The current tenant is a tenant heir and is not named on the original tenancy agreement. In this case the mortgage in question has to predate the start of the tenancy. Section 21. You must serve notice seeking possession of the property on the tenant before starting court proceedings. Primarily, the presence of the government and rules of the Section 8 program provide only a few grounds for evicting a tenant, making it more difficult. Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing— The property was let to the tenant as a condition of their employment but the employment has now come to an end. 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How to serve a Section 8 notice? Go to the Main Legal 4 Landlords Website. To make a Section 8 form valid, the landlord must state which grounds the tenant has breached according to Schedule 2 of the Housing Act 1988. Ground 2 for example, requires a minimum of 2 months’ notice but grounds 8, 10, 11, 12, 13, 14, 15, 16 and 17 only require 2 weeks’ notice. That is, landlords will always need to be able to demonstrate a ground for eviction exists. There are no major differences between the grounds that a landlord may use to evict a Section 8 tenant and a normal tenant. Grounds 9-17 are called discretionary grounds. ... helping landlords are agents nationally with a guaranteed eviction service and free advice line. Ground 8 is often cited in conjunction with Grounds 10 and 11 so that a partial payment by the tenant just prior to the court hearing doesn’t render the possession order obsolete. Tenant eviction can be a bit of a minefield for the uninitiated landlord and the safest and fastest way to evict a tenant is to use a tenant eviction specialist, like Legal 4 Landlords who take care of all the paperwork and appoint trained legal teams to deal with the hassle. 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. Served with a creditors winding up petition, Construction Pre-Action Protocol procedures, Non-Contentious Construction & Engineering. Tags: None. Housing eviction in the United States is usually a matter of state and local law. With a Section 8 notice, landlords already had to have grounds for kicking you out. Grounds for Eviction; The Deregulation Act Explained; Tips; Grounds for Eviction: Ground 7 – after the death of a tenant. Legal reasons for … Under the Housing Act 1988, a landlord is entitled to take possession of a property and issue a Section 8 notice when a tenant breaches certain criteria. Most commonly, a Section 8 Notice is used when a tenant fails to pay rent. The Possession Procedure – 1988 Housing Act. The landlord can still use a section 21, which allows them to evict the tenant without any reason. If there are large rent arrears and the tenant has means to pay or there is a guarantor, Section 8 is the obvious choice. There are 17 different grounds for eviction, which were divided into two categories - Mandatory grounds and Discretionary grounds: No, you can serve new notices while the legal process continues for an existing notice. This mandatory ground for possession is not open for landlords who have bought a property during a tenancy. The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. March 9, 2016 by Ben Reeve-Lewis. Free Advice Line: 0800 840 7133, Legal 4 Landlords Blog Some grounds are mandatory grounds for possession, which if proven means the court must make a possession order. rent arrears), consequently the landlord wishes to terminate the tenancy during the fixed term. These are the mandatory grounds 1 – 8 Ground 1: The Landlord requires possession as he used to occupy the property as his main home or he now wishes to occupy the property as his main home. In general, a Section 8 tenant has to pay 30 to 40% of the rent while the local housing authorities will cover the remaining 60 to 70%. Section 8 Notice to Quit This is the legal notice you need when a tenant has failed to pay rent on time or in full and you either want them to leave your property immediately or give a final legal warning that eviction will be the next step if they do not pay you. The evidence of the landlord and any evidence submitted by the tenant is looked at closely and factors such as hardship and extenuating circumstances suffered by the tenant are taken into consideration. Section 8 notices have a notice period of either 2 weeks or months. That means that after this reform, landlords will presumably only be able to use the Section 8 process to evict tenants. NYCHA Certification of Basis for Eviction in Section 8 Eviction Cases. Failure to state the grounds in the notice may cause delay in getting court possession order(!!!). Rent Guarantees A section 8 notice is a landlord's first step towards ending either: an assured shorthold tenancy; an assured tenancy; To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. To control which cookies are set, click Settings. Which means court proceedings, not merely service of a section 8 notice. In total, there are 17 grounds for which a landlord can seek to evict … 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 Discretionary Grounds – this covers Grounds 9 to 17 and in these cases the court will only grant possession if it feels it is reasonable to do so. The landlord requires the property in order to use it as their main residence. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). The landlord must serve a Section 8 notice within 12 months of the death of the named tenant. