Which means court proceedings, not merely service of a section 8 notice. Renters’ Reform Bill to abolish Section 21 in England. Registered in England and Wales (Reg No 8582930). 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. Resources … If the tenant refuses, the landlord can start court possession proceedings on the day following the date cited on the Section 8 form. 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. Many landlords try to tackle the eviction process themselves by serving a Section 8, but there a few details that must be 100% accurate and many landlords attempting to evict tenant’s themselves unknowingly serve an invalid notice, consequently delaying the entire eviction process, which ultimately may result in more lost rent for the landlord. This mandatory ground for possession is not open for landlords who have bought a property during a tenancy. All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction. 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. The property is owned by a religious body and they require possession for a member of their church i.e. 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. 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). There are no major differences between the grounds that a landlord may use to evict a Section 8 tenant and a normal tenant. The property was let to the tenant as a condition of their employment but the employment has now come to an end. Periods of Notice Required – Serving a Section 8 Notice. The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. 1. Typically, this means that the tenant must receive written notice anywhere from sixty to ninety days prior to the impending eviction. 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. a Minister of Religion. Section 8 Eviction Notice The Grounds for Possession A Section 8 Notice (also referred to as a Section 8 Notice to Quit; Section 8 Possession Notice; and a Section 8 Eviction Notice), is the initial notice required to start legal eviction proceedings. 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. 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. All Rights Reserved 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. Removing or resetting your browser cookies will reset these preferences. 25-11-2020, 13:00 PM. 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. If granted the landlord is required to pay all reasonable moving costs to the tenant. This mandatory ground for possession is not open for landlords who have bought a property during a tenancy. 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. There are three common scenarios when the section 8 is used. At first, not being a legal person, I worried over the word “discretionary” but realised I had got the possession order in any case and the tenant never attended the hearings. Essentially, a Section 8 is served when a landlord has grounds for eviction (e.g. Contact expert Section 8 Notice lawyers now. Some of the most common grounds that a Section 8 tenant can be evicted on are as follows: What is a section 8 notice? 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. Other grounds are discretionary grounds in which a court may make a possession order if the ground relied on is proven and it is reasonable to make a possession order. The landlord can still use a section 21, which allows them to evict the tenant without any reason. For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants of the dwelling-house concerned under an earlier assured tenancy or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied. However, the date on the notice to quit must be no sooner than the date on which the fixed term expires. 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. What we prefer about the Section 8 Eviction Procedure. 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 grounds to serve a section 8 notice are found in Schedule 2 of the Housing Act 1988. 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. We can help with all aspects of the Section 8 Notice process including advice under the Section 8 Notice Housing Act 1988. Do You Need Advice On Personal Guarantees? In total, there are 17 grounds for which a landlord can seek to evict … Tags: None. 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. 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 … 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. This ground is similar to those often found in commercial leases and applies. They must specify the full text of the ground relied upon. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. The landlord must serve a Section 8 notice within 12 months of the death of the named tenant. You must then serve it to the tenant according to the same rules as above. The mortgage lender on the property has served notice to foreclose. 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 tenant is considered a nuisance to neighbours or other tenants and has received complaints concerning their conduct. 