Q.What is a Section 8 notice?
A. It refers to provisions of the Assured Shorthold Tenancy—the default tenancy for most dwellings in England and Wales, under the terms of the Housing Act of 1988 and (revised) of 1996.
If the tenant has breached the tenancy agreement (e.g., rent arrears) and you want to recover the arrears as well as possession, consider using a Section 8 Notice. It must specify the Grounds and state why you require possession.
There are 17 Grounds a landlord may select from. The most common are:
Ground 8: The tenant owed at least two months rent (in the case of a monthly tenancy) when the landlord served notice that he wanted possession, and still owes two months' rent at the date of the court hearing. If the rent is payable weekly, there must be rent arrears of at least eight weeks; if payable quarterly, of at least three months; and if payable yearly, of at least six months.
Ground 10: The tenant was behind with his rent when the landlord served notice and also when he began court proceedings.
Ground 11: Even if the tenant was not behind with the rent when the landlord started proceedings, he had been persistently behind with the rent.
Of the above,Ground 8 is a mandatory ground and the most powerful to use. If this Ground is proved, the court must grant possession.
However, if you rely on this Ground alone, the tenant can pay off part of the arrears right before the hearing. If that occurs, the Ground can no longer be proved, and the possession proceedings will have to be abandoned.
Therefore, it’s better to cite multiple Grounds of possession (e.g., Grounds 8, 10 and 11) for rent arrears, if they apply. However, it may not be possible to rely on Ground 8 if the rent arrears have not accrued to a sufficient extent when the notice was served. If this is the case, then—due to insufficient arrears—the landlord will have to decide whether to start the proceedings under the discretionary Grounds 10 and 11 (where the court may order possession only if it’s “reasonable” to do so), or to incur a further delay until mandatory Ground 8 applies.
In short: It’s advisable to wait until at least two months' rent (or eight weeks if it’s a weekly tenancy) is unpaid before issuing a Section 8 Notice, to increase the chances of successfully obtaining the possession order. However, in many cases of rent default, some landlords have been successful in relying on Grounds 10 and 11 alone.
After serving the notice for rent arrears, under Grounds 8, 10 or 11, there is a 14-day waiting period before you can begin possession proceedings through the County Court. Also, the court will require that the landlord, or the landlord’s agent, is able to show adequate evidence of the alleged default before it will order the tenant to move out of his rented home.
Q. What other Grounds might be used under Section 8?
A.One or more of the following four Grounds may be used if there has been misconduct by the tenant other than rent arrears:
Ground 12: The tenant has broken one or more of his obligations under the tenancy agreement. You’d need to quote the appropriate clause(s) in the lease.
Ground 13: The condition of the premises or any common part has deteriorated due to the behaviour of the tenant, his sub-tenant, or anyone else living with the tenant. It might also be applied to detrimental actions by a pet or a visitor.
Ground 14: The tenant, a sub-tenant or a visitor has been guilty of conduct which has caused, or is likely to cause, a nuisance or annoyance to the neighbours, or has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or has committed an arrestable offence in or near the dwelling. To help prevent further annoyance, this Ground allows you to apply to the court for possession right after you have served the notice, without any waiting period.
Ground 15: The condition of the furniture, fixtures, cabinets or other property in the dwelling has deteriorated, because it has been ill-treated by the tenant, his sub-tenant, or someone else living there or visiting there.
Note: There are some exceptions set out in the Housing Act 1988 which exclude a tenancy from being an Assured Shorthold Tenancy. Such as: The rent is greater than £25,000 per year, the landlord is living in the same building as the tenant, none of the tenants occupying the property use it as a principal home, the tenant is not an individual (e.g., it’s a limited company), or the landlord is a local council.
Q. Are there other mandatory Grounds that may be used under Section 8?
A.Yes. The Act provides for possession to be granted for any of these reasons, which relate to prior notice (e.g., they’re stated in the lease):
Ground 1: The landlord formerly lived in, or intends to live in, the property as his only or principal home.
Ground 2: The mortgage holder is claiming possession. But this can only be used if the mortgage predates the tenancy.
