entirety.

 

Your only arguable point, from what you have written, is that the address on the papers is incorrect - which means that when the LL has to prove in court that the property is his, he will struggle as his proof will have a different address on it. But that will require a mere adjournment whereby he will be allowed to amend the paperwork, and all else being in order, the mandatory order will follow. At best such an argument will delay the process by a couple of weeks.

 

The LL is not obliged to give you a new contract if they don't want to - that is not an arguable point and it is not a reason, in law, to stop paying rent which is lawfully due (you've said nothing that indicates it is not due).

[45002]

Whilst in protracted conversation with landlord I have been served with a Section 8 notice from the court. In general I have not received a new tenancy agreement from the landlord and have requested one.

However as I have withheld my rent until this matter was resolved they have decided to go to court.

Basic info 1 year AST signed Aug 2013 with old landlord for 1 year.

February 2014 property sold to investment company who refused a new contract but kept the old 1 in place.

Aug 2014 memorandum of renewal issued for rent increase with only 5 days notice against Aug 2013 AST which was signed with old landlord.

Dec 2014 N5 form received from county court. Court date Jan 2015.

However N5 form sent/checked by CC has wrong first line of address;only received because posty new my name.

Secondly they are relying in their defence on 2013 AST which clearly states old LL.

Therefore if the address is wrong & they are relying on the old contract I wish to get the hearing set aside as I have read the Section 8 has to be exact. They also claim that solicitor letter was sent in December & I signed for which I did not. How could a possession order if granted be issued to a wrong address? Instead of saying 9a they have put 91.

How do I go about getting this hearing set aside. Is there a prescribed form I need or just go to the court before Xmas & ask the judge to set aside the hearing & throw out the case. Thanks

 

OP Previous posts http://www.consumeractiongroup.co.uk/forum/showthread.php?436051-New-Landlord-using-old-tenancy-agreement.

 

For Reference http://forums.moneysavingexpert.com/showthread.php?t=5136318

[camptownraces]

dccantona

 

As lea_HTH said. Thanks also to 45002.

 

It is difficult to advise you if you can't or won't give answers to the questions which people asked you over a month ago.

 

Please answer:

 

1 We presume you paid rent until August 2014. Is that correct?

 

2 What was your original rent? What was the new rent proposed, albeit at only 5 days notice, by your new landlord?

 

3 Have you paid any rent since August 2014? if so, was this at the old rate as agreed in your original agreement with your original landlord?

 

3 If the answer to the second part of question 2 is "no", how much rent have you paid since August 2014?

 

As stated many times before, the court can rely on your original agreement with your old landlord, provided that your new landlord has informed you that he has taken over the property and that there is an address at which you can contact your new landlord.

 

Please don't waste any more of people's time - answer the questions.

[dccantona]

In response the situation has changed as court papers have been issued. The answer to the questions are this

 

1 We presume you paid rent until August 2014. Is that correct? Yes

 

2 What was your original rent? What was the new rent proposed, albeit at only 5 days notice, by your new landlord? £850 to £901

 

3 Have you paid any rent since August 2014? if so, was this at the old rate as agreed in your original agreement with your original landlord? NO

 

3 If the answer to the second part of question 2 is "no", how much rent have you paid since August 2014? None

 

As stated many times before, the court can rely on your original agreement with your old landlord, provided that your new landlord has informed you that he has taken over the property and that there is an address at which you can contact your new landlord.

 

I was made aware that there was a new landlord but does anyone know specific contract law & examples that states a contract between 2 parties can be transferred over to a 3rd party without an agreement? If this is allowed where does it state this?

 

There has been an ongoing dispute with one of their tenants & state of the place which has never been resolved; but they have seen fit to serve papers without dealing with this. Against their own policy guide and their association- UKALA.

 

The property 's gas certificate was late 2 months last year and 3 weeks so far this year + rising damp in the bedroom. Anyone know protocol housing disrepair.

 

So these issues have been raised & there answer is to go to court. What I wanted to know was that if I write to the court beforehand can I get the adjournment -thx LeaHTH so that I have more time to prepare for the case rather than 4 weeks. Also in their evidence they state a solicitor's letter was sent beginning of December but of course it had the wrong address but the post office have a signature to say I signed for it ?! Which I didn't.

[Steve__M]

Some of your questions have already received answers in previous threads.

 

Personally, I think you have followed the wrong track in withholding all your rent.

 

There is a procedure to follow in cases of disrepair. See the sticky thread:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?74057-Disrepairs-in-privately-rented-accommodation

 

Assuming you are being evicted for failure to pay rent, disrepair issues won't be a defence. Looking for loopholes is evading the real issue which is the disrepair you are suffering, and the rent rise which according to what you say doesn't seem to have followed the correct procedure.