The grounds to serve a section 8 notice are found in Schedule 2 of the Housing Act 1988. Dear Forum, Back in January / Feb I served a section 8 notice on 2 tenants that stopped paying rent and were very abusive, but I was going to rely on Grounds 8,10,11 as difficult to prove that the tenant threatened to stab me in the back. Grounds The Housing Act 1988 provides 20 grounds on which the landlord may rely on when seeking possession. Grounds 2 and 8 of a section 8 notice are mandatory, meaning that if a landlord relies on one of these grounds and can prove to the court that one of them applies, then the court will have no choice but to issue the landlord with a possession order. If your landlord has stated any of grounds 1-8 on your notice of proceedings or summons and can prove that they apply to you, then usually the tribunal has to grant an order for your eviction. Section 8 – Notice seeking possession. Grounds for Eviction: Ground 14 – nuisance, annoyance or criminal conviction. Rent arrears is the most common reason for a section 8 notice. In many cases we will serve both Section 8 and Section 21 notices at Step1 and then act with the one that’s going to work best as circumstances change later. This only applies to mortgages that were in existence before the start of the tenancy. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. dear Forum I'm aiming to serve a Section 8 notice, using grounds 8, 10 and 11, but the form from this site has minimal room to write the full text of each grounds for question 3. also I cant seem to find the wording for Schedule 2 to the Housing Act 1988, as ameneded by … In this Section 8 form, you will have to include the grounds on which you are serving the notice. This practice note sets out the procedures for terminating an assured shorthold tenancy (AST) by the service of a notice under section 8 of the Housing Act 1988 … Section 8 Notice Ground Earliest date from service of section 8 notice when proceedings can be issued 1,2,5-7,9 and 16 (whether with or without other grounds, other than 7A or 14) Two months from service of notice, or, if longer, earliest date on Since the time of serving, these two tenants simply trashed my 10 bedroom HMO, have been The most common reason for landlords seeking possession and issuing a section 8 notice is rent arrears which is provided for by grounds 8, 10 and 11. In these cases it is at the court’s discretion whether to grant a landlord a possession order. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice. ... or you need to evict an anti-social tenant in an HMO who is causing all your good tenants to give notice and leave, if at all possible use section 21 rather than this ground. Grounds 1-8 are called mandatory grounds. If you are serving a Section 8 notice, then you must fill out this form. A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. Section 8 notice (grounds-based possession) Introduction. However, Grounds 2 and 8 of a section 8 notice are mandatory, meaning that if a landlord is evicting a tenant that has breached either of those grounds and can prove to the court that the tenant is guilty, then the court MUST be in the favour of the landlord and issue the landlord with a possession order. You must then serve it to the tenant according to the same rules as above. Grounds for Possession: Section 2 of the Housing Act 1988 provides 17 grounds that the Landlord may use in order to obtain possession of his property from the Tenant. The Notice must be served upon the tenant and include a legal description of the breach they have committed – These are known as Grounds. For Rent Arrears, perhaps the most common claim, the landlord relies on either one or a combination of grounds 8, 10 and 11. The Section 8 Notice must specify which ground(s) of possession the Landlord is using to obtain possession. Section 8 Notice – new Ground 7B. Conditions for Serving a Valid Section 8 Notice. Claims for Rent Arrears. The new prescribed form for the Section 8 Notice must be used in order for the Notice to be valid – but using the correct notice does not mean you will be automatically granted possession. Where not all of the occupiers are disqualified the landlord of a property can rely on the new Ground 7B when serving a Section 8 Notice. Section 21 or Section 8, deciding which eviction action to take. Other grounds … Grounds 9-17 are called discretionary grounds. Section 8 grounds include rent arrears, irregular rent payments or damage to a property. All other grounds … A section 8 notice is a notice seeking possession of a rented property from a tenant on grounds set under section 8 of the Housing Act 1988. The Housing Act 1988 and its subsequent amendments lays down certain circumstances or grounds under which a landlord applying for possession of a residential property may be successful. do so and alter/add grounds (section 8(1)(b) and 8(2)). The new ground 7B is a mandatory ground for possession and therefore the court must grant an order for possession of the landlord can evidence that the ground is made out. Section 8 Notice Grounds for possession. The main grounds for issuing a Section 8 notice when the tenant is not in arrears are: Ground 2: The house is being repossessed by the mortgage lender. •BUT not in respect of ground 7A or 8. From 29 August 2020 until 31 March 2021, landlords in England will, in most circumstances, need to give their tenants a minimum of 6 months’ notice unless the tenants are in at least 6 months' rent arrears. Before 26 March, a section 8 notice has various lengths that the notice is required to be depending on the specific grounds used from Schedule 2 Housing Act 1988.. From 26 March, the length for all grounds are to be read as if they say “three months” in all cases. We will always advise you after looking at your case. Notice period. Section 8 allows a landlord to seek possession using grounds 2, 8, 10 to 15 or 17 listed in Schedule 2 to the Act These include rent arrears and anti-social behaviour. Written notice of this possibility should be given before or at the start of the tenancy. Under the Coronavirus Act 2020, the notice period required for section 8 eviction notices has increased. A Section 8 notice - or simply an ‘eviction notice’ - is used by landlords in England and Wales to terminate an assured shorthold tenancy (AST) when a tenant has breached the agreement or fallen into rent arrears. Mandatory Ground 1 - Owner Occupation If a landlord seeks possession of a property by serving a Section 8 Notice under mandatory ground 1 for possession and can prove that the mandatory ground for possession has been satisfied, the Court will usually grant an outright possession order. In case of lender wish to repossess rental property which is a subject of a mortgage then notice period must be at least 2 months. The possession procedure under Section 8 of the Housing Acts 1988 & 1996 is known as the Section 8 Route and is available to landlords where the tenant is in breach of one or more terms of his tenancy – it’s a fault based system. The form to be used is a prescribed form [section 8(3)] – (3) A notice under this section is one in the prescribed form … The prescribed form is that found in The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 and paragraph 3 requires the grounds on which the landlord relies upon to be inserted and also – There are a number of grounds for possession which the Court will deem as either ‘mandatory’ or ‘discretionary’ possession, as outlined below: When serving a Section 8 Notice Seeking Possession under this discretionary ground for possession, landlords need to carefully consider whether the evidence available will satisfy this ground and whether if it likely the court will consider it reasonable to grant an Order for Possession in favour of the landlord. How much notice you should get if you have rent arrears. Your notice will mention grounds 8, 10 or 11 if you're facing eviction for rent arrears. The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. If a landlord requires possession of the property before the end of your fixed term shorthold tenancy, you must be served with a “notice seeking possession” and your landlord requires valid grounds as defined in the Housing Act 1988 How to serve Section 8 notice. The Possession Procedure – 1988 Housing Act. Under the Section 8 landlord has right to give a notice 14 days, 28 days or two months depending on the grounds. A landlord may use one ground or a combination of grounds if appropriate. With Assured Shorthold and Assured Shorthold Tenancies (AST), the Landlord can apply for possession after the expiry of a Section 8 Notice. Section 21. Section 8 Notices. 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