UK Landlord Forum / Life

Hello

I have issued my tenants with an eviction notice 8 and a day before the court hearing they paid enough rent so they were under 2 months in arrears.  The court has therefore been adjourned based on that she clear the remaining rent in areas and sort out the housing benefit she has applied for.
My question is - Is still any point going to the court hearing next week?  Can the judge still evict the tenants or make they paid all the rent still due - giving them a suspended eviction?
Any advice on this matter will be helpful.  Thanks

Thats the problem with a section 8 ground 8 they can come just under the 2 months overdue by making a payment.
I would suggest you still go the hearing.
This will bolster your case for a section 8 ground 11 which I think you will have to serve next.

You seem to have only submitted a s8 ground 8 notice?
Ground 8 is best served with Grounds 10 and 11 so that a partial payment by the tenant just prior to the court hearing doesn't necessarily obviate the possession order. 
Since, if the tenant pays off part of the arrears shortly before the hearing, this Ground 8 can no longer be proved and possession proceedings will have to be abandoned.

It is, therefore, common practice to cite more than one ground for rent arrears (i.e. grounds 8, 10 & 11), if applicable, and to also wait until at least two months' rent is unpaid before issuing the Section 8 Notice:

Ground 10    The rent is in arrears but by no more than 8 weeks.
Ground 11    The tenant is repeatedly late with payments or repeatedly fails to pay their rent until prompted by the landlord.

Why have you not served a s21?
Still in the fixed period?
Im afraid the part that sucks now is you might want to consider which is better s8 now and risk it or wait till a s21 can be served.

Much pain ahead Im afraid.

Best of luck though

Hi there

Thanks for getting back to me. In the end, I had to cancel the adjourned hearing and I was advised that my chances of possession were too low since housing benefit came through in the meantime which has reduced substantially the rent arrears to below a month.  Clause 10 and 11 were also added but the tenant really played the victim that if she gets the benefit she will be able to pay the rent on time and the remaining arrears.

As it stands now since I cancel the notice I have not seen any rent from her .... so thinking of issuing another notice.

Yes, I have now issued notice 21 based on a break clause but they are not acknowledging it.  Hope the possession can be granted.

Just want them out now whatever costs.


XisG