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. 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. 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. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. For Rent Arrears, perhaps the most common claim, the landlord relies on either one or a combination of grounds 8, 10 and 11. We will always advise you after looking at your case. 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 Grounds for possession. Grounds for Eviction: Ground 14 – nuisance, annoyance or criminal conviction. 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. You must then serve it to the tenant according to the same rules as above. 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. The Section 8 Notice must specify which ground(s) of possession the Landlord is using to obtain possession. 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. 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. Under the Section 8 landlord has right to give a notice 14 days, 28 days or two months depending on the grounds. Section 8 Notice – new Ground 7B. This only applies to mortgages that were in existence before the start of the tenancy. 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. 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. Conditions for Serving a Valid Section 8 Notice. 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 case of lender wish to repossess rental property which is a subject of a mortgage then notice period must be at least 2 months. Section 21. Claims for Rent Arrears. 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. Section 8 grounds include rent arrears, irregular rent payments or damage to a property. ... 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. The grounds to serve a section 8 notice are found in Schedule 2 of the Housing Act 1988. Section 8 – Notice seeking possession. Section 8 notice (grounds-based possession) Introduction. 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 – Section 21 or Section 8, deciding which eviction action to take. In these cases it is at the court’s discretion whether to grant a landlord a possession order. Your notice will mention grounds 8, 10 or 11 if you're facing eviction for 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. Grounds 1-8 are called mandatory grounds. Section 8 Notices. Since the time of serving, these two tenants simply trashed my 10 bedroom HMO, have been 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. 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 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. Grounds The Housing Act 1988 provides 20 grounds on which the landlord may rely on when seeking possession. 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. The Notice must be served upon the tenant and include a legal description of the breach they have committed – These are known as Grounds. The Possession Procedure – 1988 Housing Act. 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. A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. A landlord may use one ground or a combination of grounds if appropriate. 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. Notice period. Other grounds … 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. Under the Coronavirus Act 2020, the notice period required for section 8 eviction notices has increased. 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. In this Section 8 form, you will have to include the grounds on which you are serving the notice. Rent arrears is the most common reason for a section 8 notice. A section 8 notice is most commonly served on a tenant to seek for possession of the property where there has been a breach by the tenant of the tenants obligations. 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 There are a number of grounds for possession which the Court will deem as either ‘mandatory’ or ‘discretionary’ possession, as outlined below: If you are serving a Section 8 notice, then you must fill out this form. Written notice of this possibility should be given before or at the start of the tenancy. All claims for possession during the fixed term must be preceded by correctly serving a Section 8 Notice. All other grounds … 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. How to serve Section 8 notice. •BUT not in respect of ground 7A or 8. The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. With Assured Shorthold and Assured Shorthold Tenancies (AST), the Landlord can apply for possession after the expiry of a Section 8 Notice. Grounds 2 to 8 of a section 8 notice are mandatory, grounds 9-17 are discretionary, meaning that the court will not necessarily rule in the landlord’s favour even if he can prove that one of the grounds applies. 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