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They must specify the full text of the ground relied upon. Please tell us more about why our advice didn't help. 211 at paragraphs 17, 75). Website designed, built and managed by Search Station, Divorce/ Dissolution of Civil Partnership. Ground 3:The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let. Normally, you'll get at least 14 days' notice - you won't have to leave straight away. You might be able to challenge the eviction. 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. The property is subject to a mortgage which pre-dates the tenancy and the mortgagees are repossessing the property to enforce the charge. The court might stop the eviction or award you compensation to lower any rent arrears you owe. They'll also need to show you had the arrears when you got the section 8 notice. They can talk to your landlord for you. 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. 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. The government have temporarily changed the law around evictions. The validity of Section 8 notices remains unchanged by the Coronavirus Act 2020. On grounds 1 and 2 the court has discretion to waive the prior notice requirement if it is just and equitable to do so. It's a good idea to talk to your landlord if you feel able to. Grounds for issuing a Section 8 notice other than rent arrears. His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10. 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. The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. What does it mean to have power of attorney? 753519911. Ground 12: You’ll find yourself quoting this ground the most on your section 8 form. For example, they might have harassed you because of your gender or refused to make changes for your disability. Depending on the ground your landlord has used, you might be able to ask the court again to to delay the date you'll need to leave. 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. You can talk to a free legal adviser on the review date – they’re called the ‘duty adviser’. This only applies to mortgages that were in existence before the start of the tenancy. 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. Here if a tenant has breached any part of their agreed rental contract (other than not paying their rent), such as letting the property deteriorate, vandalising the premises, using illegal substances etc, you can evict them. If you haven’t got the bundle 2 weeks before the review date, tell the court – you can find the contact details of the court on GOV.UK. Find out more about dealing with rent arrears. 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… It can be served at any time. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home. 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. 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. If they're not, the section 8 notice won't be valid. The possession hearing will be at least 4 weeks after the review date. The court will have to accept your landlord's grounds for possession before they decide whether you have to leave. If you find it difficult to use the defence form, write what you want to say on a piece of paper instead. Your landlord will have to prove the amount of arrears you have to the court. These reasons are known as 'grounds for possession'. Make sure you keep a copy - you'll need to remember what you've written later on. Take any evidence with you to court, for example: You can get a lawyer to represent you in court. You might be able to defend your eviction using discrimination law - check if your housing problem is discrimination. This is a prescribed form so any other form of notification would not satisfy the requirements. 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. If you get a section 21 notice, don't ignore it. 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. You should make sure you go to the possession hearing even if you've not sent your defence. 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 should also think about what your options are if you decide to leave. Our fee for completing the form and serving it, is only £75.00 plus vat. VAT No. If all of your grounds for possession are numbered 9-17, the court will decide whether they think it's reasonable for you to leave your home. Ground: Explanation: Key Legislative Excerpts : Notice Period: 1: Landlord moving back into a property they previously lived in, to use as their principal home. This is because they are discretionary grounds. You can also apply to change an order later, for example if you can't keep to the terms of the order any more. Posted on February 25, 2019 by Catherine Hartland Watkins - Uncategorised. You can find the review date in the ‘notice of review’. Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears. For example, because you have rent arrears of at least 8 weeks both when you got your section 8 notice and at the court hearing. You won't have to leave your home straight away. 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. It depends on the reason your landlord is using to try to make you leave. The tenant then has 2 weeks in order to rectify the breach, or agree reasonable terms with the Landlord. One complaint from you is nowhere near sufficient. 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. SRA No. Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. Please call our housing team, if you require any further advice and assistance. Your landlord has to start a possession claim within 12 months of the date on your section 8 notice. Is there anything wrong with this page? 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. Ground 10: The tenant is in arrears of rent. There are a number of grounds for possession which the Court will deem as either ‘mandatory’ or ‘discretionary’ possession, as outlined below: If you couldn't go to the court hearing you might be able to get the court to look at your case again. if the Landlord does not hear from the tenant, or the terms are totally unreasonable, then after the notice has expired, the Landlord should apply for a Court order. Find out if you can get help with legal costs at GOV.UK. You might be able to challenge your eviction and stay in your home. The court will then decide if it's reasonable for you to leave your home. You might be able to get legal aid to help you with your case, for example if you're on a low income or get benefits. Failure to state the grounds in the notice may cause delay in getting court possession order(!!!). The court will tell you when it will look at the case for the first time - this is called the 'review date'. FREE Eviction Checklist. You can then either complete the form yourself, ask us to complete the form and serve the notice and provide a certificate of service, or you can simply ask for 40 minutes advice on how to complete the form for £60.00. 