Outstaying Your S8

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D
Defender
81 Posts
1 Thanks
Dave -

If I issue a S8 notice that expires after two weeks, if the tenant stays are they actually committing an offence?

Reason for the question is we will routinely issue a S8 ground 10 & 11 notice if tenant falls into 3-4 weeks arrears. We would never take this to court as both grounds are discretionary but it usually makes the point and we get paid the arrears.

However we are just issuing a S8 that will have a solicitor come-back. We are anticipating a response that we cannot do anything until ground 8 can be brought. Can we point out that the tenant is now illegally in the property as the two weeks have elapsed and the solicitor is therefore offering the tenant advice which is breaking the law?

Many thanks

04/11/2009 00:00

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