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ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 2702
Experience:  Bar Professional Training Course
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I would like to issue a section 8 to a tenant who is renting

Customer Question

I would like to issue a section 8 to a tenant who is renting a flat from me. They are over 6 months in arrears (more than £3000)
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes, I've issued a section 6a in March
JA: Have you talked to a lawyer about this?
Customer: No, my estate agent
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 10 days ago.
Category: Law
Expert:  ReadyLaw replied 10 days ago.

Hi, welcome to JA, I amCustomerone of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Expert:  ReadyLaw replied 10 days ago.

Thanks for your patience and enquiry.

You can give a section 8 notice in the circumstances described by you, that is, the tenant is in arrears for in excess of 2 months.

In order to be valid, the notice must give:

  • the right amount of notice

  • a date after which court action can start

  • the grounds for possession, and explain why they are being used

As your notice is based on the arrears, the current guidelines is that notice on or after 1 June 2021 are required to give 4 weeks where the tenant is in 4 months' arrears or more.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 10 days ago.
Thank you for your answer. Is it possible for me to send this letter myself or does it need to come from a solicitor? How can I prove that he has recieved it? Once the 4 weeks notice is up then would I have to employ a solicitor to commence legal proceedings?
Customer: replied 10 days ago.
Could the fact that I have already delivered a section 6a delegitimise the section 8 notice?
Expert:  ReadyLaw replied 7 days ago.

My apologies for the delayed response, I was not aware of your further questions. Please note the following responses:

1. You may serve the notice yourself.

2. Usually it is served in the method specified in the tenancy agreement. If the agreement is silent you would serve personally, by giving it to the tenant directly, or by putting  it through the door of the property, or sent by first-class post.

3. You do not need to instruct a solicitor to start the application to repossess in the court. You may do so though if you require.

4.  No the section 6a does not make the section 8 invalid. Time however would start to run from the service of the section 8.