A section 8 notice can also be used if the tenant has been consistently making short payments, as long as the total rent arrears add up to the equivalent of two months rent. A tenant has begun receiving assistance, but the owner is unable to establish. As you are probably aware, to evict a tenant an assured or assured shorthold tenant that is on the basis of rent arrears, you need to serve first a notice. The notice wont be valid if it doesnt include a date or youre given the wrong amount of notice. Issue a section 8 for rent arrears where the tenant owes you 2 months if rent payable monthly or 8 weeks if rent payable weekly you are eligible to issue a section 8 notice for rent arrears. Unless you serve this notice you cannot evict them later. Is a section 8 notice on rent arrears a demand for rent. A complete guide to section 8 national landlords association. The landlord must serve notice under section 8 of the housing act 1988 on the tenant. Curing defects in section 8 notices seeking possession. Serving a section 21 notice may be seen by a tenant as less aggressive.
This is not the first time ive come across this situation of tenants bringing what appear to be spurious last minute counter claims when landlords have taken court action using the 1988 housing act section 8 procedure for rent arrears. The housing act 1988 provides a number of grounds on which a landlord may seek possession covering a variety of topics including rent arrears. If you are successful you should obtain a possession order under one of 17 specific statutory grounds housing act 1988, section 8, schedule 2. Other grounds for rent arrears are grounds 10 and 11 but the court does not have to grant an order. This is increased from 21 days and applies for an initial period of three months. If a tenant is more than 2 months in arrears at the time of serving the section 8 notice, serving the claim form and at the hearing, the judge has no discretion but to order a possession order. Section 8 as amended by section 151 of the housing act 1996 notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. Normally, grounds 8, 10 and 11 are relied upon due to rent arrears.
A notice from the landlord group is usually all it takes to either secure possession of your property or to secure the payment of the rent arrears. 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. It is used in england and wales and is part of the housing act 1988. Essentially, a section 8 is served when a landlord has grounds for eviction e. Must the landlord cancel a possession notice if the rent. There are 17 possible grounds to serve a section 8 notice. You should always serve both an s21 and an s8 notice as soon as you have problems with your tenant, such as rent arrears.
The mandatory rent arrears ground is made out if the tenant is arrears of rent at the date the notice is served and at the date of the court hearing. A section 8 notice tells you the earliest date that court action can start. Section 8 notice free section 8 notice template uk. To serve a section 21 notice, you must complete form 6a and then serve it according to the following rules. Ground 10 applies if the rent is unpaid when the section 8 notice is served and has not been paid by the start of the possession proceedings. Please tick boxes where appropriate and cross out text marked with an asterisk that does not apply. Drafting section 8 repossession notices based on rent arrears.
Section 21 or section 8, deciding which eviction action to. If the rent arrears remain unpaid after the period specified in the notice a minimum of 2 weeks, a claim for possession and. If your section 8 notice is valid, your landlord will need to go to court to evict you. This is a new rule because of the coronavirus outbreak and will apply until at least september. The tenant must owe at least two months rent at the time the notice is served, and if they clear the arrears down below this level before the court hearing then the notice. Use a section 8 notice if your tenants have broken the. The section 8 notice seeking possession which is most commonly used by landlords when a tenant is two months or more in arrears is having another change in respect of tenancies in england. If a payment is made to bring the arrears under 2 months, then the judge will have discretion as to whether to order a. For example, if the landlord cant prove youre in rent arrears. How to serve a section 21 and section 8 notice of eviction. A section 8 notice or simply an eviction notice is used by landlords in. It depends on the reason your landlord is using to try to make you leave. How to gain possession and evict a tenant for rent arrears.
The most common reason for issuing a section 8 notice to quit is rent arrears and this is covered in grounds 8, 10 and 11. Section 8 notice uk template make your free eviction notice. However, these grounds should always be included as a fall back. A section 8 notice should be used where possession of accommodation let under an assured tenancy or an assured shorthold tenancy is sought on one of the grounds in schedule 2 to the housing act 1988. Section 8 has a short notice period 2 weeks so when tenants are in arrears landlords are often tempted to. This is a breach of the residential tenancies act 1986 and our tenancy agreement. Your landlord can issue a section 8 notice at any time during your tenancy. How to serve a section 8 notice on a tenant pace properties. New section 8 and notices from 6 april 2016 grl landlord. The landlord can issue the section 8 notice, but must apply for a possession order from the court to evict the tenant.