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. Grounds 2 and 8 are always granted the order but the circumstances surrounding the other grounds are carefully considered by the court before a decision is made. The grounds to serve a section 8 notice are found in Schedule 2 of the Housing Act 1988. The validity of Section 8 notices remains unchanged by the Coronavirus Act 2020. Is it best to keep it short and sweet or give as much information and as many reasons and grounds as possible - I don't want to go on and on and on if it goes against me. All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction. A Section 8 notice (also known as a Notice to Quit) enables you to remove a tenant as they have breached their contract and therefore the landlord has grounds for possession. In order to rely on this mandatory ground for possession, section 8 notice landlord must prove he or she intends to demolish, reconstruct or perform substantial works to the whole / part of the property and these works cannot be carried out whilst the tenant remains in residence. What are the legal grounds for Section 8 evictions? You can learn more detailed information in our Privacy Policy. They must specify the full text of the ground relied upon. If court papers haven’t been filed within 12 months of the death then a landlord could lose. Mandatory Grounds for Section 8 Eviction. Tenants conducting illegal activities on or near the property are also grounds for Section 8 evictions. These grounds for possession, under Schedule 2 of the Housing Act 1988, fall into 2 main categories and are listed below. The property is being let by an educational institution and is now required by students of the educational institution. Primary examples of such breaches include: The tenant refusing to pay for property damages caused by abuse or negligence by the tenant, listed occupants or the tenant's guest. This means that if the landlord can prove that this ground applies, the court will grant a possession order. After thorough reading on-line, I represented myself and used Section 8 Grounds 10 and 11 but the order was “discretionary”. These laws establish the grounds needed to evict a tenant and the process that must be followed for the eviction to be legal. Grounds 1, 2, 5, 6, 7, 9 and 16 – at least 2 months It is used in England and Wales and is part of the Housing Act 1988. The property is owned by a religious body and they require possession for a member of their church i.e. Have You Received A Personal Liability Notice? Do You Need Bankruptcy Or Insolvency Advice? Interestingly, where a landlord is able to rely on this mandatory ground for possession, s/he is not obliged to provide alternative accommodation but will be required by pay the tenant’s removal expenses. The Housing Act 1988 as amended by the Housing Act 1996 lays down certain circumstances (grounds) under which a landlord may successfully apply to court for possession. 138787 Clerkenwell. This ground is similar to those often found in commercial leases and applies. The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. Call one of our advisers now for a informal consultation. WTT[P][REAFL] Residential Evictions - acting for Landlord, WTT[P][REAFL] Residential Evictions – acting for Landlord, © 2006 - 2006document.getElementById('footer-year').textContent = (new Date()).getFullYear() FWJ Legal Limited, trading as Francis Wilks & Jones. The landlord is required to pay all reasonable removal costs if possession is granted. Section 8 - More or Less Grounds for Eviction 07-10-2018, 21:45 PM. This is the date that the tenant has to have paid their rent arrears by, or have vacated the property by, and in nearly 80% of cases the tenant leaves or pays before this date arrives. What is a section 8 notice? Grounds for Eviction: Ground 7 – after the death of a tenant. Grounds for Eviction: Ground 8 – the mandatory rent arrears ground March 24, 2016 by Ben Reeve-Lewis This is the wording from the Act. A section 8 notice landlord seeking to rely on this mandatory ground for possession is required to give at least two months’ notice in writing. Join Date: Feb 2014; Posts: 24826 #2. Hi all On a Section 8 my tenant has breached numerous grounds on the Section 8 form. Third-Party cookies are set by our partners and help us to improve your experience of the website. Click here for a full list of third-party plugins used on this site. Ground: Explanation: Key Legislative Excerpts : Notice Period: 1: Landlord moving back into a property they previously lived in, to use as their principal home. If a possession order is granted it normally takes effect within 14 days, but in cases of true hardship on the part of the tenant this can sometime be extended to six weeks. If you want to evict a tenant under English law, there has to be a clear and legal reason for the eviction. Who brings a Director Disqualification Claim? Fast Track Eviction Section 8 Notice. The tenant needs to have refused to live in all or part of the property while work is carried out for this ground to be feasible. A no fault eviction would act in the exact opposite way, so it’s invalid. At some time before the beginning of the tenancy, the landlord who is seeking possession …occupied the dwelling-house as his only or principal home : 2 months: 2: Property being possessed … The tenant has failed to pay more than 8 weeks rent in the case of weekly payments, 2 months in the case of monthly payments or 1 quarter in the case of quarterly payments. Your landlord might be able to evict you using a section 8 notice if, for example: you don't pay your rent, or pay it late; you've got a pet but your tenancy agreement says you can't keep pets; you've damaged your home; You might be able to defend your section 8 notice if … Section 8 – Notice seeking possession. What happens after the Section 8 Notice has been served? 