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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

serving a notice during court proceedings

19 Mar 2021 | 1 comment

have a possession claim under ground 17 ongoing and the tenant is now 6 month in arrears as well. Can a s8 (ground 8) be served even if proceedings are under way on ground 17? the arrears wasn’t pleaded in the claim

Answer

1 Comment

  1. guildy

    Not sure how the court would view this and whether the new section 8 would effectively withdraw the old one.

    Think the correct procedure would be to make an application and seek permission to add grounds to the claim without it being on the notice. Ground 8 can’t be added in this way but grounds 10 and 11 could.

    It might also be possible to serve another section 8 without prejudice to the validity of previous notices served but this might start to get complicated.

    It might be worth seeing how the current proceedings develop before doing anything so as not to risk the current proceedings.

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