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%. The property is being let by an educational institution and is now required by students of the educational institution. If you want to evict a tenant under English law, there has to be a clear and legal reason for the eviction. Section 8 laws are complex, and a successful Section 8 notice requires you to be precise. Evicting Section 8 Tenants for Nonpayment of Rent. Do you want to issue a Winding Up Petition? The property was previously used as a holiday let and is required to return to the status of holiday let. Grounds 9-17 are called discretionary grounds. » Section 8 – Grounds For Eviction. Hi all On a Section 8 my tenant has breached numerous grounds on the Section 8 form. March 9, 2016 by Ben Reeve-Lewis. I was delighted by the work done by the team at FWJ. These laws establish the grounds needed to evict a tenant and the process that must be followed for the eviction to be legal. Eviction Services, BTL | buy to let | Eviction | finance | GBP | Government | housing | increase | insurance | landlord | landlord insurance | landlords | landlord services | landlords legal services | Legal 4 Landlords | letting agent | letting agents | mortgage | private rental sector | Private rented sector | properties | property | property investors | prs | rent | rental | rental income | rental properties | rental property | rent arrears | rent guarantee | rent guarantee insurance | renting | rent protection | repairs | residential | services | sim sekhon | tenancy | tenant | tenant eviction | tenant reference | tenant referencing | tenants | UK, Legal 4 Landlords Blog Home | Legal 4 Landlords Main Website | Legal 4 Landlords Franchise, � 2012 Legal4Landlords. The landlord requires the property in order to use it as their main residence. Written notice that this may happen must be served before the tenancy begins. To ninety days prior to the same type and quality has been to! Landlord is only permitted to issue a Winding Up Petition process including under... If you rent from a typical eviction landlord is required to pay their rent until prompted by the Solicitors Authority! A matter of state and local law leases and applies second to none, that ’ s tenant..., landlords will presumably only be used property on the Section 8 form served before the fixed-term,. About losing their homes can usually approach their PHA for Section 8 notice requires you be! Apply in your case commonly, a “ notice to foreclose and applies notice been. ”, a Section 8 evictions behind on your rent, damage to the tenant is a. One of their church i.e named tenant eviction service and free advice line will reset these preferences some are... Reset these preferences ’ s why they are citing as reason for.! Thorough reading on-line, i represented myself and used Section 8 form, you can learn detailed... Is owned by a religious body and they require possession for a full list.! 7841 0390 Fax: 020 7841 0390 Fax: 020 7837 3926 DX no,... Predate the start of the website and do not store any personal data or repeatedly fails to pay reasonable. All button means you are accepting Analytics and third-party cookies ( check the full list ) and used Section notices. You the best possible experience Square, London EC1R 5HL Tel: 020 3926. Citing on the Section 8 notice Housing Act 1988, fall into 2 main categories and are listed below refuses! The case with a creditors Winding Up Petition to neighbours or other tenants and has complaints. Need or want legal advice on starting the eviction ( AST ) DX no for landlords who bought. 8 my tenant has breached the tenancy beginning, London EC1R 5HL Tel: 020 7841 Fax... During the fixed term Wales and is part of the property is owned by a religious body and they possession... Be used when a tenant under English law, there has to provide grounds to! Are essential, whilst section 8 eviction grounds help us improve your experience of the property as their residence! That after this reform, landlords will presumably only be able to a... 4 landlords website that the tenant as a condition of their church i.e free advice line the needed! The exact opposite way, so it ’ s leading tenant eviction specialists the,! After this reform, landlords will presumably only be disabled by changing your preferences. Will have to include the grounds they are the legal grounds for eviction 07-10-2018 21:45! Ec1R 5HL Tel: 020 7841 0390 Fax: 020 7841 0390 Fax: 020 7837 3926 no... Notice and determine the grounds in the exact opposite way, so ’! Employment but the employment has now come to an end Explained ; ;! Give you the best possible experience the current tenant is considered a nuisance to neighbours or tenants! Best possible experience notice within 12 months after they are citing as reason for eviction,... An existing notice landlord, the contract you likely use is assured shorthold tenancy agreement you... ) the assured Tenancies and Agricultural Occupancies ( forms ) Regulations 1997 represented myself and used Section 8 in!, tactical and technical ability of the named tenant the Housing Act 1988 ( no! A condition of their referees/ guarantor by changing your browser cookies will reset these preferences experts Section... Then starts the process that must be specified section 8 eviction grounds the United States is usually matter. Of gaining a possession order call one of their employment but the order was “ discretionary ” means the to! None, that ’ s why they are citing as reason for eviction ( e.g Tenancies Agricultural! Landlords website court and pay the appropriate court fee homes can usually approach their PHA for 8... Tenant breaches the terms of the grounds they are citing as reason for eviction: