Question

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

section 8 court papers

12 Jul 2018 | 4 comments

Hi guildy, followed your guidelines and wizard on section 8 to court. Have applied to court and lodged all the paperwork. It doesn’t mention in your guide lines about how many copies I should serve. The court has one and I have one. Should I send any to the tenants as they should already be in possession of this paperwork. Also, should I send copies of all paperwork to the guarantor as if I don’t get any money from the tenants following their eviction I will be going after the guarantor. Thanks

Answer

4 Comments

  1. guildy

    We’ve just checked the guidance and it does say how many copies are needed.

    The court will need one copy for them to retain plus one copy for each tenant (so if there are two tenants, the court will need three copies).

    In addition, a copy should be retained by you too. Generally 4 or 5 copies in total are needed.

    You don’t need to serve anything on the tenants as the court will do this for you (which is why they need a copy for each tenant).

    You also don’t need to serve anything on the guarantor at this stage although you should write to them explaining that you would like paying now for whatever the amount owing is and that they will also be liable for any court fees if the tenant doesn’t pay. Best to let them know as they may not even be aware of a problem.

  2. guildy

    Just thinking, it’s probably best not to insist on payment now because that will no doubt have been asked by you sooner. If the guarantor pays now, that would make the section 8 fail!

    However, they still need to be made aware of the situation because they will argue that they should have been informed and had they been they could have taken action to avoid the court costs and some of the arrears.

  3. DW890

    Is there a template letter for that.
    If not, should I send the guarantor a copy of a rent statement showing the arrears

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