How to complete a Section 8 notice | Discuss

No all a tenant has to do is to reduce the rent arrears to 1 month.

This could occur on the day of the PO County Court hearing!!!

Cleared funds though.

An uncleared cheque would NOT suffice!!!

Cheques from rent defaulting tenants have a tendency to bounce even though it is actually a criminal offence to write a cheque out when it is known thete are insufficient cleared funds in the account to allow the cheque to pay out!!

When was the last time that someone was prosecuted for bouncing a cheque!!!?

I believe a bounced cheque in France is not to be recommended.

The sanctions for doing so are apparently quite onerous!!

As far as I am aware 2 months of rent arrears qualify for the S8 process and so means 1 month and 1 day if the TA specifies rent is due 1 month in advance.

If the tenant reduces rent arrears to only 1 month then the Judge is obligated to remove the PO on the mandatory basis.

Good luck on a Judge taking any notice of the other S8 provisions to facilitate a PO.

These problems are why LL choose to use the S21 process.

If the tenancy agreement is to receive rent in arrears by one month then indeed a full 2 months would need to elapse before S8 could be issued.

I doubt there is any LL stupid enough to offer a TA paid in arrears!!

The fact that HB may be paid in arrears is totally irrelevant.

If the tenancy states advance monthly rent then that is what has to be paid.

So if a tenant receives HB but DOESN'T pass onto the LL then 2 days later the tenant is 2 months in rent arrears!!

If the tenant has UC the LL will be over 4 months in arrears before receiving anything and even that only occurs if the UC arrears service works....................which it DOESN'T!!!!.

So as soon as the tenant misses the rent payment for the 2nd month they are automatically 2 months in arrears.

You just have to hope they DON'T reduce rent arrears to 1 month as you would have to start the County Court process all over again.

Sp even more months of arrears before a new S8 hearing to say nothing of all the CC fees required again to commence proceedings.

S21 is a far more efficacious process which is why most LL use it.

It is nothing to do with no fault.

There is usually lots of fault caused by the tenant; mostly rent arrears.

S21 remains a far more functional process than S8 though this is changing with the revised S21 requirements.

Getting rid of rent defaulting tenants is definitely going to become a lot harder.

Which is why it should be sern as an absolute imperative to use the RGI services and TRP of LRS!!!!!

By implication this means letting to only certain types of tenant.

It will mean that DSS tenants will not be acceptable.

I haven't met one who could pass the RGI checks that LRS requires!!

Though I believe it might be possible to take on a DSS tenant if a guarantor can be sourced who passes RGI checks.

The chances of that ever occurring is about the same as ever finding rocking horse s###!!!!!!!

If as a LL you can only source DSS tenants you have to seriously question whether you are in the right business.

DSS tenants can seriously damage your wealth.

Is it really worth the risk!?

Personally I think NOT which is why I refuse to take on any HB tenant at the outset of a tenancy.