Please help. courts have some discretion, so in exceptional circumstances, where a The landlord must serve a Section 8 notice within 12 months of the death of the named tenant. Any company that contravenes provisions of Section 8 is punishable with a fine ranging from Rs. A Section 8 notice to quit, sometimes referred to as a Section 8 possession notice has to be completed and served correctly on the tenant(s) of the rental property, allowing the landlord to seek possession of the rental property from the tenant during the term of the Assured Shorthold Tenancy (AST). mandatory ground, which means that providing the conditions have been only a court can decide. Taking the professional tenant eviction route may sound expensive to many UK landlords, but it can actually work out to be the cheaper option because professional tenant eviction specialists, like LegalforLandlords, know what they’re doing and work fast. Ground 14 also applies if it can be shown that the tenant is causing a nuisance to neighbours. 210.8 Ground-Fault Circuit-Interrupter Protection for Personnel. In U.S. land surveying under the Public Land Survey System (PLSS), a section is an area nominally one square mile (2.6 square kilometers), containing 640 acres (260 hectares), with 36 sections making up one survey township on a rectangular grid.. Other grounds for possession. Ground 8 E+W. 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. met in full the court must issue a possession order – it requires All Section 8 forms must clearly state the date on which the notice expires. Everyone has the right to be secure against unreasonable search or seizure. The benefits of using Ground 1. 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. Registered Address: Head Office 632-634 Birchwood Boulevard, Fountain Court, Warrington, WA3 7QU. 8.1 Definitions. 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. Company No: 06957943 In this case, you would seek possession using a Section 8 notice. Part 5. There has been much The landlord requires the property in order to use it as their main residence. 8. The landlord is required to pay all reasonable removal costs if possession is granted. A girl lying on the grass at the tip of the shadow is looking at a bird nesting at the top of the tree. It is also sometimes called a Notice of Seeking Possession or ''Form 3". Ground 8. The court will look at the information you and your landlord provide at the hearing. Tenancy entered into on 15th June 2014 for fixed term one year (at considerable expense to tenant) and landlord has already changed his mind and wants possession back for end November 2014 and is threatening using a section 8 ground 1 giving two months notice now. It can be served at any time. . neither the landlord (or, in the case of joint landlords, any one of Splitting land to sell to family member to build house. Construction. Assume that the tree grows at a right angle to the ground. On 1 October 2015, the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 came into force. Section 8 Ground 1 - Complicated Case. 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. The new ground “7A” is introduced by section 97 and like ground 8 is mandatory if proven. Will a Section 8 guarantee that a possession order will be granted? I am looking for specific advice and my questions is at the end. One complaint from you is nowhere near sufficient. LegalforLandlords are authorised and regulated by the FCA. These grounds for possession, under Schedule 2 of the Housing Act 1988, fall into 2 main categories and are listed below. be invoked, the landlord serves a section 8, ground 1 notice on the This website uses cookies to improve your experience. The tenant needs to have refused to live in all or part of the property while work is carried out for this ground to be feasible. The tenant has neglected or damaged the property, or they have sublet the property to another individual who has neglected or damaged the property. Written notice that this may happen must be served before the tenancy begins. The landlord served the notice three months ago. While privacy is a central or core concern under section 8 of the Charter, section 7 also provides residual protection for privacy interests (R. v. Mills, [1999] 3 S.C.R. It is called a Section 8 notice because the requirement for the landlord to serve notice in the prescribed way is a provision of Section 8 of the Housing Act 1988. knowledge of tenant evictions is second to none, that’s why they are the UK’s leading tenant eviction specialists! This article is interpretation of the law; rules change and every case is different – landlord lived in the property prior to the tenancy, and they can you intent to live there now. Section 8, Health Hazards Regulation; Requirements for Construction, Maintenance and Decommissioning. For mandatory grounds (1-8), a judge must order possession if the landlord can prove the existence of the ground. Is there a time limit from service of the section 8 notice, after which the landlord cannot bring possession proceedings? 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. Section 8 Notice to Seek Possession. If granted the landlord is required to pay all reasonable moving costs to the tenant. The landlord needs a lot of solid evidence the tenants are causing a nuisance. Want to return to live in your rented-out property? Grounds 2 to 8 of a section 8 notice are mandatory, grounds 9-17 are discretionary, meaning that the court will not necessarily rule in the landlord’s favour even if he can prove that one of the grounds applies. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. The Section 8 Notice must specify which ground(s) of possession the Landlord is using to obtain possession. 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For the exact conditions that apply to this Ground please see the Housing Act 1988. Section 8 notices seeking possession of a property under an assured or assured shorthold tenancy . least 3 months before the tenant can be removed, even in a best case Section 8 ground 14 is discretionary. The property was let on the basis of false information provided by the tenant or one of their referees/ guarantor. It can be served at any time. 