Section 8 new form – don’t risk your application being thrown out

by David Asker

10:12 AM, 8th April 2015
About 4 years ago

Section 8 new form – don’t risk your application being thrown out

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Section 8 new form – don’t risk your application being thrown out

New legislation came into force on Monday 6th April 2015, and one of the changes is a new Section 8 form.Sheriffs Ofice

It is essential that any landlord in England using a Section 8 form must use the NEW version. If you use the old one by mistake, you risk having the application thrown out and having to start again.

You can tell the new notice, as it has a bullet point about ground 7A after paragraph 5.

Evicting Tenants can result in significant lost income so it is important to engage professionals who will minimise delays. The cost of professional advice is often just a fraction of the potential lost income if a mistake is made.

Property118, The Sheriffs Office and Landlord Action have team up to create a website dedicated to evicting tenants, LINK HERE

You can then download our FREE guide to evictions and recovering rent arrears. Our guide to enforcing judgments for money owed is also free to Property118 members.



Comments

Paul Franklin

11:57 AM, 8th April 2015
About 4 years ago

Any idea where we can get hold of the updated form? The .gov website doesn't seem to have been updated as far as I can see at least?

Romain Garcin

15:02 PM, 8th April 2015
About 4 years ago

Reply to the comment left by "Paul Franklin" at "08/04/2015 - 11:57":

Indeed gov.uk hasn't been updated.

We have the new forms, but I can't post you a link here. I'm sure that some googling will quickly get you a few suppliers.

Paul Franklin

15:25 PM, 8th April 2015
About 4 years ago

Got it! Thanks!

David Asker

15:26 PM, 8th April 2015
About 4 years ago

Sorry guys, I'm out of the office at present.

Andre Gysler

10:49 AM, 11th April 2015
About 4 years ago

What is the case if the Section 8 Notice was issued prior to the new legislation, for example a notice issued in February under Section 8. Could this be thrown out for not using the new form by the time it comes to Court?

André

Romain Garcin

11:18 AM, 11th April 2015
About 4 years ago

Reply to the comment left by "Andre Gysler" at "11/04/2015 - 10:49":

Hi André,

Notices served before 6 April are fine with the old form. In fact they must use the old form to be valid.

The new form only applies to notices served from 6 April.

Mark Alexander

11:07 AM, 13th April 2015
About 4 years ago

Reply to the comment left by "Romain " at "08/04/2015 - 15:02":

Hi Romain

I am happy for you to post a link to the new form
.

Romain Garcin

11:39 AM, 13th April 2015
About 4 years ago

Hi Mark,

Many thanks!

New section 8 and section 13 forms may be downloaded at:
https://lettingmate.uk/products/forms

Paul Franklin

10:19 AM, 14th April 2015
About 4 years ago

Is it correct that the Section 8 form cannot be used for contractual periodic tenancies (after 6 months have elapsed)? I've just read the notes at the top of the form and that's how I read it, which is new information to me?

If there's no proescribed form I would have though that you can still use it, it's just that it's not a requirement? Though I would have though it safer to use it.

Romain Garcin

12:16 PM, 14th April 2015
About 4 years ago

Reply to the comment left by "Paul Franklin" at "14/04/2015 - 10:19":

Hi Paul,

No, that's not correct. Section 8 can be used.

I think that the note you are referring to is the last bullet at the top of the form, which states not to use the form if you are seeking possession under section 21 rather than section 8 (They could have just written that. Simples).

The wording of that note is hard to understand and causes a lot of confusion.

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