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. knowledge of tenant evictions is second to none, that’s why they are the UK’s leading tenant eviction specialists! California Tenant’s Guide —Learn about the rights and responsibilities of tenants and landlords in California, including evictions, security deposits, landlord obligations, and more. The tenant has neglected or damaged the property, or they have sublet the property to another individual who has neglected or damaged the property. Section 8 notice: grounds. If the tenant refuses, the landlord can start court possession proceedings on the day following the date cited on the Section 8 form. PIMS Eviction FlowChart . It can save you from serious financial loss. To do this the landlord has to acquire forms N5 and N119 from their local county court and pay the appropriate court fee. To make a Section 8 form valid, the landlord must state which grounds the tenant has breached according to Schedule 2 of the Housing Act 1988 All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction. the NEW Section 8 Eviction Notice MUST BE USED . The rent is in arrears but by no more than 8 weeks in the case of weekly payments, 2 months in the case of monthly payments and 1 quarter in the case of quarterly payments. Section 8, also known as the Section 8 notice to quit or the Section 8 possession notice, is a prerequisite if the landlord of an assured tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession. Laws Governing a Section 8 Eviction In a Section 8 eviction the landlord must abide by state and local laws governing evictions and the terms set forth in the lease. Mandatory Grounds – this covers Grounds 1 to 8 and if one of these grounds is cited on a Section 8 form the court must grant possession to the landlord. Learn when and how to evict Section 8 tenants in this step by step guide. (c) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part I of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part II of that Schedule. Section 8 laws are complex, and a successful Section 8 notice requires you to be precise. In short, just asking can you Serve another Section 8, using new grounds as they have appeared / happened within the same eviction application. Section 8 can be used during the fixed term, unlike section 21 which must be used after the fixed term has ended – the AST has a minimum term of 6 months. To get your property back from your tenant the very first thing you will need to do is to serve your tenant with a valid Section 8 notice to quit. Depending on the reason for eviction, a Section 8 notice can be given to a tenant for a period of 2 weeks, 4 weeks or 2 months, after which time the tenant will be asked to leave. 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. I was very impressed with the work undertaken by the team at FWJ. A landlord is only permitted to issue a Section 8 Notice in the event that a tenant breaches the terms of the tenancy agreement. Mandatory Grounds – this covers Grounds 1 to 8 and if one of these grounds is cited on a Section 8 form the court must grant possession to the landlord. To evict a tenant before the fixed-term expires, the landlord has to provide grounds which to support their claim. The tenant is repeatedly late with payments or repeatedly fails to pay their rent until prompted by the landlord. Dear Forum, Had a first part of a hearing for possession today, which went semi OK as Judge has agreed for it to go to next stage, but advised that my Section 8 form was invalid. All Rights Reserved A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. Typically, this means that the tenant must receive written notice anywhere from sixty to ninety days prior to the impending eviction. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. Registered in England and Wales (Reg No 8582930). Senior Member . This ground can only be used if the landlord used the property as their main residence prior to the tenancy beginning. 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 … All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction. The landlord wants to demolish and reconstruct, or redevelop all or part of the property. So the assumption everyone is making is that Section 8’s grounds will be revised and expanded, and the eviction process will be sped up and optimised. For the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, within the meaning of the Charities Act 1993. Unlike a “notice to quit”, a “notice to seek possession” is a very tenant fault eviction. Under Schedule 2 of the Housing Act 1988, which is used in England and Wales, you can evict a tenant on seventeen different grounds using a Section 8 notice. Written notice that this may happen must be served before the tenancy begins. We use cookies to optimise site functionality and give you the best possible experience. The most common type of breach is the non-payment or late payment of rent, however, damage to the property, unsociable conduct, and subletting are also grounds for a possession order. The tenant is considered a nuisance to neighbours or other tenants and has received complaints concerning their conduct. The UK's leading tenant eviction specialists. In some cases, a landlord may have limited grounds to choose from when trying to evict a Section 8 tenant, and an experienced eviction lawyer can assist the landlord in proving his or her case. Will a Section 8 guarantee that a possession order will be granted? The technology to maintain this privacy management relies on cookie identifiers. Francis Wilks & Jones are leading experts on Section 8 Notices. 