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Question

Landlord Wants Tenant to Leave (England) | Preventing Controlling and Recovering Rent Arrears (England)

s8, eviction timing

21 Jul 2017 | 5 comments

hi
s8 notice was served about 6 months ago for rent arrears. on 18th july, tenant was 2 and half months in arrears and building up as the council now stopped paying and the tenant isnt responding. can we apply for eviction now or wait until 3 months arrears (01 st aug) or wait to next 18th august (rent due date).
we also served s21 but have to wait until actionable date 15 sept.

Answer

5 Comments

  1. guildy

    You can apply to the court anytime after expiry as long as it’s within 12 months of service of the notice (after which a new notice is required).

    All you need prove to be successful is (a) they were two months in arrears on the day of service and (b) they are two months in arrears on the day of the hearing. Anything that happens in-between those dates is irrelevant.

    Please see here for the court forms.

  2. mart05

    ok,good but how long between
    (a) service of notice and application to court rather than (b) hearing day -which will be later

    • guildy

      As per reply, it’s 12 months from service that you must have applied to the court. Otherwise a new notice is required.

  3. mart05

    sorry for the confusion, i got the 12 months as the latest from serving the notice but what is the earliest period after serving s8 to apply to court for an eviction hearing. can i apply to court say, 1 week after s8 notice has been issued

    • guildy

      You can apply to court after the date you have put in the notice (para 5 – “court proceedings will not begin until after …”). This date should be no less than 18 days from when it’s served.

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