Section 8 notice procedure

by Readers Question

8:37 AM, 9th October 2013
About 7 years ago

Section 8 notice procedure

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Section 8 notice procedure

I have served section 8 notice to my tenant because she was over 2 months behind with rent, I gave her another 1 months notice which ends on 12th Oct. She claims housing benefit and I e-mailed them last week to tell them shoe owes over £1,200 they said they will look into it?

I have been told that she has been to Egypt twice in the last couple of months, and she is planning on moving out there permanently to marry someone just after Christmas, but she doesn’t know that I know this.

She has told me she will see if council will find her another house but I know the council will tell her not to move until I get a court order. I was planning on applying for a court order which will cost me another £100 and then will probably have to get bailiffs in to evict her maybe sometime before Christmas, I was then planning on putting a small claim against her through the court which will cost me again and might be granted £5 a week or something similar? I will be lucky to get this done before she goes and I don’t think a CCJ will matter in Egypt. Section 8 notice procedure

Is there anything else I can do to get her out of the property? will council pay her rent and arrears? any advice would be greatly appreciated.

Thanks

Andy



Comments

andy lyons

17:39 PM, 14th October 2013
About 7 years ago

Reply to the comment left by "Damien Pritchard" at "12/10/2013 - 02:03":

Just an update for you all, HB are now paying the rent direct to me from 8th Sept, so I am just over 2 months rent owed. Tenant has told me she is moving sometime this week and going to live in Egypt, because she now owes less than £1000, I think it will be cheaper for me to put in a small claim against her instead of applying for eviction which is £60 instead of £100. Has anybody had experience of putting a small claim in online? I don't think I will get any money back but if she decides to move back to UK, I think the CCJ will stand and it will at least be a warning for other landlords if she is credit checked. Thanks again for all advice.

David Sweeney

19:07 PM, 14th October 2013
About 7 years ago

Reply to the comment left by "andy lyons" at "14/10/2013 - 17:39":

If she is moving then get a deed of surrender, if you can get that it will prevent the need for eviction. She still has a valid tenancy unless either she surrenders the tenancy to you OR you get and enforce a court order. The former will obviously be far quicker and prevent you experiencing another 3 months or more before that tenancy is ended & the property can be re-let.

How do you propose to serve court papers for your money claim on your tenant in Egypt, or enforce any court order you get?

Don't forget to tell the housing benefit department as soon as she leaves. She may still have a liability to you for rent but that does not mean she is entitled to benefit if she isn't actually living there. Don't want the council reclaiming it from you.

andy lyons

19:33 PM, 14th October 2013
About 7 years ago

Reply to the comment left by "Dave Reaney" at "14/10/2013 - 19:07":

okay thanks

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