First possible date of court proceedings?

First possible date of court proceedings?

11:48 AM, 23rd June 2022, About A week ago 2

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Hi everyone, I sent out a Section 8 notice (ground 1) on Monday 20th June using a tracked courier that does not require a signature on delivery. I was hoping it would have arrived yesterday or today. Unfortunately, it hasn’t arrived yet and will most likely arrive tomorrow, 23rd June.

In the notice, I wrote that court proceedings will not begin earlier than 23rd August. If the notice does arrive tomorrow, am I right in saying that’s a day too early?

Ground 1: Owner occupation. Two months’ notice of proceedings required.

There are two different circumstance where this can apply:

The landlord lived in the property as their only or principal home at some time before the start of the tenancy – no need for intended residence
The landlord requires it for themselves or for their spouse as an only or principal home, providing they have not purchased the house during the tenancy – no need for prior residence



Comments

Ross Tulloch

11:50 AM, 24th June 2022, About 7 days ago

The court system currently is not fit for purpose in London. We Issued a section 8 the tenant did not vacate it took five months to get a date for the court hearing. On that date they granted eviction of the tenant two weeks later. But they took six weeks to write the letter to the tenant telling him they had to be out in two weeks and a further 10 days to post it.
Any way you can come to an amicable agreement without this would be worth a lot

CYRIL STALEY

12:09 PM, 24th June 2022, About 7 days ago

Ground 1 begins -
"Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground ........."
2 questions:
1/ The requirement "on this ground" seems rediculous. Would anyone specify the legal statute when beginning a tenancy.
2/ "give notice in writing" Does an agreed statement in an Assured Shorthold Tenancy which tells the prospective tenant that, "These tenancies do not guarantee the Tenant any right to remain in possession after the fixed term," count as giving the tenant PRIOR WRITTEN NOTICE of a landlord requiring his property back in future?

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