UK Landlord Forum / Life

Hi there,

This is my very first post here, hope someone can shed me some light. Thank you so much!

My tenants has stopped paying me rent for over 8 months.

I served them section 8 on 24th March 2020 ( but the proof of delivery from post office was 26th March 2020)

So the due date on the notice is 13 April 2020. And then the gov put the eviction ban, again and again, now is 20 September.

My question is : is my section 8 notice has expired when the ban lifted on 20th September?

Do I need to serve a new section 8?

If I serve a new section 8, is it I can put just 4 weeks notice as they have rent arrears over 6 months?

Does this mean after 4 weeks of the new section 8, I can bring this case to court? ( if the gov really lift the ban on 20th September)

I am sorry for my english , hope its understable x

There's a good chance that your original notice was never valid (as opposed to expired). Postage of notice (first class?) mean it was probably considered served on the 26th (which happens to be the same as delivery date anyway), which was when the extended notice period under Covid kicked in, which means your notice would have been too short.

Serve a new section 8 notice - grounds 8, 10, and 11, at least 4 weeks notice (plus time for service).

The ban is a stay of proceedings, so you can bring the claim even if it was extended, it's a question of when the the stay is lifted so proceeding can progress.

Thank you for your reply,KTC

Oh no, if this is the case the notice actually never been valid, do you think I should speak to the solicitor who serve the notice to me?
Because she told me it will expend automatically to 3 months?

When would you suggest I should serve a new notice?
Should I wait until the gov actually left the ban ?

Many thanks x

Quote from: KTC on September 03, 2020, 08:21:59 PM
There's a good chance that your original notice was never valid (as opposed to expired). Postage of notice (first class?) mean it was probably considered served on the 26th (which happens to be the same as delivery date anyway), which was when the extended notice period under Covid kicked in, which means your notice would have been too short.

Serve a new section 8 notice - grounds 8, 10, and 11, at least 4 weeks notice (plus time for service).

The ban is a stay of proceedings, so you can bring the claim even if it was extended, it's a question of when the the stay is lifted so proceeding can progress.

If you're not waiting to see if the tenant will resume paying, or in discussion etc. and are intending to serve notice anyway, just do it now. There's no reason to wait.

Thanks KTC

May I ask do you know any solicitor charge a reasonable price to serve the section 8 for me?
the one I used cost me a kidney 

Quote from: whatnow on September 05, 2020, 09:29:04 AM
Thank you for your reply,KTC

Oh no, if this is the case the notice actually never been valid, do you think I should speak to the solicitor who serve the notice to me?
Because she told me it will expend automatically to 3 months?

When would you suggest I should serve a new notice?
Should I wait until the gov actually left the ban ?

Many thanks x

Quote from: KTC on September 03, 2020, 08:21:59 PM
There's a good chance that your original notice was never valid (as opposed to expired). Postage of notice (first class?) mean it was probably considered served on the 26th (which happens to be the same as delivery date anyway), which was when the extended notice period under Covid kicked in, which means your notice would have been too short.

Serve a new section 8 notice - grounds 8, 10, and 11, at least 4 weeks notice (plus time for service).

The ban is a stay of proceedings, so you can bring the claim even if it was extended, it's a question of when the the stay is lifted so proceeding can progress.

Don't use a solicitor who charges per time. Choose a specialised eviction company offering fixed fee.