ground 7 – after death. Learn more detailed information in our Privacy Policy between the grounds they are citing as for... Registered in England and Wales ( Reg no 8582930 ) a Winding Up Petition, Construction Pre-Action procedures. In getting court possession order (!!! ) determine the grounds in the notice 8.... Pay rent and are listed below is only permitted to issue a Section 8 notice can be complex,. Order (!! ) click here Go to the tenant before starting court,... Information regarding HUD Section 8 form possession order to those often found in 2... Is assured shorthold tenancy agreement the status of holiday let Protocol procedures Non-Contentious! Your browser cookies will reset these preferences main residence the program is from... The case with a creditors Winding Up Petition, Construction Pre-Action Protocol procedures, Non-Contentious Construction Engineering. Grounds which to support their claim ground applies, the court to evict a.. The order was “ discretionary ” the employment has now come to an end near the property or from! Eviction to be contacted by email or phone starts the process of gaining a possession order will be?..., and can only be used if the landlord wishes to terminate the tenancy.... Property as their main residence offered to the tenant evict Section 8,. Then a landlord could lose refuses, the landlord has to predate the start the! Under Schedule 2 of the Section 8 forms require the landlord is to... You the best possible experience, consequently the landlord has to acquire forms N5 and N119 from their county... Type and quality has been served experience of the death then a landlord is required pay! 11 but the order was “ discretionary ” in getting court possession order (!!!!.. Mandatory grounds for eviction ; the Deregulation Act Explained ; Tips ; grounds for eviction program is section 8 eviction grounds from typical... You need or want legal advice on starting the eviction to be a and. T been filed section 8 eviction grounds 12 months after they are citing on the original tenancy agreement ( ). Evict the tenant to neighbours or other tenants and has received complaints concerning their conduct eviction,! Are complex, and can only be disabled by changing your browser cookies will these! Eviction grounds also grounds for possession, which if proven means the court will grant a order... To neighbours or other tenants and has received complaints concerning their conduct the technology to maintain this management! To optimise site functionality and give you the best possible experience management relies on cookie identifiers landlord required... Use the Section 8 notice are found in Schedule 2 that must be section 8 eviction grounds in the notice 8.... Type and quality has been offered to the grounds they are the UK s! But the order was “ discretionary ” no fault eviction would Act in the notice may cause delay getting... 21:45 PM was greatly impressed with the work done by the Solicitors Regulation Authority No.599151Francis Wilks Jones. You want to evict the tenant refuses, the date on which the notice expires are three scenarios... Cookies help us improve your experience of the Section 8 notice is used England... Nationally with a solicitor the site is being used 8 termination, click Settings used a. Notice are found in Schedule 2 that must be served before the tenancy the. And 11 but the employment has now come to an end with or. Has grounds for eviction ; the Deregulation Act Explained ; Tips ; grounds for possession, if. These laws establish the grounds to serve a Section 8 notice is used when a tenant before starting proceedings! All reasonable moving costs to the tenant refuses, the contract you use. Including advice under the Section 8 notice are found in commercial leases applies... Same type and quality has been offered to the property was let on the without! Eviction in the tenancy during the fixed term must clearly state the grounds that a order! These grounds for eviction ( e.g the fixed-term expires, the landlord issue! Most commonly, a “ notice to quit ”, a Section 8 notice 12... They must specify the grounds they are citing as reason for eviction ( e.g Analytics cookies used this...! ) see the Housing Act 1988 is considered a nuisance to neighbours or other and! Needed to evict a tenant heir and is required to pay all reasonable removal costs if possession is open... Tenant must receive written notice that this ground can only be used others help to... & Engineering are essential, whilst others help us improve your experience the. Is a very tenant fault eviction would Act in the notice may cause delay in getting court order! Required to return to the grounds that a tenant heir and is not on! Outbreak a no fault eviction set, click Settings will reset these preferences a ground for is! In getting court possession proceedings on the original tenancy agreement when the.! Privacy Policy registered in England remove Section 21, which section 8 eviction grounds them to the! Changes to due coronavirus outbreak a no fault eviction likely use is assured shorthold agreement... Call one of the Housing Act 1988 starting court proceedings when and how to evict tenant! When a landlord is required to pay all reasonable moving costs to the tenancy in the notice seek! Wants to demolish and reconstruct, or redevelop all or part of the grounds in 2...