Should I go for a Section 8?

Reply to the comment left by NewYorkie at 27/09/2025 – 13:48
Thank you 🙏🏻 I’ll let you know if that’s ok ? 👍🏻

Well if I didn’t appreciate how stressful it all is, it would almost be amusing. Talk about last minute clutching…. None of her “defence” options appear on Shelter’s website as far as I can tell. And regardless, as someone has already mentioned, if you have used ground 8 on the notice (which you have, because that is the rent arrears ground) and you can prove the arrears (which you can) and the notice is all in order, then the Court MUST grant an absolute possession order. The date for possession should then be 14 days (42 in exceptional cases). And then you can apply to the bailiffs…. Good luck, let us know.

Reply to the comment left by HFJ at 28/09/2025 – 07:51
Her defence is a oral agreement apparently saying we will only take £455 not the amount on the tenancy agreement which is £590 tenant has always had rent paid to her direct from DWP so I wonder did she inform DWP of this said oral agreement and only claim £455 or claim full housing element which would of covered her rent £590 and has been benefiting from her rent allowance by £135 per month and I intend to ask her in front of the judge tomorrow if that’s the case do you think that’s possible ? . As she has always had rent direct to her I’ve never known how much she gets housing allowance , would she need to prove this to the court ( housing element ) oh the stress 😩

Reply to the comment left by Stressed landlord at 28/09/2025 – 11:04
I’m not sure you’ll be permitted a ‘cross-examination’. The judge will rely on information already before him, but if your tenant introduces ‘new’ information, you should be allowed to argue it. Why hasn’t it been introduced before? I haven’t asked, but will you be represented at court?

Reply to the comment left by Stressed landlord at 28/09/2025 – 11:04
“Her defence is a oral agreement apparently saying we will only take £455 not the amount on the tenancy agreement which is £590”

That will easily be disproved by your request/demands for the full amount.

Reply to the comment left by Monty Bodkin at 28/09/2025 – 11:57
Sorry who will be disproven? Us or tenant ?

Reply to the comment left by Stressed landlord at 28/09/2025 – 12:10
The tenant.
When the rent wasn’t paid in full you’ll have communications requesting it proving there was no oral agreement.
Just by the serving of S8 for rent arrears shows there was no agreement.

Reply to the comment left by NewYorkie at 28/09/2025 – 11:43
No not got representation 😩first time evicting a tenant normally were rent arreas are they flee !!! But ye as for cross examine the judge am a scouser 🤣🤣🤣🤣

Reply to the comment left by Stressed landlord at 28/09/2025 – 12:33
Honestly, just try not to over think it. This isn’t criminal court (no reference to you being a scouser, lol). The one I was at was pretty relaxed, even though it was in the court room (although that was a very amicable s21). Wait and see what happens, what the judge says etc. You may find you don’t have to say very much at all and I would resist making any statements unless you have to – let the judge speak or let the tenant tie themselves up in knots. Just let the facts speak for themselves and don’t be drawn into any arguments. And it’s funny that even if there was an agreement for a lower rent (let her prove that) it seems she hasn’t paid that either, so what’s the relevance? Lol. The facts remain – she is more than 2 months in arrears so you have served a S8 notice (using ground 8) and that’s it.

Nice one thank you 🙂👍🏻