The following steps have already been taken to recover any arrears. Ending tenancies grounds for issuing a section 8 notice to quit. 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. Obviously, noone wants the cost and inconvenience of court action, but sometimes, there are no. For example, if a tenant resides in a section 236 property and receives section 8 assistance, the tenant would pay rent based on the section 236 rent formula if his or her assistance were terminated. Unlike section 21, section 8 notices can be served within the fixed term. A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and where certain conditions are met. Using these grounds you can give the tenant just two weeks notice that you intend to file for possession if the landlord is issuing the section 8 notice on the grounds of rent.
What happens after the section 8 notice has been served. No judge is going to make an order for possession on the basis of rent arrears that have since been paid. Find out what to do if you get a section 8 notice or if you get a section 21 notice. If there are large rent arrears and the tenant has means to pay or there is a guarantor, section 8 is the obvious choice. Used to terminate an assured shorthold tenancy due to rent arrears. How to serve a section 8 notice simple landlords insurance. Section 8 of housing act is responsible for tenants eviction in case of breaching tenancy agreement. Check your rent receipts or other records to see if a mistake has been made. Section 8 is in dire need of reform national landlords. If the tenant has broken the contract or has brought financial harm to the landlord, section 8 can be used directly, with an application to the court for a possession order. A section 8 notice can also be used if the tenant has been consistently making short payments, as long as the total rent arrears add up to two months worth. Mar 24, 2016 if there are large rent arrears and the tenant has means to pay or there is a guarantor, section 8 is the obvious choice.
It is very common for landlords to rely on the mandatory ground 8 in schedule 2 of the housing act 1988 to gain possession of properties from tenants who fall into severe rent arrears of two months or more. Section 8 grounds for eviction legal for landlords. Information about the procedure a landlord must follow in order to take a tenant to court for rent arrears, special rules for social housing landlords, notice periods, what happens and a court hearing and the type of orders a judge can make. This gives you the option of using one or the other route later if things dont improve, and most importantly it means the notice periods have started ticking immediately the signs of trouble arose. Grounds involving rent arrears the most common reason for issuing a section 8 notice to quit is rent arrears and this is covered in grounds 8, 10 and. Ground 8 arrears must exceed 8 weeks if the rent is paid weekly or fortnightly, 2 months if paid monthly, one.
Property118 seeking possession under section 8 for rent. Normally, receiving this formal legal notice is all it takes to make tenants pay their rent arrears immediately. Therefore, if the tenant has paid half the rent for four months, they will be in the equivalent of two months rent arrears and the landlord can serve the tenant with a notice. To win your section 8 case, you need to prove that your tenant is in breach of the terms of your agreement. A section 8 notice is a notice seeking possession of a rented property from a tenant on grounds set under section 8 of the housing act 1988. This is important because any errors the landlord makes when serving the section 8 notice is likely to lead to serious delays. Your landlord has to give you a reason for giving you a section 8 notice. Section 8 is considered one of the serious and aggressive way of termination tenancy agreement and very often followed by the requesting eviction order to the court and enforcement officers assistance. Given the tenant a copy of an epc with a rating of e or higher if tenancy started or was renewed after 1 st april 2018 a valid gas safety certificate. Section 21 and section 8 notices you can evict tenants who have an assured shorthold tenancy using a section 21 or section 8 notice, or both. Nov 14, 2012 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 antisocial behaviour.
You might be able to challenge your eviction and stay longer in your home. In my previous article how a lettings agency manages rent arrears i explained the difference between issuing tenants with a section 8 or a section 21 notice to gain possession of a property. The notice period is 3 months if youre given a section 8 on or after 26 march 2020. This is very turbulent for the tenant, so the law requires a good reason, called a ground. It was common ground, it appears, that a section 8 notice for rent arrears, as in this case, constituted a demand for rent for the purposes of s. Section 8 notices the tenant is given 2 weeks notice to. This section 8 notice complies with the housing act 1988 and the housing act 1996.
