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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Property Law Question: I already served my tennant with section

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Property Law Question:
I already served my tennant with section 8 - Ground 10, which on the 1st court hearing was found to be discretionary.
Is it possible to serve that tennant with section 8 - Ground 8, during proceedings and before the 2nd hearing as it seems this should have been the right course of action.(Unpaid Rent is accumilating since 27th of June 12)??

Yes, it's perfectly possible to do this.

Legally, there is nothing from stopping you issuing the notice citing ground 8, however if you wish to evict on this basis then it will be up to the judge as to whether they require you to submit a new application in the proceedings or whether they are happy to make an order if you simply arrive with the notice at the next hearing.

You shoudl certainly serve the notice though, if they have two months worth of arrears.

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Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

What about the section 8 with ground 10. Wouldn't it be enough for the Judge to see the heavily accumulated arrears and decide the case??

Would making a new section 8 with ground 8 make things easier or complicate matters for the judge??


I would serve both, ground 8 is stronger simply because the threshold set for rent is long established and considerable.

If the tenant is two months in arrears and you serve the notice then the tenant will be evicted on the strength of this, it's just a question of whether the judge makes the order at the next hearing or requires you to make an appllication in respect of the notice itself rather than simply presenting it.

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