Ground 3: The tenancy is a holiday let, and it was previously let only for a holiday.
Ground 4: The tenancy is a student let, and it was previously let by an educational establishment only to students.
Ground 5: The property is held for use by a minister of religion.
For any of the above Grounds to be mandatory, a court will generally require that the landlord has served notice of the respective Ground on the tenant prior to, or at the beginning of, the tenancy. The basis of the notice cannot come as a surprise to the tenant. However, for Ground 1 or Ground 2, a court has the discretion to dispense with this prior notice, if it considers it just and equitable to do so.
Q. Are there still other Grounds that might be used?
A.Yes, as follows:
Ground 6: The landlord intends to redevelop the property. If proved, this is a mandatory Ground.
Ground 7: The tenant has died (unless there is a person with a right to succeed). It’s a mandatory Ground.
Ground 9: Suitable alternative accommodation is available. It’s a discretionary Ground.
Ground 16: The tenant was granted use of the property in order to fulfill his or her employment duties, but is no longer employed by the landlord. It’s a discretionary Ground.
Ground 17: The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at his instigation.
Q.What is a Section 21 Notice?
A. Like a Section 8 Notice, it refers to provisions of the Assured Shorthold Tenancy— the default tenancy for most dwellings in England and Wales, under the terms of the Housing Act of 1988 and (revised) of 1996.
The landlord has the right to terminate the tenancy by using a Section 21 Notice, except during the first six months, and the tenant is given two months to move out if a court so rules. Most often, the default is due to rent arrears, but there may be other suitable Grounds.
If the tenancy is an Assured Shorthold Tenancy, and you require possession at the end of the tenancy and the tenant does not have rent arrears—or has rent arrears, but you do not want to claim them and want possession quickly—then consider using a Section 21 Notice, if Section 8 is not applicable.
Latest Articles
Section 8 Notice To Quit - Gaining Your Property
by Landlord Angel
A section 8 notice to quit is also known as a section 8 possession notice. This notice is different than a section 21 notice as it is used when the landlord wants to obtain his or her property before the fixed term as ended. While a section 21 notice only allows for possession to occur after the end of the fixed tenancy term.
This section 8 notice can only be used if the tenant has breached the terms that are detailed in the tenancy agreement. Additional certain conditions must be met with the most common being that the tenant owes back rent. With the section 8 notice it is possible to evict the renter with a possession order is issued form the court.
A landlord has over 17 different reasons in which they can file a section 8notice. The amount of time you must notify the tenant tends to differ depending on which ground you are filing the notice under.
A few of these grounds include when 8 weeks of rent are overdue if rent is paid weekly or fortnightly, two months rent is due when rent is paid monthly and when 1 quarter rent is due when rent is paid quarterly.
Some other grounds stated to gain possession of the property that do not relate to rent include damaged or deteriorated property due to the tenant, it is uncovered that false information was provided on the tenancy agreement, if the tenant is being a nuisance to neighborhood or others in the area as well as any other terms in the tenancy agreement.
It is important to note as many of the grounds as possible that can be used to your benefit in the section 8 as many of the grounds can be difficult to prove.
A Section 8 Notice To Quit is also known as a section 8 possession notice. Section 8 Notice is different than a section 21 notice as it is used when the landlord wants to obtain his or her property before the fixed term as ended.
Section 21 Notice To Quit
by Landlord Angel
If you are a landlord wanting to take possession of your property then you have an option to sending a section 21 notice to quit. A section 21 notice can only be used if the tenancy period is for a short term tenancy period. The landlord does not need to give a reason for gaining possession of the property just as long as they give the proper notice.
In order to be able to give the tenants this notice the landlord must follow a set of procedures and rules. There are two main subsections to the section 21 notice and which one you follow will depend on if the short term period has come to an end or if the deadline is still in the future. You can still use the section 21 notice if the short term period has changed to a period tenancy.
You also will have a different set of procedures depending on if the fixed tenancy is not yet completed or if it has ended.
