If the tenant refuses, the landlord can start court possession proceedings on the day following the date cited on the Section 8 form. 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. You need to give the following periods of notice : Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 – at least 2 weeks. With a Section 8 notice, landlords already had to have grounds for kicking you out. In total, there are 17 grounds for which a landlord can seek to evict … 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. knowledge of tenant evictions is second to none, that’s why they are the UK’s leading tenant eviction specialists! 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 … Click to read our eviction service page. After thorough reading on-line, I represented myself and used Section 8 Grounds 10 and 11 but the order was “discretionary”. That is, landlords will always need to be able to demonstrate a ground for eviction exists. 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. The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. The landlord requires the property in order to use it as their main residence. How to serve a Section 8 notice? a Minister of Religion. For more information regarding HUD Section 8 termination, click here. Do You Need Bankruptcy Or Insolvency Advice? California Tenant’s Guide —Learn about the rights and responsibilities of tenants and landlords in California, including evictions, security deposits, landlord obligations, and more. Housing eviction in the United States is usually a matter of state and local law. Failure to state the grounds in the notice may cause delay in getting court possession order(!!!). Learn when and how to evict Section 8 tenants in this step by step guide. 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. 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. Suitable accommodation of the same type and quality has been offered to the tenant and refused. Who brings a Director Disqualification Claim? 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 … ... helping landlords are agents nationally with a guaranteed eviction service and free advice line. The tenant is considered a nuisance to neighbours or other tenants and has received complaints concerning their conduct. Section 8 notice when evicting a tenant under section 8 notice. 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. 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. All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction. Typically, this means that the tenant must receive written notice anywhere from sixty to ninety days prior to the impending eviction. 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. Housing act 1988 contains a list of grounds in Schedule 2 that must be specified in the notice 8 form. 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. Tenant Referencing Will a Section 8 guarantee that a possession order will be granted? You must serve notice seeking possession of the property on the tenant before starting court proceedings. Evictions can be complex proceedings, and understanding the nuances of a Section 8 eviction may be difficult for both landlords and lawyers. Registered in England and Wales (Reg No 8582930). 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. Essentially, a Section 8 is served when a landlord has grounds for eviction (e.g. The mortgage lender on the property has served notice to foreclose. 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. There are three common scenarios when the section 8 is used. What grounds can a Section 8 tenant be evicted on? 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