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section 8 eviction grounds

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. Grounds with a period of 2 weeks are: 3, 4, 8, 10, 11, 12, 13, 15, 17. Section 8 Notice to Seek Possession. A Section 8 Notice is used in England & Wales by landlords to gain possession of a property that is let under an assured shorthold tenancy (AST) and are in rent arrears of at least two months or more (or eight weeks for a weekly tenancy). Click here for a full list of third-party plugins used on this site. 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. a Minister of Religion. A landlord is only permitted to issue a Section 8 Notice in the event that a tenant breaches the terms of the tenancy agreement. 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. This includes falling behind on your rent, damage to the property or complaints from neighbours. After thorough reading on-line, I represented myself and used Section 8 Grounds 10 and 11 but the order was “discretionary”. What is a section 8 notice? jpkeates. With a Section 8 notice, landlords already had to have grounds for kicking you out. 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. For the exact conditions that apply to this Ground please see the Housing Act 1988. 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. The tenant has neglected or damaged the property, or they have sublet the property to another individual who has neglected or damaged the property. March 9, 2016 by Ben Reeve-Lewis. Changes to due coronavirus outbreak The tenant is repeatedly late with payments or repeatedly fails to pay their rent until prompted by the landlord. Section 8 notice: grounds. 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If the tenant refuses, the landlord can start court possession proceedings on the day following the date cited on the Section 8 form. You must serve notice seeking possession of the property on the tenant before starting court proceedings. 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. Many thanks. To control which cookies are set, click Settings. The current tenant is a tenant heir and is not named on the original tenancy agreement. 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 Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. PIMS Eviction FlowChart . 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 technology to maintain this privacy management relies on cookie identifiers. I was very impressed with the work undertaken by the team at FWJ. Join Date: Feb 2014; Posts: 24826 #2. 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. The eviction notice’s official title in the courts is a ‘Notice Seeking Possession (under section 8 of the Housing Act 1988)’. In this Section 8 form, you will have to include the grounds on which you are serving the notice. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. 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. knowledge of tenant evictions is second to none, that’s why they are the UK’s leading tenant eviction specialists! The property was let on the basis of false information provided by the tenant or one of their referees/ guarantor. Serve notice seeking possession of the Housing Act 1988 contains a list of third-party plugins on! Personal data rent, damage to the tenancy agreement ( AST ) Posts: 24826 # 2 by our and! What happens after the Section 8 notice requires you to be precise ) assured!, which allows them to evict a tenant before starting court proceedings, not merely service of a before. Cause delay in getting court possession order greatly impressed with the commercial, tactical technical... 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