If the landlord wants to issue a section 21 notice before the fixed term has ended then they will need to provide the tenants with at least two months notice, in writing that details that possession of the property is sought. This two month period starts when the tenant receives the notice not when the notice is posted.
If a fixed term contract was signed then the gaining the property cannot occur until the last day of that fixed term period. If the notice is for a periodic tenancy then the date of possession must be specified and can be on the last day of one of the rental periods. However two month notice is still required no matter if it is a fixed term or periodic tenancy.
The section 21 notice is only for gaining possession and the landlord cannot get repaid for damage to the property of overdue rent. There are other additional forms that must be filled out for these matters. You can find a full list of procedures online.
How To Identify Problem Tenants
by Landlord Angel
As a property owner, you may have had several occasions in which you had to deal with problem tenants. These individuals can not only make your live difficult, but can bother surrounding tenants as well.
This article will focus on some of the common problems you may encounter in dealing with problem tenants. Hopefully, this will not only assist you in identifying undesirable occupants, but will assist problem tenants with identifying their own poor behavior as well.
Rowdy tenants that stay up late and are noisy deep into the night are perhaps the most common problem. Tenants may also fail to realize the volume they are speaking at, or that they may be disturbing their neighbors.
Additionally, pets can worry some property owners. Of course, a small pet such as a cat is forgivable, but if there is a no pet policy you can not allow a tenant to house a dog on the property. This would not only constitute a violation of the rental agreement, but dogs can be very noisy in addition to the damage they can cause to a property.
Consistently late rent is an obvious problem. As an owner, make sure there is a late fee penalty for rent more than five days overdue.
No owner wants a rental property to be poorly cared for. In this case, it is the responsibility of the tenant to keep their unit clean and sanitary. Failing to do so can not only lead to an unattractive appearance, but might also attract vermin.
Lastly, the constant complainer can be a real pain. When dealing with a tenant that is never happy with the property management, make sure to provide reliable services. This includes regular maintenance, as well as asking the tenant if there are any repairs that need be addressed. This will hopefully cut down on the occupants complaints.
As you can see, there are a variety of reasons that people can be labeled a problem tenant. If you encounter an occupant that displays the behavior described above, it is important to communicate your concerns legally and clearly so the appropriate changes can be made.
Do you have problem tenants and aren't sure how to get them removed. Find out the law and ways to evict problem tenants today. Save your property and the costs that can mount up when you have tenants that you need to leave.
The Considerations Of Tenant Eviction
by Landlord Angel
A tenant eviction can be an unpleasant experience for landlord and tenant alike. Although this may not be a pleasant process, there are times in which eviction is unavoidable.
This article will examine the various reasons for eviction. Additionally, the discussion will include some of the concerns that accompany the process of eviction.
The paying of rent is the first concern of any landlord. That being said, when a tenant fails to pay their fees, eviction is necessary. If this problem is not confronted immediately, the landlord is opened up to future abuse.
Other infractions involving a violation of the rental agreement include pets and the number of occupants. Some residents will house more people in the residence than the lease allows. A tenant might also house a pet, despite a specific no pet policy in the lease.
Something perhaps unexpected and unusual is the committing of a crime on the rental property. In order to keep the property a pleasant place, and to avoid a negative reputation, it is important to remove those occupants convicted of criminal activity on the premises.
Unruly tenants, or tenants who disturb other property occupants can also be a major concern. Whether it be due to late night rowdiness, shouting, or parties, it is important that all occupants exhibit a common and reasonable respect for other tenants on the property.
As far as the law goes, different communities have different policies regarding eviction. For instance, rent-controlled properties may require the disbursement of relocation fees to evicted tenants. Additionally, a general rule of thumb is that there must be an explicit cause for the eviction of a tenant.
Although the process varies depending on evictions laws in your community, resources you need include a lawyer specializing in evictions, documentary evidence to support you decision, and cooperation with local law enforcement to serve the tenant with an eviction notice. I recommend making every effort to resolve the dispute prior to turning to the eviction process.
Know all there is to know about a tenant eviction notice when you have to deal with tenant eviction.
