hi, i served a section 8 notice to a tenant, who is in arrears by 8 months. I served the correct notice, with a rent statement showing the arrears together with the AST. Applied to the court and the judge has just come back to dismiss my cliam on the basis "as the claimant has failed to serve a notice of pursuant to section 21 housing act 1988 ( a section 8 was served).What does this mean and why???Many thanks
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.When did the tenancy start and for how long?
started on april 2009 and running monthly from there onwards
Thank you.In that case you should have also served a section 21 notice.This is because you are not seeking to end the tenanxy early but in fact it is a periodic tenancy.Normally a section 8 alone is served while the tenancy fixed period is in place.Once in a periodic tenancy you should serve both a s.8 and s.21 noticeTherefore you should reserve both a section 8 and section 21 notice and include these both in your claim for possession.I am sorry if this is not necessarily the answer you are looking for but based on what you have said, this is the legal position. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
For the avoidance of doubt you needed to serve a section 21 notice on grounds 10 and 11 Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Experience: Called to the Bar in 2007
thank you!
Welcome please remember to give my answer a good rating. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.