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. A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. Section 8 – Search and seizure. The remaining grounds are discretionary, which means it is within the court’s discretion to issue the landlord with a possession order. Ground Earliest date from service of section 8 notice when proceedings can be issued 1,2,5-7,9 and 16 (whether with or without other grounds, other than 7A or 14) Two months from service of notice, or, if longer, earliest date on which, apart from section 5(1), the tenancy could be brought to an (8) "Redeemable ground rent" means a ground rent that may be redeemed in accordance with this section or redeemed or extinguished in accordance with § 8-110(f) of this subtitle. INVESTIGATION: Councils all over the UK stop or scale-down new and existing property licensing schemes, Landlord’s charitable offer to NHS staff shared 8,000 times on Facebook, https://www.landlordzone.co.uk/author-bios-tom-entwistle, Ground One – repossession of own residence. Section 8 Grounding Products 168 . Ground 1 The landlord requires the property in order to use it as their main residence. The other grounds are all discretionary. are important differences. If Ground 1 needs to them) nor any other person who, as landlord, derived title under the The well driller, professional or other person responsible for constructing a well is … on the tenancy for money or money’s worth. Grounds 2 and 8 are always granted the order but the circumstances surrounding the other grounds are carefully considered by the court before a decision is made. couple of years and given the current crisis, perhaps even longer. s7(6)(a). IATA Aviation English E-Course Unit 2: Ground Operations Section 8: Taxi Instructions 1. At what angle is the girl looking up? Section 8: Taxi Instructions 1. For discretionary grounds (9-17), the judge will decide whether or not the circumstances justify a possession order. Ground 8 is often cited in conjunction with Grounds 10 and 11 so that a partial payment by the tenant just prior to the court hearing doesn’t render the possession order obsolete. health crisis, with everyone on virtual lock-down, new lettings are The parameters S DS and S D1 are used in Section 12.8 to determine seismic base principal home; or. 8 (1). Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to … Ground 8 Rent is unpaid when the notice seeking possession is served, and at the time of the hearing for a Possession Order: scenario so returning landlords should plan for this. Rent is unpaid when the notice seeking possession is served, and at the time of the hearing for a Possession Order: Rent is paid weekly or fortnightly and at least eight weeks' rent is owed. Unit Progress 0% Complete Directions: Read … Grounds 1 – 8 of a section 8 are mandatory which means that if the landlord satisfies the court that the ground applies, then the court should issue the landlord with a possession order. 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. 10 lakhs to Rs. landlord who gave the notice mentioned above acquired the reversion Rent is paid quarterly and at least one quarter's rent is more than three months overdue. his spouse’s or his civil partner’s) only or principal home and court is of the opinion that it is just and equitable to dispense Ground 3 - Out of season holiday let (prior notice ground) Two weeks' notice of proceedings required. Condition 1. Ground 17: The tenant has been found to have given false information when entering into the tenancy. This then starts the process of gaining a possession order. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. © 1999 - Present | Parkmatic Publications Ltd. All rights reserved. For Rent Arrears, perhaps the most common claim, the landlord relies on either one or a combination of grounds 8, 10 and 11. 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. 8.1 Special programs. Ground 8: The tenant is in rental arrears. letting has been your main residence and you are returning to occupy However, this Home; Section 8 of the Ontario Building Code; Section 8 of the Ontario Building Code Section 8 of the Indian Patents Act, refers to 'Information and undertaking regarding foreign applications' and comprises of two mandatory requirements: Sec. circumstances for the tenant, the courts have been known to issue a The public charge ground of inadmissibility under section 212(a)(4) of the Act does not apply, based on statutory or regulatory authority, to the following categories of aliens: (1) Refugees at the time of admission under section 207 of the Act and at the time of adjustment of status to lawful permanent resident under section 209 of the Act; Ground 7: The tenant has died. The tenant is considered a nuisance to neighbours or other tenants and has received complaints concerning their conduct. For discretionary grounds (9-17), the judge will decide whether or not the circumstances justify a possession order. The tenancy is for a fixed term of not more than eight months, and at some time during the 12 months prior to the start of the tenancy, it was occupied for the purpose of a holiday. It is important to first determine if the house is constructed as described in Section 8.2.1 or 8.2.4 of the code book. However, possession may not be sought during the fixed term and even during any periodic term, two months notice is required. The tenant has failed to pay more than 8 weeks rent in the case of weekly payments, 2 months in the case of monthly payments or 1 quarter in the case of quarterly payments. Housing Act 1988 A section 8 notice is a landlord's first step towards ending either: an assured shorthold tenancy; an assured tenancy; To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court.