Tenant lied about receiving S8 Notice hearing adjourned?

Tenant lied about receiving S8 Notice hearing adjourned?

10:19 AM, 14th February 2023, About A year ago 65

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S.8 Notice was hand delivered and also posted 1st class, proof of postage and pictures showing delivery by hand were submitted. The Duty solicitor quoted Enfield v Devonish (1996, CofA) which the Judge had not heard of and was clearly frustrated and said it is not in dispute that the notice was served but there is no evidence the tenant had sight of it. The case has been adjourned to allow evidence to be gathered and is now in a few weeks.

My tenancy agreement does not have a clause regarding service but I thought I could rely on the Law and Property Act, apparently not! The tenant’s daughter confirmed to me twice that her Mum had been given the notice, but the Tenant denied this.

The Tenant has not lived at the property for about 18 months, we have had no communication for 2 years, any contact has been with the adult children who are working and living in the house rent-free. The rent arrears are over 12 months.

I have spent days researching and have spoken to so many solicitors I’ve lost count, no one has heard of this case.

I’m hoping someone here has and can help.


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14:50 PM, 14th February 2023, About A year ago

County Court Rules regarding Service?
If you had to produce evidence of defendant actually reading a summons when he may have just binned it, we would never see a default judgment?

I just want to sell up!

14:50 PM, 14th February 2023, About A year ago

Good point, thank you for all your help.

Simon M

15:32 PM, 14th February 2023, About A year ago

Reply to the comment left by Seething Landlord at 14/02/2023 - 13:14
Very interesting post - I've made a note to review my current TA.
Using a professional search agency ought to be sufficient to demonstrate reasonable endeavours to locate the tenant. Even if it doesn't find the tenant, it will provide evidence they have abandoned the property. In case the court finds for the tenant at the second hearing, OP might prepare a new notice and serve it as they leave.

Judith Wordsworth

16:07 PM, 14th February 2023, About A year ago

If the tenant has not lived there for 18 months, and her grown up children do, where did you send the s21/s8 to?

Where does your tenant live? Did you serve to both known addresses?

Are her grown up children listed as Permitted Occupants? All, over 18's and under 18's should be listed.

If your tenant is on housing benefit once the children became adults and out of education then the tenants benefit would have been reduced. You should have put these grown-up children on the tenancy agreement, jointly and severally along with the original tenant.


16:10 PM, 14th February 2023, About A year ago

Reply to the comment left by I just want to sell up! at 14/02/2023 - 11:25
"there is no address to serve to."

You have no duty to serve to other than the address of the tenancy or the last known address, you should be able to get judgement in default (I think)


16:19 PM, 14th February 2023, About A year ago

"Henry The Sixth, Part 2 Act 4, scene 2, 71-78

Let's kill all the lawyers

God save your majesty!

I thank you, good people—there shall be no money; all shall eat and drink on my score, and I will apparel them all in one livery, that they may agree like brothers, and worship me their lord.

The first thing we do, let's kill all the lawyers.

Nay, that I mean to do."

A bit draconian perhaps the notiony of "Blind Justice" was supposed to mean impartiallity not the myopic political partisanship so prevalent.

Seething Landlord

16:21 PM, 14th February 2023, About A year ago

Reply to the comment left by moneymanager at 14/02/2023 - 16:10
In default of what? It appears that the tenant turned up at court and a defence was entered on her behalf.

Seething Landlord

16:34 PM, 14th February 2023, About A year ago

Reply to the comment left by moneymanager at 14/02/2023 - 16:19
Judges have to apply the law. Their only scope for discretion apart from determining the level of damages or penalty is in their finding of fact, which depends on the strength of the evidence and the credibility of the witnesses. Would you really want it any other way?

I just want to sell up!

16:36 PM, 14th February 2023, About A year ago

Reply to the comment left by Judith Wordsworth at 14/02/2023 - 16:07With hindsight I would have done a lot of things differently. The TA was given to me by my letting agents so I had no reason to think there would be a loophole that would be exploited 6 years later. The tenant claims they still live at the property but is not there very often as they are caring for an elderly relative. That relative was at the hearing and swore at me for looking at her.
The children were minors, now adults and are stated as permitted persons, the tenant stopped all contact when they became adults but has kept the house for them to live in. Landline disconnected and mobile number changed.
Good point about "bought to the attention of" as the duty solicitor said there was no evidence I put it in the tenant's hand.
Yes the tenant did turn up, amazing how that was bought to their attention. I have another S8 ready to hand deliver at the next hearing.

Chris H

17:33 PM, 14th February 2023, About A year ago

I might have had a sensible judge, I had a photo of me posting a copy through the door, and I stuck a copy to the front door, the tenant sent me a rude text as I was "airing her business" possibly I was, no real personal info on a notice, I also pointed out if she was that bothered she could pay her rent, I would not need to take such action, but I had proof of service, I also tend to not use proof of postage but signed for, it is a small higher cost, but the property is served, it is then not your problem if they have not had sight as it has landed at the property, this might have changed or I have been lucky along the way. Having only taken court action 3 times in 29 years.
I hope you get the matter resolved

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