Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Section 8 served?

40 replies

Limio92 · 05/03/2023 11:35

Can anyone tell me if a section 8 is CCJ against the tenants name? My landlord will most likely be getting a court order to have me evicted, as I cannot find anywhere to go. I have a baby, spoken to Shelter who have advised me on the procedures needed to be followed but I forgot to ask this. The house I am renting was put up for sale in July 2022, my AST ending on September, however sale was completed in January 2023. New owners want us out, and have stated we were aware of the sale so they have served us 2 month notice which has expired, so now we will have to go through the legal eviction process. I have tried my best to secure a different place, but EA are so fussy. I am trying to be difficult tenant, pay rent on time and am a good tenant with me, my husband, 2 year old and a baby.

OP posts:
RedCarsGoFaster · 05/03/2023 11:52

Have you registered with the council to try to get a council flat or house? They will at least be able to help with initial emergency accommodation, even if it's a crap hotel, if you are evicted.

A S.8 is served when you've broken the terms of your tenancy - which terms are they saying you've breached? Are you in any arrears?

england.shelter.org.uk/housing_advice/eviction/eviction_after_a_section_8_notice

Original poster
Limio92 · 05/03/2023 12:04

RedCarsGoFaster · 05/03/2023 11:52

Have you registered with the council to try to get a council flat or house? They will at least be able to help with initial emergency accommodation, even if it's a crap hotel, if you are evicted.

A S.8 is served when you've broken the terms of your tenancy - which terms are they saying you've breached? Are you in any arrears?

england.shelter.org.uk/housing_advice/eviction/eviction_after_a_section_8_notice

No we have not broken any terms of the tenancy, we pay rent on time and are generally good tenants. They want property vacant to do refurbishments. The local council will only help if a section 21 or 8 or both have been given, otherwise if we leave, it will be classed as intentionally homeless.

OP posts:
Kerfuffler · 05/03/2023 12:07

If they've incorrectly served a s8 and try to take it to court, the case will just be thrown out.

Same with a s21.

If you haven't broken any of your tenancy agreement then a s8 is the wrong notice.

gogohmm · 05/03/2023 12:14

I disagree, your lease ended in September, you didn't leave. You are being a very difficult tenant and you will now struggle to get any landlord to take you on. Your best approach is to move out asap

gogohmm · 05/03/2023 12:16

It's what gives tenants a bad name and puts people with empty properties off renting them (eg we are planning a few months overseas but we daren't rent our home despite great need in the area because we need it back to live in)

Kerfuffler · 05/03/2023 12:16

Are you not aware that at the end of a fixed term, it becomes a rolling tenancy @gogohmm ?

Kerfuffler · 05/03/2023 12:19

Oh, and in your case if you've previously lived there and want to move back in, you would be likely to have an s8 granted.

This doesn't apply in OP's case -current landlord hasn't ever lived there, and the previous one was not intending to move in after evicting her.

mondaytosunday · 05/03/2023 12:28

But surely if she was served notice to quit under the terms of her lease and then did not move out she has broken the terms of the tenancy?

Kerfuffler · 05/03/2023 12:30

mondaytosunday · 05/03/2023 12:28

But surely if she was served notice to quit under the terms of her lease and then did not move out she has broken the terms of the tenancy?

Only if it is a valid notice to quit. In this case, a section 8 notice is not valid.

A section 21 should have been issued.

monsterradeliciosa · 05/03/2023 12:34

contact the housing department in the council

take your eviction notice to show them

ask to go on the housing list and for temporary accommodation in the meantime

Original poster
Limio92 · 05/03/2023 12:37

Just to add.
We only got given the 2 month notice after sale of property was completed in January. Our assured shorthold tenancy ended on 10.09.22 after that the estate agents and us were in a rolling contract. During this time we were given the impression that the new owners are investors who will keep us on as tenants. However when sale was completed, we were given 2 months from January 12 upto March 12.