A section 8 notice can only be used if the tenant is in breach, which clearly they are if they are in arrears with paying their rent. 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 antisocial behaviour. In those situations when a tenant, upon receiving a section 8 notice from us, refuses to leave or settle their arrears, a landlord will require a court order for possession. There are 17 different grounds, or reasons, covering things like rent arrears, breaches of the tenancy agreement, neglect and repossession by the. Section 8 rent arrears eviction notice the 3 steps. The appropriate notice to quit notice of breach of lease notice seeking possession notice seeking a. If a reasonable recipient would appreciate that the notice contained an error, for example as to. By using this section 8 notice form, not only can a landlord start the process of gaining possession of a property, but a landlord can make a claim to have the rent arrears paid. Section 8 notice tenant failure rental payments, section 8.
Tenant payments at the end of their lease how the tenancy ends when the tenancy ends final rent payment 1 expiry of contractual term. The housing act 1988 provides a number of grounds on which a landlord may seek possession covering a variety of topics including rent arrears, tenants without right to rent, landlords moving into. Ending tenancies grounds for issuing a section 8 notice to. Section 21 or section 8 deciding which eviction action to. Rent likely to be payable only up to and including the contractual expiry date unless there are exceptional provisions in the lease.
However the notice assuming it is a section 8 notice you have served will remain. A section 8 notice can be used when the tenant has breached the tenancy agreement and it satisfies one of the grounds for eviction. About being taken to court for rent arrears if you have an assured shorthold tenancy, your landlord might give you a section 8 notice or section 21 notice if they want to evict you for rent arrears. The dangers with section 8 possession claims landlordzone. The interim rent period runs from the earliest date which could have been specified in the relevant notice for as long as the statutory continuation tenancy continues under section.
Ground 8 arrears must exceed 8 weeks if the rent is paid weekly or fortnightly, 2 months if paid monthly, one full quarter if paid quarterly or 3 months if paid yearly. The section 21 route takes at least two months, whereas the section 8 route takes at least three. Your landlord must give a legal reason or ground to end your tenancy for example because you have. There are lots of reasons your landlord can use, for example if you. The section 8 route can only be followed if there is a valid ground for possession i. If you are in breach of agreement solely for rent arrears and the landlordagent wants to end your tenancy, they can give you a nonpayment termination notice see below. Nov 10, 2015 applicant arrears rent arrears owed at the time the person applied for pa even if the person has been a long time recipient of pa can be issued for months when the case was closed. You are taken to court for rent arrears citizens advice.
As long as we are confident that we can prove the tenants breach of tenancy under at least one of the mandatory grounds, the court is compelled to grant our landlord possession. Excess rent and duplication of rent rent arrears that. The rent must remain unpaid for 14 days or more before they can give you this notice. Oct 17, 2012 what happens after the section 8 notice has been served. 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. Where rent is paid in advance usually it is the tenant will be in arrears by a full rent period as soon as the payment is missed.
This section 8 notice form can only be used when the tenant is in rent arrears of at least two months or more or rent arrears of eight weeks for a weekly tenancy. Rent arrears possession the procedure to gain possession due to rent arrears, these requirements and processes should be followed. If using a section 8 notice and ground 8 for 2 months rental arrears, then ground 10 and 11 should also be used, also be aware that if using different grounds, some grounds will have different. Buy a section 8 notice to quit now tenancy agreement service. May 22, 2018 to serve a section 21 notice, you must complete form 6a and then serve it according to the following rules. As of thursday 26 march 2020, landlords can only apply to the tenancy tribunal if the tenant is at least 60 days behind in rent. Gaining possession of a privately rented property let on.
Therefore, if the tenant has paid half the rent for four months, they will be in the equivalent of two months rent arrears, and a landlord can serve the tenant with a. These grounds include rent arrears, irregular rent payments or damage to a property. Prepare a section 8 notice to quit if you want to take possession of your property with help from rocket lawyer. This is the most common use for a section 8 notice although it may also be used for other grounds such as breach of tenancy or anti social behaviour but these arent normally recommended and a section 21 notice is usually better. Section 8 notice england only grl landlord association. Eviction of assured shorthold tenants shelter england. Most landlords use section 8 due to rent arrears, using the mandatory ground 8, which currently requires two months arrears at notice and on the date of the hearing. Section 8 possession proceedings landmark chambers. Notice must be given in the prescribed manner in a section 8 notice. The most frequent reason for section 8 notice is fallen into rent arrears or nonpayments.