Section 8 query – do I need a solicitor?

Section 8 query – do I need a solicitor?

9:15 AM, 7th November 2023, About 8 months ago 12

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Hi, I’m new to the forum and can anyone help? I’ve got a lodger who has had a section 8 served on 20th Sept. The main ground is ‘landlord moving back into property’.

There are other discretionary grounds including arrears but not 2 months or more, the assured tenancy period has lapsed and, sorry to say, when the lodger moved in in Nov 2022, we only had a Gas Safe cert in place.

Does anyone think we can push on with the possession order based on the above and without the use of a solicitor?

Thank you,

Daniel


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Graham Bowcock

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9:35 AM, 7th November 2023, About 8 months ago

It sounds like you definitely need legal advice.

If you really have a lodger (and not a tenant) then ground 8 does not apply. Your lodger will be a licensee and their licence can be terminated on notice. Ground 8 relates to tenancies under the Housing Act.

You may have muddied the water if you have used the wrong notices, so get some advice pdq.

Easy rider

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9:43 AM, 7th November 2023, About 8 months ago

If you want to move back in to the property then you obviously don’t live in the property and the occupant cannot be a lodger.
Also, you issued an AST therefore the occupant is a tenant.
Section 8 Ground 1 is a ‘prior notice’ ground. Did you inform the tenant that you could want to move back in at some point?
Section 8 Ground 10 is a discretionary ground for (less serious) rent arrears. The judge will decide.

Contact an eviction specialist.

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10:08 AM, 7th November 2023, About 8 months ago

Obfuscated Data

Judith Wordsworth

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11:02 AM, 7th November 2023, About 8 months ago

How can there be a lodger if the landlord wants to move back in???
The landlord has to be living in the property for there to be a lodger.
The lodger should have a Excluded Occupiers Lodgers Agreement and s21 and s8 do not apply. The Agreement should have termination clauses, one being details re notice to vacate.
Suggest a read of these
https://www.lodgerlandlord.co.uk/?inf_contact_key=b8203d39bed56540a62fe2a6594f000c
https://www.gov.uk/rent-room-in-your-home
Hopefully you are not running The Rent a Room government Scheme if you are not living there - that would be a criminal offence under the Fraud Act 2006

Chris @ Possession Friend

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11:38 AM, 7th November 2023, About 8 months ago

@ Daniel
We give free ( initial ) advice

Seething Landlord

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12:14 PM, 7th November 2023, About 8 months ago

Reply to the comment left by Cally O at 07/11/2023 - 10:08
Regarding your scenario 3, the documents referred to are not required if possession is sought under S8. They are only relevant to a claim under S21.

Michael Booth

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14:39 PM, 7th November 2023, About 8 months ago

Take legal advice or you will never move him out.

DANIEL CUSACK

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18:19 PM, 7th November 2023, About 8 months ago

Sorry chaps, I shouldn’t have said lodger, the girl is a tenant, the assured tenancy agreement ended July 2023, she was fully aware of the end date and we gave her 2 months to move out, she’s been very clever with her rent payments by possibly keeping any arrears under 2 months, the section 8 seemed the only valid way to get her out, it was served 20th Sept with the main ground as us wanting to move back in, does that make the issue clearer or does it warrant special legal advice? We only have a Gas Cert which was in place when she moved in, with the mandatory ground and a couple of discretionary grounds does that sound enough to go to court for a possession order?

Seething Landlord

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22:36 PM, 7th November 2023, About 8 months ago

Reply to the comment left by DANIEL CUSACK at 07/11/2023 - 18:19
Why are you not able to use S21?

The way that you are posing the questions suggests that you would be well advised to take legal advice. It's up to you but I would not consider it appropriate to do it on your own unless you are confident that you have all the required evidence, are aware of all the formalities and procedures that you need to follow and are competent to deal with issues that may be raised by the tenant's lawyer to defend or obstruct the possession claim.

Have you contacted Chris@possessionfriend who offered free initial advice?

Kate Mellor

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8:34 AM, 8th November 2023, About 8 months ago

Reply to the comment left by DANIEL CUSACK at 07/11/2023 - 18:19
I would strongly suggest you take Chris up on his offer of a free initial consultation to find out the potential pitfalls of your case before making your decision. I did some Gaining Possession training and the trainer was a former employee of Shelter. She actually went to court and prepared defences for tenants and she stated that they literally rubbed their hands together when a tenant was being evicted via section 8 because it gave them so much more scope to challenge the eviction.

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