The two months we have searched for somewhere else, but we have had no luck as estate agents are so picky and no success in private as well.

We have not deliberatley wanted to be in this situation. So no, we are not being difficult, just unsuccessful with getting viewings or being considered for properties advertised.

OP posts:
Kerfuffler · 05/03/2023 12:37

In answer to the OP's question though, if a valid notice to quit is granted by a court, a CCJ or money order is normally issued to recover rent arrears - which you don't have.

If your landlord wanted you to cover legal costs of going to court, again they would need to apply for this.

titchy · 05/03/2023 12:40

gogohmm · 05/03/2023 12:14

I disagree, your lease ended in September, you didn't leave. You are being a very difficult tenant and you will now struggle to get any landlord to take you on. Your best approach is to move out asap

Seriously don't give bollocks legal advice on something you know nothing about. OP has not been a bad tenant, she is on a rolling contract and paying her rent. She hasn't been served the correct notice so is under no obligation to do anything until the right notice has been served.

rambunctiousrapscallion · 05/03/2023 12:43

I really feel for you OP and those having a go, none of this is her fault. Its part of a broken system. Round here my sister is a young, single professional earning over the national average and it took her months to get a flat to rent. She doesnt drink, smoke and had a good credit score but she hadnt rented previously so didnt have a landlord reference and couldnt do 6months up front but she did have a guarantor. It was absolutely crazy to me. Even if you are a great bet its still really hard so anyone else less than perfect is going to really struggle. So for everyone saying 'move out now, go private' its not that easy.

In order to get help you have to get evicted. Thats the fact of the matter. Blame the council policy for this situation. OP doesnt want to be evicted anymore than the owners want to go through the process of evicting but if she doesnt let this play out then shes on her own.

Op just sending best wishes. Its a shit storm of a situation that needs urgent attention but everyone is out for themselves, dont let them make you feel guilty and follow council and shelter advice to the letter.

Original poster
Limio92 · 05/03/2023 12:44

The new owners are stating that we had plenty of notice when property was put on sale. This is true, but why should we have had to be searching for a new place 2 months before our contract ended. There were no properties that were available closer to that date to be moved into. So we waited, until the contract ended as we were due to have a baby as well so it was difficult.

They should not be stating this as part of their reason to have us evicted. The estate agents took money for the 4 months of rolling contract until the sale completed.
So going by that argument they were also aware we are were in situ tenants.

OP posts:
Kerfuffler · 05/03/2023 12:46

Yeah, notice isn't given until it's correctly issued.
If you haven't been given an s21, it hasn't been issued.

They would absolutely have been aware that they were taking it on with existing tenants.

Original poster
Limio92 · 05/03/2023 12:47

rambunctiousrapscallion · 05/03/2023 12:43

I really feel for you OP and those having a go, none of this is her fault. Its part of a broken system. Round here my sister is a young, single professional earning over the national average and it took her months to get a flat to rent. She doesnt drink, smoke and had a good credit score but she hadnt rented previously so didnt have a landlord reference and couldnt do 6months up front but she did have a guarantor. It was absolutely crazy to me. Even if you are a great bet its still really hard so anyone else less than perfect is going to really struggle. So for everyone saying 'move out now, go private' its not that easy.

In order to get help you have to get evicted. Thats the fact of the matter. Blame the council policy for this situation. OP doesnt want to be evicted anymore than the owners want to go through the process of evicting but if she doesnt let this play out then shes on her own.

Op just sending best wishes. Its a shit storm of a situation that needs urgent attention but everyone is out for themselves, dont let them make you feel guilty and follow council and shelter advice to the letter.

Thankyou. I am a person who hates confrontations and arguments, this is my worst nightmare to cause anyone any aggro. But I am hopeless, with 2 young children. I have no other choice.

OP posts:
CrotchetyQuaver · 05/03/2023 12:59

Just let things roll on and see what happens. I'm not a lawyer but it sounds like they have done it wrong (and you are paying and they are presumably accepting your rent).

