I am making a section 8 notice, I’ve used the Openrent blog post but have some questions.
I’ve written these as my explanations -
Ground 1, “I require to move back into my home which is my only property”
Ground 11 “The tenant repeatedly pays late each month and often delays payment multiple times for the same due date.”
Do the explanations have to be in a special legal language or have certain details?
Should I put both grounds or just Ground 1 which is a non-discretionary one?
I plan to email it to my tenant as PDF attachment, is that ok?
How do I do I sign it, can I do it electronically or should I print it, sign it, scan it?
Not sure why you’re writing this as you are not permitted to evict a tenant legally or morally at the moment.
Furthermore you cannot legally issue any documentation by only using email unless your initial agreement clearly states that that is their service address this would need to have been signed and agreed of course in the agreement also otherwise If it is contested later in the process of court Proceedings your case could be struck out.
Also just to add to the mix that if you are evicting them when they are permitted to be evicted under the condition that you wish to move back in then you would need to legally prove that you legally notified them that this may happen at the commencement of the agreement.
You may need to ask yourself what type of mortgage and insurance you have on the property and if it was your own main residence or not before and exactly what the agreement was and when it was done as a lot of this would depend on exactly how you should best evict the tenants.
You also need to gauge whether they’re likely to put up a fight or not as if they put up a fight you will lose right now and you will lose very badly.
You may also want to ask yourself if they have been paying late consistently then have you tangibly made a professional proposal to readjust the rent date or to make further enquiries about their finance position as if you have not already tangibly brought this up with the tenants prior then this could be seen as holy unreasonable and unfair to now issue eviction based on that situation knowing that you have not been seen to act.
If you’re in any further doubt I would strongly recommend that you become a member of the National landlords Association to seek professional advice for your specific situation or to speak to a solicitor.
There is a website called shelter and that should help you with a lot of information you may need and there’s always citizens advice bureau or even a solicitor.
Hi. As I understand it at the moment you are allowed to issue Section 21 and/or Section 8 but you have to give at least three months notice, instead of the usual 2 months for a section 21. ( Not sure what it is for a Section 8)
You can issue both Section 21 and Section 8 together.
So if you are going to issue these, it’s probably best to do so as soon as possible as I wouldn’t be surprised if this 3 month notice period is very soon extended further. I believe in Scotland it is now 6 months.
If you are unsure of how to proceed get advice as time and this situation is not on your side.
From what I have read it’s best to put every ground on which you have issue with.
As someone said it would be in your favour if you were able to demonstrate you have communicated with your tenants and have tried to resolve any problems to no avail.
But as your main ground is of needing to live in your property yourself maybe it’s not so important. Perhaps Sam knows.
I changed the tenant’s payment date early on but it didn’t seem to help, they have paid late every month for over a year. I will put this in the Grounds Explanation, cheers.
Me moving back in was agreed with the tenant over a month ago giving them 2 month’s notice however they then said by law they don’t have to leave. This came weeks before I was supposed to move in so I had already ended my own rental agreement.
I’m hoping one of the Openrent staff can advise me on my original questions.
It’s a nightmare on top of an already stressful event.
My other line of work has folded due to Gov movement restrictions meaning I couldn’t see clients and I had to pay 2 month’s notice on the room rent without taking any income during that time.
I am unable to claim any grants/benefits because my main income is rent so I’m not technically “Self Employed”.
I’ve sent the notice now, hopefully we can come to an agreement without it going to court.
hi Andy I must admit this all goes over my head . thats why I have an accountant. . I am no good with paperwork but quite good as a builder. Thats why I am not bothered if i dont get the self employment help in June as I have never had help, so dont expect it .The I R obviously decide things in their favour not the landlords . No wonder so many people find work on the side.
I can appreciate that Colin, it can be a bit of a headache reading through all of the guidelines and details!
I like to do things on my own, why pay an accountant if I can spend a day or two getting to grips with the details and save myself a few quid.
I’ve also never had help from the Gov, prefer to go my own way, but now I’m paying the cost of a Gov decision and not being compensated when others in financially better situations than me are getting help, it’s complicated and frustrating.
Andy .many years ago when i was much younger and did my own books I was called into a tax inspectors office and quized about my earnings Or my spends. They had ME wondering how I managed. All was ok. Then i decided to get an accountant I have never been quized since ,in 45 years . Peace of mind. He explains what he is doing every year but it still does not register with me ! I know I make enough money but not ythe tax system. I write everything down in my diary and accounts book ,staple all the receipts together but I dont add up the columns as I alwys get it wrong !! hence the accountant. I was never good at maths But have made some good investments just by my gut feelings
Andy, if you main income comes from property in your own name then you should be filing a SA Self Assessment to HMRC every year, why do you think you are not Self Employed?