How To Write Eviction Letters For Tenants
by Landlord Angel
Do you have an awkward tenant, one that us not respecting your property or a tenant always in arrears? This may be a case for eviction, but before demands are begin to be made, always ensure that you adhere to the laws set so as not to put yourself up for scrutination yourself when sending eviction letters for tenants.
Abiding by eviction laws is very important when following through an eviction process, you must protect yourself. If the tenant set up for the contract is monthly, then ninety days notice must be provided for them to vacate the property. Should the tenant refuse to leave, you are well within your rights to take the matter to court.
The latter should always be begun with your name, your full address and a contact number for yourself. Address the latter to the evictee using their full name and sign it off with your own, along with a written signature.
Always ensure that the letter sounds professional and never colloquial in any shape or form. It is vital that this letter is to be taken seriously so will sound professional if it ever needs to be read out in court.
Nowadays, there are a multitude of companies available who can do all of this work for you. They will write the letters, send them off and some will even follow the process right through the courts and do all of the relevant paperwork. This is an excellent option if you do not have time to do this yourself.
However, if you search for free eviction letters for tenants, many free letter templates are available to download or copy. Once you have decided on the best and most suitable one for the situation, print it out on good quality paper and preferably send it by recorded post, so that the addressee cannot deny receipt of it.
If you have a problem tenant that you need to get rid of, you may want to find Eviction Letters For Tenants or an Eviction Letter For Tenants to solve your problems.
Learn The Procedures For Rent Arrears & Eviction by Landlord Angel
Court procedures could be a necessity for rent arrears & eviction. There are two kinds of procedures that are commonly used.
One proceeding is a notice with the court order on it. In the other proceeding, before a judgment can be made, a hearing has to take place. Trying to evict someone without a court order is unlawful.
Do not rely on promises of payment or estimated leave dates made by tenants. If the promises are not kept, severe financial loss can occur.
Notify tenants that there is certain amount of time for them to pay or leave. When the notice expires, do not hesitate to seek legal proceedings.
The fast track court proceedings are only allowed in certain situations. A written lease agreement must be on file, assured shorthold tenancy, a valid form of section 21 notice has been served and the two month time limit in the notice has expired. Send a copy of your records to the court.
To evict someone due to arrears on rent, several requirements include: two months behind on the rent or a total of the same, serve a 'section 8' notice using the required method before issuing proceedings, the notice period of two weeks must have expired and use the normal possession proceedings.
Take the following into consideration when choosing the appropriate method.
If everything is in order, a tenant cannot hinder you from attaining possession using the shorthold ground. The fast track process will not let you claim rent and get a money judgment. If the tenant becomes current on the rent, eviction cannot happen based on the grounds of past due rent.
File a section 21 notice if you want the tenant gone. There is a longer waiting period for this process.
The fast track procedure is recommended if the tenant plans on using the defense of poor property management.
Receiving a monetary judgement is next to impossible after a tenant has vacated the property.
If you're sure that the tenant will stay employed, you can choose the fixed date procedure. A fixed date procedure will have to be used if rent is not being paid and there are several months left on the lease.
Make sure that you know all you can about Rent Arrears & Eviction
Your Steps To Evict A Tenant
by Landlord Angel
Renting out property can be lucrative but it can also become a hassle. When there is a tenant that needs to be evicted the job of landlord can be difficult. Evicting a tenant is not a fun thing to do but at times it can be very necessary. When you have a tenant that is not following the rules then you need to know what the process of eviction is so that you can make sure that they move out promptly. There are certain steps to evict a tenant.
There are certain steps that need to be taken in order to evict tenants legally. It is important that the first thing that you do is learn the reasons that you can evict in the first place. There are three reasons that you can evict.
There are only certain reasons that you can evict someone. The first is if they just have not paid rent. The second situation is if they break the term of the rental agreement. The third reason is if they are being unsafe or unhealthy around the other tenants on the property.
Once you have determined that you have grounds for eviction, you will then need to give them a written warning, or a pay(comply) or quit notice. This will give them a chance to fix the problem so that they do not have to be evicted. If the tenants do not comply during this period then you can go to court and file for eviction.