You need to get in contact with shelter and your local council for advice about future homelessness prevention as it sounds like they are ultimately going to evict you if you don't find anywhere in the meantime. The eviction process takes time and they might have served the wrong notice by the sounds of it (but I don't know)

OhhhhhhhhBiscuits · 05/03/2023 13:04

Under what grounds have they issued a section 8 notice? Rent arrears? Anti social behaviour etc..... it should say under which grounds a section 8 has been issued. Without knowing that its hard to advise you.

Also to a PP a piece of paper doesn't end a tenancy, only a court or a tenant can end the tenancy. Section 21 is only showing that the landlord is going to issue eviction proceedings. You do not have to leave after receiving a section 21. The landlord would then apply to the courts for the eviction. This is what most councils would advise to wait for before they will help with housing.

Original poster
Limio92 · 05/03/2023 13:11

OhhhhhhhhBiscuits · 05/03/2023 13:04

Under what grounds have they issued a section 8 notice? Rent arrears? Anti social behaviour etc..... it should say under which grounds a section 8 has been issued. Without knowing that its hard to advise you.

Also to a PP a piece of paper doesn't end a tenancy, only a court or a tenant can end the tenancy. Section 21 is only showing that the landlord is going to issue eviction proceedings. You do not have to leave after receiving a section 21. The landlord would then apply to the courts for the eviction. This is what most councils would advise to wait for before they will help with housing.

Sorry for confusing you. They have not served a section 8 but I know it is impending because they have nothing to lose as new owners. They want the property to do refurbishments, that being it needs to be vacant according to them. In short words, they will not want us as tenants in it. I wanted to ask whether a section 8 becomes a CCJ against us. We are not in rent arrears so then it wont be. They will most likely start the eviction process, I understand now with a section 21 to inform legal process has started, then the court bailiffs to do the actual evcition.
I hate that i am in this situation and I am having sleepless nights of whats to come.

OP posts:
Ceryneianhind · 05/03/2023 13:12

It is a terrible system, and it should be easier to get homed without the LL having to evict you and you having to wait to be evicted - the only people making money on this is the courts

This is true, but why should we have had to be searching for a new place 2 months before our contract ended.

2 months is a good time to start looking though is it not?

Kerfuffler · 05/03/2023 13:13

Have they actually issued any formal notice of repossession to you, section 8 or otherwise?

OhhhhhhhhBiscuits · 05/03/2023 13:15

Limio92 · 05/03/2023 13:11

Sorry for confusing you. They have not served a section 8 but I know it is impending because they have nothing to lose as new owners. They want the property to do refurbishments, that being it needs to be vacant according to them. In short words, they will not want us as tenants in it. I wanted to ask whether a section 8 becomes a CCJ against us. We are not in rent arrears so then it wont be. They will most likely start the eviction process, I understand now with a section 21 to inform legal process has started, then the court bailiffs to do the actual evcition.
I hate that i am in this situation and I am having sleepless nights of whats to come.

Show quote history

So they have issued you a S21? When was this issued, was it issued correctly?

This is only an intention to take the property back and does not mean you have to leave. You could still have months in the property if you cannot fund somewhere else to live or what to attempt to get the council to house you.

Do you want to leave?

GoAgainstNicki · 05/03/2023 13:16

gogohmm · 05/03/2023 12:14

I disagree, your lease ended in September, you didn't leave. You are being a very difficult tenant and you will now struggle to get any landlord to take you on. Your best approach is to move out asap

Please don’t listen to this bullshit!

You’re on a rolling contract and still paying your rent. If they want you out then they need to serve you a section 21 notice. Like you’ve said, the council will only help you if you’ve received this otherwise they’ll say you’ve made yourself voluntarily homeless

Iusethem · 05/03/2023 13:20

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Swipe left for the next trending thread