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Invalid Section 8? What to do?

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AndyStart
AndyStart
3 Posts
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Hi there,

On June 3rd I issued a Section 8 notice to a tenant renting a room in a four bedroom HMO.

The tenant is currently in 4 months rent arrears.

The tenant is receiving legal aid and their solicitor has filed a defence and counterclaim.

The main item on the defence is that the Section 8 is invalid as I (foolishly) did not make reference to the specific room the tenant rents on the notice, I only put the property address.

The hearing has been set for October 4th.

I have a number of questions that I am struggling to get an answers to, but my main question is, assuming the Section 8 is invalid, what is the best way for me to proceed from here?

Also, what would be the implications of me serving a valid Section 8 between now and the hearing? Would a new Section 8 supersede the last or would the court only look at the original Section 8 that was served.

Finally, if there is little hope for me with this hearing, what steps should I be taking now to gain possession of the room?

Any help and advice is much appreciated.

A couple of other points:

1: I have not instructed a solicitor and am a little reluctant to do so, if the significant likelihood is that the claim will be dismissed due to an invalid Section 8.

2: I did not provide the tenant with a copy of the gas safety certificate when they moved in back in May 2018

04/09/2019 13:16

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