Do I need to serve Section 8 now or later?
Hello, is there a time limit on how long landlords have to serve a Section 8 repossession notice for Rent Arrears?
I have a property with a Universal Benefit tenant who has amassed 6 months’ worth of rent arrears. I believe her when she tells me that this is because the DSS has failed to pay her, which is primarily down to her inability to cope/engage with the DSS.
I would like to know whether I need to serve her with a Section 8 now, or whether I can wait 12 months.
She doesn’t really look after the property and is clearly suffering from poor mental health. Frankly, this isn’t my concern. Section 24 tax rules combined with the huge increases in mortgage rates mean that once my fixed deal comes to an end in 12 months time, I will not see a reasonable return on my investment. And because she fits in the ‘difficult’ box, I intend to repossess the property next year and sell it to reduce my tax burden.
I don’t want to sell it now, as I would have early redemption penalties. There is plenty of uncertainty at the moment regarding the abolition of Section 21, although it is likely that there will be a preserved ground if the property is to be sold. But we don’t know what that will look like, whether granting possession will be discretionary or mandatory, and how long or expensive the process will be.
It might be sensible for me to seek repossession now rather than wait a year.
So, does anyone know whether I will still be able to use Section 8 Rent Arrears in 12 months time if these rent arrears relate to payments that were not made almost 24 months prior? Am I obliged to take action sooner than later?
Thanks,
Jessie
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Call for landlords who have used rent-to-rent operators
Member Since August 2021 - Comments: 39
5:25 PM, 19th February 2024, About 2 years ago
Once the RRB is law you can forget any chance of getting your property back, get out now
Member Since July 2013 - Comments: 30
3:49 PM, 20th February 2024, About 2 years ago
You have 6 years to claim any rent arrears back so yes, you can wait until next year.
However, A section 8 notice does last for 12 months so you can issue it today and wait for 11 months before you issue proceedings.
Member Since March 2023 - Comments: 1506
5:00 PM, 20th February 2024, About 2 years ago
Reply to the comment left by anthony altman at 19/02/2024 – 17:25
You can still get your property back if you want to sell or move in, anything else forget it