Page 2 | Section 8 served?

Limio92 · 2023-03-05T11:35:19+00:00

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.

Kerfuffler · 05/03/2023 13:21

This reply has been deleted

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

They can get it back - they just have to follow the correct process.

lookslikeabombhitit · 05/03/2023 13:22

Make sure that when they do issue the section 21 that it is valid:- Up to date gas cert, deposit protected in govt scheme within 30 days, right to rent booklet provided. DO NOT TELL THEM if it is incorrect. Doesn't sound like you should be issued a section 8 so again, if they go down that route don't tell them it's the wrong notice!

Unfortunately you have to play the game by your council's rules. If you tell the landlords/managing agents the notice isn't valid then you are contributing to making yourself intentionally homeless which the council will then use against you.

I hope you can find something OP. As a tenant this is something I live in absolute fear of. Rental prices have shot up so much around here that we simply will not be able to afford a new private rental should our landlord want rid of us. As it stands we're stuck in an overcrowded 2 bed as a family of 6. We'll be screwed finding somewhere else and will have to go down exactly the same route as you (with great reluctance, it isn't in me to be a pain in the arse to others!).

Housing in this country is absolutely broken.

Original poster

Limio92 · 05/03/2023 13:25

Kerfuffler · 05/03/2023 13:13

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

No formal notice, like Form 6A that I have been told about. It was in email formal stating they are giving 2 months notice to vacate the premises by this date.

OP posts:

Original poster

Limio92 · 05/03/2023 13:30

lookslikeabombhitit · 05/03/2023 13:22

Make sure that when they do issue the section 21 that it is valid:- Up to date gas cert, deposit protected in govt scheme within 30 days, right to rent booklet provided. DO NOT TELL THEM if it is incorrect. Doesn't sound like you should be issued a section 8 so again, if they go down that route don't tell them it's the wrong notice!

Unfortunately you have to play the game by your council's rules. If you tell the landlords/managing agents the notice isn't valid then you are contributing to making yourself intentionally homeless which the council will then use against you.

I hope you can find something OP. As a tenant this is something I live in absolute fear of. Rental prices have shot up so much around here that we simply will not be able to afford a new private rental should our landlord want rid of us. As it stands we're stuck in an overcrowded 2 bed as a family of 6. We'll be screwed finding somewhere else and will have to go down exactly the same route as you (with great reluctance, it isn't in me to be a pain in the arse to others!).

Housing in this country is absolutely broken.

This is exacly the predicament that many are in unfortunately. I will have to follow the councils procedure, I have not willing come to this situation just my circumstances. I would happily live in a camper van rather be a burden on the system, however I have two kids to think of. Thankyou for your advice.

OP posts:

Original poster

Limio92 · 05/03/2023 13:34

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?

This is extremely difficult to do. Properties have certain dates they can be moved into. If i wanted to move in earlier than my lease ending I would still needed to give them notice because they would lose rent. So i was in difficult situation being 8 months pregnant.

OP posts:

Kerfuffler · 05/03/2023 13:35

Limio92 · 05/03/2023 13:25

No formal notice, like Form 6A that I have been told about. It was in email formal stating they are giving 2 months notice to vacate the premises by this date.

Show quote history

Service of section 21 notice
A landlord is not required to serve a section 21 notice in any specific way. If the tenant does not acknowledge service, a landlord must prove that the notice was served.

The section 21 notice must be served by the tenant's immediate landlord or their agent.[20]
It is unclear if a notice served by email is valid. It is likely that a notice can be served by email where the tenant has agreed to accept notices by email or where the tenant accepts that they received the email with notice.

england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/section_21_notices_for_assured_shorthold_tenancies

Depending on the email you were sent, definitley speak to Shelter.
If they have tried to issue notice by email it should match the wording on an form 6a if they're arguing it should be considered valid.

www.gov.uk/guidance/assured-tenancy-forms#form-6a has an example of what a form 6a looks like.

Another question - has your deposit been protected under your new landlord?

LumpyandBumps · 05/03/2023 13:37

It sounds like any action will take a while as they haven’t yet started the formal process.
In answer to your initial question if possession is granted via court order the landlord could be granted an order for payment of court fees. The court application asks if the person taking action wants to apply for this ( at least it did in 2016 when I was forced to take action ).
The order for costs counts as a CCJ as far as I am aware, but I think there is a brief time where is doesn’t get recorded and if you settle it within that time it doesn’t show up. I would suggest taking advice from CAB or Shelter to get a definitive up to date answer though.

CornishTiger · 05/03/2023 13:38

In the email have they told you which section of the Housing Act 1998 they are giving notice under and does it include all the information required in Form 6A.

OhhhhhhhhBiscuits · 05/03/2023 13:39

Limio92 · 05/03/2023 13:25

No formal notice, like Form 6A that I have been told about. It was in email formal stating they are giving 2 months notice to vacate the premises by this date.

Show quote history

If they have not issued you a section 21, then they have not issues you notice to leave. An email does not negate the need for a section 21. They can write whatever they want in an email doesn't meann anything. They need to follow the law. So sit tight and wait for the section 21 to come. Then sit tight some more until they go to court (which will be many months after the section 21 date has passed). My betting is you will still be in the house in October and probably at Christmas.

CornishTiger · 05/03/2023 13:40

Ah @Kerfuffler explains it better.

FawnFrenchieMum · 05/03/2023 13:41

In answer to your question, a section 8 is NOT a CCJ. Once evicted if there is still outstanding monies owed the LL can then apply for a CCJ for the debt to be repaid.

Without any outstanding rent, you are very unlikely to receive a section 8 anyway, it will be a section 21.

Original poster

Limio92 · 05/03/2023 13:45

CornishTiger · 05/03/2023 13:38

In the email have they told you which section of the Housing Act 1998 they are giving notice under and does it include all the information required in Form 6A.

No, nothing of that sort. It was basically a informal email to say they are serving a notice. I replied i will aim to meet this notice if i am able to find somewhere else. We did not serve our notice to accept we will definitely leave by that date. That being said, we tried our best to find somewhere else with two kids in tow, as we didnt want to cause any issues.

OP posts:

CornishTiger · 05/03/2023 13:46

Also maybe posters who have no understanding of Housing law in relation to ending tenancies and the requirement to have your landlord get a possession order so that you aren’t treated as intentionally homeless by council can stop it with the “you’re an awful tenant” crap.

This is the unfortunate situation @Limio92 is in like 1000s of others. The extra pile on isn’t helpful.

Original poster

Limio92 · 05/03/2023 13:47

FawnFrenchieMum · 05/03/2023 13:41

In answer to your question, a section 8 is NOT a CCJ. Once evicted if there is still outstanding monies owed the LL can then apply for a CCJ for the debt to be repaid.

Without any outstanding rent, you are very unlikely to receive a section 8 anyway, it will be a section 21.

Aah i understand. Thankyou.

OP posts:

UB40andaglassofwine · 05/03/2023 14:06

Watching with interest. OP I'm in exactly the same position at the moment. Im a single parent with a child who has special needs. I'm loosing so much sleep and my hair is falling out due to worry. I really hope things work out for you. The housing/renting situation really needs to be addressed in this country