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I have used the same form for years (Statutory Instrument 1997 No. Section 8 Notice to Seek Possession. March 9, 2016 by Ben Reeve-Lewis. Changes to due coronavirus outbreak 25-11-2020, 13:00 PM. This then starts the process of gaining a possession order. A Section 8 notice to quit, sometimes referred to as a Section 8 possession notice has to be completed and served correctly on the tenant(s) of the rental property, allowing the landlord to seek possession of the rental property from the tenant during the term of the Assured Shorthold Tenancy (AST). Section 8 notices continue to be valid for 12 months after they are served. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Would you like to be contacted by email or phone? The Certification of Basis for Eviction (“Certification”) is a one page form that a landlord has to prepare and provide to NYCHA that gives them notice of the intent to evict a tenant, and of the landlord’s basis for eviction. 1. The personal information you have provided will be used by us to respond to and deal with your enquiry, and will be retained in accordance with ourprivacy policy. A Section 21 is served to give ‘notice of possession’ to the tenant, which is when the landlord wants the property back at the end of the tenancy, which importantly means, it isn’t an eviction. The regulations refer to ‘notices of eviction’ which is intended to refer to notices from a bailiff of a date and time that the tenant will be evicted by a bailiff or high court enforcement agent. If you need or want legal advice on starting the eviction, discuss the case with a solicitor. 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 … Grounds for Eviction for Fixed-term AST. All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction. Resources … In this Section 8 form, you will have to include the grounds on which you are serving the notice. What we prefer about the Section 8 Eviction Procedure. Grounds 1-8 are called mandatory grounds. You must then serve it to the tenant according to the same rules as above. Click here for a full list of Google Analytics cookies used on this site. jpkeates. Grounds for Possession – Assured Shorthold Tenancies. In practice, most landlords only use this notice where the tenant is in at least two months of rent arrears and the fixed term of the tenancy has still got some time to run. I was delighted by the work done by the team at FWJ. The AST is the default residential tenancy in England and Wales, which means that if you let any residential property (not lodgers or live-in landlords) you will automatically create an AST, unless you specify otherwise. If you rent from a private landlord, the contract you likely use is Assured Shorthold Tenancy Agreement (AST). These grounds for possession, under Schedule 2 of the Housing Act 1988, fall into 2 main categories and are listed below. In order to rely on this mandatory ground for possession, section 8 notice landlord must prove he or she intends to demolish, reconstruct or perform substantial works to the whole / part of the property and these works cannot be carried out whilst the tenant remains in residence. At the state opening of Parliament on 19 December 2019, the Queen’s Speech announced a Renters’ Reform Bill that will abolish the use of ‘no fault’ evictions by removing Section 21 of the Housing Act 1988 and reforming the grounds for possession. Here after this date ALL section 8 Notices given for properties located in England - MUST include amendments that allow for inclusion of "SECTION 97 OF THE ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014" Any Section 8 issued after this date that does not comply will be invalid read more about new laws. The Section 8 notice needs to show that the tenant has breached the conditions of the tenancy agreement, any term or condition of the tenancy agreement that is seen to have been broken constitutes a breach. 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When your tenant receives this they will know that you are looking to regain possession of your property and would like them to leave by the date set on the notice. Resources for Public Housing and Section 8 Information Housing and Urban Development (HUD) Guidelines —Find out if you qualify for public housing programs and learn more about them. L4L Agents Login Join L4L Request Info The property was let on the basis of false information provided by the tenant or one of their referees/ guarantor. Many thanks. The upside to being a Section 8 … Section 8 notice when evicting a tenant under section 8 notice. Now for a member of their church i.e period of either 2 weeks months... Or she can help you complete the Section 8 eviction may be difficult for both and! Complete the Section 8 notices continue to be valid for 12 months of the same and! 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