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. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD. You'll get court papers when your landlord starts a possession claim. You can check what type of tenancy you have on Shelter's website. This means that if you can show that one of these grounds applies, the court must give possession. This means that Joe's landlord can't prove he's 8 weeks behind with his rent in court. You can find out more or opt-out from some cookies. The court might: You can check how to prepare if the court decides to arrange a hearing by phone or video call. Section 8 allows a landlord to seek possession using grounds 2, 8, 10 to 15 or 17 listed in Schedule 2 to the Act These include rent arrears and anti-social behaviour. This means that the court has to accept your landlord's reasons if they can prove them. 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. Joe pays his rent weekly and is 9 weeks behind with his rent. This means they can ask the court to send 'enforcement officers' to make you leave. It's your opportunity to explain your situation to the court. 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 find form 3 on GOV.UK if you're not sure what it looks like. When you go to the court in person, you’ll have to wear a mask or covering for your mouth and nose. Ground 8: The tenant is in rental arrears. All rights reserved | Privacy Policy You should go to the possession hearing – it's your chance to put forward your case in court and give reasons why you should stay in your home. The court will look first at whether they can make you leave your home using the mandatory grounds. Section 8 – Notice seeking possession. You might be able to challenge your eviction and stay longer in your home. Ground 1 The landlord requires the property in order to use it as their main residence. The court will also send a letter telling you whether you have to leave your home. If you think your landlord owes you money, you might be able to ask the court to use this money to lower your arrears. Your landlord has to give you a valid reason for giving you a section 8 notice. Depending on the reason your landlord has given on your section 8 notice, the court could either: You'll need to have a good reason to delay the date you leave, for example if you've got a serious illness or disability. Section 8 notice: grounds. Click here to Download a Free Section 8 Form. Your landlord has to give you a reason for giving you a section 8 notice. Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to … For example, if you're in rent arrears there are 3 grounds that can be used. 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. Bailiffs are employed by the court to help landlords get their property back. It is used in England and Wales and is part of the Housing Act 1988. The Possession Procedure – 1988 Housing Act. The court will then decide whether they accept your landlord's grounds and think it's reasonable for you to leave your home. Contact your nearest Citizens Advice if you need help understanding the grounds for possession your landlord is using. jpkeates. 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. Your landlord might use more than one ground for possession. You should also explain why it won't happen again. For example if you’re being evicted for rent arrears, but the reason you got into rent arrears was because your learning difficulty made it hard to follow your landlord’s payment policy. The tenant is convicted in engaging in illegal or using the property for immoral purposes. It is very unlikely a judge will grant the landlord possession on those grounds. Written notice of this possibility should be given before or at the start of the tenancy. You'll need to explain your situation in as much detail as you can. 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. Introduction to the Citizens Advice service, Future of advice: our strategic framework 2019-22, check if your landlord has given you the right amount of notice, get help before you decide to leave your home, Get help from your nearest Citizens Advice, check if your housing problem is discrimination, check if your landlord has followed the rules, check what to do if you get a reactivation notice, Read more about getting help with legal costs, Check if your problem counts as discrimination, defend your eviction using discrimination law, check how to prepare if the court decides to arrange a hearing by phone or video call, check who doesn’t have to wear a mask or face covering, Getting repairs done if you're renting privately, Going to court if your landlord won't do repairs, If you've got a problem with your shared house, Check if your landlord has to protect your deposit, the 'grounds for possession' - these are the reasons why your landlord wants you to leave your home, the date your notice ends - your landlord will need to get a possession order from the court if you don't leave by that date, what grounds for possession your landlord is using to try to evict you - they might use a few, why your landlord is using the grounds for possession, for example if you have rent arrears, or if you've damaged the property, your landlord wants to move back into the property, your landlord is behind with their mortgage payments and the property is being repossessed, you've been convicted of a serious criminal offence near your home, 3 months - if you pay your rent quarterly or yearly, you get letters or paperwork from the court, the details on your section 8 notice are wrong, your landlord hasn't given you a proper reason, you or someone you live with had coronavirus, you’ve lost your job or you’re earning less, you've got a pet but your tenancy agreement says you can't keep pets, let you stay in your home if you follow their orders, for example if you agree to pay off your arrears - this might happen if your landlord has used grounds 9 to 17, delay the date you'll need to leave by up to 6 weeks if leaving in the usual 14 days would cause you problems - this might happen if your landlord has used grounds 1 to 8, arrange for the hearing to happen by phone or video call, a letter from your GP if you couldn't pay your rent because you were ill and unable to work, a bank statement or wage slip to show how much you can afford to repay if you're in rent arrears, let you stay in your home if you meet certain conditions, for example if you pay your arrears - this is known as 'suspending' a possession order, dismiss your landlord's case - this means you'll stay in your home and you won't need to meet any conditions. 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