In respect of point 2, there is no need for the section 8 notice landlord to prove prior residence before using this section 8 notice ground. When a tenant is in rent arrears, a section 8 notice may be served and is commonly used where the tenant is in arrears by two months or more rent. The amount of notice you get will depend on what grounds for possession your landlord has used. If there’s no problem with the documents, the court will decide when to have a court hearing – this is called the ‘possession hearing’. You can use the defence form that came with the court papers to give your reasons for challenging your eviction. Housing act 1988 contains a list of grounds in Schedule 2 that must be specified in the notice 8 form. Ground 8: The tenant is in rental arrears. Your landlord can use more than 1 ground for possession if you have rent arrears or if you've paid your rent late. Talk to an adviser to find out what legal advice you can get. Please tell us more about why our advice didn't help. If your section 8 notice says your landlord is using 'ground 8' and the court accepts your landlord's case, you'll usually have to leave your home. You'll usually be given 14 days to leave, but it could be longer. If you get a section 21 notice, don't ignore it. The court will then decide if it's reasonable for you to leave your home. The landlord needs a lot of solid evidence the tenants are causing a nuisance. It is important when using the Section 8 route that you understand the different grounds. You should act straight away if you get court papers. The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. You might be able to challenge the eviction. 753519911. © 2020 Newbold Solicitors. Your notice won't be valid if it doesn't include: If your landlord hasn't given you the notice correctly, they could still ask the court to order you to leave your home. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home. If your landlord can prove the grounds for possession, the court will usually have to order you to leave your home. 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. It can be served at any time. If you don't leave by the date on your section 8 notice, your landlord will have to go to court to make you leave. They must be notified the grounds that the landlord is relying upon, and why they have breached those grounds. If your section 8 notice says your landlord is using 'ground 8' and the court accepts your landlord's case, you'll usually have to leave your home. VAT No. What does it mean to have power of attorney? The HA 1988 requires that possession can be sought only for certain reasonsor grounds. To use the ground, the usual section 8 notice is required to be served first and where the grounds are to be inserted in the form, ground “7A” can be inserted either in addition to other grounds contained in schedule 2 Housing Act 1988 or, on it’s own. The court will look first at whether they can make you leave your home using the mandatory grounds. 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. Your landlord will have to get an eviction warrant from the court if you don't leave your home by the date on the possession order. If you've sent your defence form and you don't go to the hearing, the court could ignore it and just rely on the evidence your landlord has given them. NHS Choices - Information on hospitals, conditions and treatments. 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When you go to the court in person, you’ll have to wear a mask or covering for your mouth and nose. If any of the following grounds apply a landlord can apply to a court for possession after issuing a section 8 notice to quit upon the tenant. The court might stop the eviction or award you compensation to lower any rent arrears you owe. The ground number and explanation should be on your section 8 notice. You might be able to defend your eviction using discrimination law - check if your housing problem is discrimination. 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. Any help most welcome, especially for grounds 8,10,11,12 and 14. The form to be used is a prescribed form [section 8(3)] – The prescribed form is that found in The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997and paragraph 3 requires the grounds on which the landlord relies upon to be inserted and also – Depending on the number of grounds being used, the full text can be quite lengthy and our ve… The court will tell you when it will look at the case for the first time - this is called the 'review date'. Your landlord will have to prove the amount of arrears you have to the court. Your landlord might be able to evict you using a section 8 notice if, for example: You might be able to defend your section 8 notice if you explain to the court what you're doing to put things right. Normally, you'll get at least 14 days' notice - you won't have to leave straight away. Make sure you keep a record of what you've paid. Bailiffs have to give you a notice of eviction with the date and time of your eviction. For example if you've paid some of your rent arrears or if you've repaired any damage you caused. Section 8: A Section 8 notice (also known as a Notice to Quit) is served when a tenant has breached their contract and therefore the landlord has grounds for possession. However with the increasing regulation surrounding section 21, it is likely that this ground may start to be more popular. You should pay as much as you can afford to reduce your rent arrears. Written notice of this possibility should be given before or at the start of the tenancy. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. One <iframe src=”https://www.googletagmanager.com/ns.html?id=GTM-MMH2QD6″ height=”0″ width=”0″ style=”display:none;visibility:hidden”></iframe>One way a Landlord can recover possession is to serve a Section 8 notice (S8), Housing Act 1988 as amended. Thank you, your feedback has been submitted. As demonstrated by Hunter v. Southam, the protection of people includes corporations as legal persons. They'll usually tell you their decision on the day of the hearing. The court will send you the notice of review either: Your landlord should send you a copy of all the documents the court will look at – this is called the ‘bundle’. Complete the form below for callback from one of our legal team. In fact, ... ALL the grounds for possession require the landlord to serve a section 8 notice, suitably drafted, first. Our fee for completing the form and serving it, is only £75.00 plus vat. 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. Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. You should also explain why it won't happen again. If you’ve got no income or a low income, you might be able to get legal aid to help with the cost. This letter is called a ‘reactivation notice’ – you can check what to do if you get a reactivation notice. The following are examples of the most common grounds used for possession of property, and the sole grounds this section 8 notice covers: Ground 8 is a mandatory ground and if successful, the court must make a possession order in 14 days without the need for landlords to show the court that it would be reasonable for the tenant/s to lose their home. You can appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing. For example, because you're in rent arrears or because you've damaged the property. You should send the defence form or what you've written back to the court within 14 days - the address will be on the form. Your landlord has to follow coronavirus guidelines and rules if they want to evict you – check if your landlord has followed the rules. Find out how to complain about your doctor or health visitor. Bailiffs are employed by the court to help landlords get their property back. Contact expert Section 8 Notice solicitors now . If any of your grounds for possession are numbered 1-8, the court will order you to leave your home if they accept your landlord's case. Ground 16: The tenant occupies the property due to his former employment by the landlord. The grounds are simply the reason for your wanting possession. You should think about whether you have a good case to stay in your home if you go to court. This means if Joe's landlord can prove he is behind with his rent, the court will decide whether it's reasonable for him to be evicted. Your landlord has to give you a valid reason for giving you a section 8 notice. If Joe is able to pay back 2 weeks' rent arrears before the date of the court hearing, he'll only have 7 weeks of rent arrears. jpkeates. Is there anything wrong with this page? Since the time of serving, these two tenants simply trashed my 10 bedroom HMO, have been A landlord seeking to serve a section 8 notice seeking possession under this ground must give tenants at least two months’ notice. If they're not, the section 8 notice won't be valid. You can find form 3 on GOV.UK if you're not sure what it looks like. You don’t need to go to court – but you should make sure you can talk on the phone. Your landlord should give your section 8 notice in writing using 'form 3' or a letter with the same information. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Ground 11 applies if the tenant has regularly been late at paying the rent whether or not the tenant is actually in arrears. It’s worth talking to the duty adviser even if you’ve already got advice. This is because grounds 9-17 are 'discretionary grounds'. The papers will include a copy of the form your landlord filled in when they started the claim – this is called the ‘claim form’. You can challenge your eviction if for example: If you can, talk to an adviser before you challenge your eviction. You normally won't have to leave your home straight away - you'll get a notice from the court telling you when you're supposed to leave. The court could delay the date you'll need to leave your home. Your landlord has to give you a reason for giving you a section 8 notice. SRA No. For example, they might have harassed you because of your gender or refused to make changes for your disability. FREE Eviction Checklist. Dear Forum, Trying to see if there are any changes to wording for Section 8 Grounds, as I know there have been a lot of changes with regards time before Court proceedings can begin. 211 at paragraphs 17, 75). In these cases it is at the court’s discretion whether to grant a landlord a possession order. 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 you do not use the correct statutory grounds with the notice and the prescribed form, the Court will probably dismiss your application and this will result in a claim for costs made against you, further, whilst you re-serve the notice in the correct format, you are suffering from ever mounting rent arrears. Find out more about dealing with rent arrears. The court will decide whether you have to leave your home or if you can stay - it'll depend on the grounds for possession your landlord has used. 145 at 159; R. v. Gomboc, 3 S.C.R. To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. Senior Member. Your landlord can't go to court until after the date given on your section 8 notice. On the day of the hearing, you’ll also be able to contact the duty adviser – it doesn’t matter how much income you have. Grounds for issuing a Section 8 notice other than rent arrears. Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to … Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. The notice is usually for a period of 2 weeks, although some of the grounds (set out below) require more than 2 weeks notice. If there’s a problem with your landlord’s documents, the court might pause or stop the eviction. Take any evidence with you to court, for example: You can get a lawyer to represent you in court. We use cookies to improve your experience of our website. You might have to pay your landlord's court costs if your landlord starts a possession claim. Court costs can be expensive. His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10. It's your opportunity to explain your situation to the court. Under the Legal Service Act 2007, only a Landlord in person, or a regulated Solicitor, can appear before the County Court in housing disputes, therefore, we would not suggest that you ask a friend or your agent to represent you as it may also result in your claim being dismissed. You should make sure you go to the possession hearing even if you've not sent your defence. The process takes time and sometimes the court can stop an eviction. Your landlord can only use 'ground 8' if you have arrears of at least: 2 months - if you pay your rent monthly; 8 weeks - if you pay your rent weekly; 3 months - if you pay your rent quarterly or yearly You can also find a copy of the defence form on GOV.UK – it’s called form N11. You should use the defence form to explain to the court why you think you should have more time in your home. They might be able to get your landlord to agree to pause or stop the eviction. The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract, and discretionary, where the court can decide one way or the other. Your landlord might use more than one ground for possession. We have set the grounds out below. If the court accepts your defence, they could decide to: You'll only be able to suspend a possession order if your landlord has used grounds 9-17. 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