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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice.
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Hello Ive just issued a section 8 notice of possession

Resolved Question:

Hello

I've just issued a section 8 notice of possession on the tenants of my rental property. I've used Ground 8 - rent arrears of two months of more. I've also filed a PCOL claim but I think I needed to wait 14 days before I did this.

Should I withdraw my PCOL claim and reinstate it in 14 days time or do I just amend my claim online?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you served a S21 notice and if so when please?
Customer: replied 3 years ago.

No, I've not served s.21.


 


The tenant moved in on 15 October 2013 (rent payable in advance on the 15th of each month). They paid again on 15 November but not on 15 December, January or February.


 


My understanding is you can't serve s.21 in first six months of a tenancy but you can serve s.8.


 


I've used the correct s.8 notice of possession form but my concern is that not waiting 14 days to start the PCOL may harm my case in court.


 


I also have grounds for s.14 (anti-social behaviour) but don't want to use these unless necessary to prevent aggro for their neighbours (who have provided me evidence).

Expert:  Remus2004 replied 3 years ago.
Thanks.

You can serve a S21 notice at any time and, in fact, you should always do it in the early part of an AST because it saves doing it later when you've discovered too late that your tenant is a bad one.

What a S21 notice cannot do though is seek to end an AST any earlier than the end date.

You can rely on them for up to 12 months though so its a good idea to serve on early and then you don't need to use it if they are good tenants but its done if they are bad tenants.

There's no way around the fact that you didn't let notice expire on a S8 though and you haven't served a S21 notice to rely upon. Unfortunately that will mean your application is doomed to failure so you should really withdraw and begin the action again. There's no other way of saving this I'm afraid.


I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 3 years ago.

Thanks for the advice. I will withdraw the application and start a new one in two weeks.

Expert:  Remus2004 replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
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