You can also find a copy of the defence form on GOV.UK – it’s called form N11. The Possession Procedure – 1988 Housing Act. Authorised and Regulated by the Solicitors Regulation Authority. You'll get court papers when your landlord starts a possession claim. The court could delay the date you'll need to leave your 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 if you can now repay your arrears in a reasonable time. Your landlord will have to show the court that the grounds for possession they've used are right for your situation. 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. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. Your landlord can only use 'ground 8' if you have arrears of at least: If you can reduce your rent arrears below these levels before the court hearing, your landlord won't be able to prove ground 8. If there’s a problem with your landlord’s documents, the court might pause or stop the eviction. If you get a possession order, you'll usually have to pay any court costs within 14 days. They might decide to let you stay in your home if you can show you can repay your arrears, for example. Ground 10 is a 'discretionary' ground for possession and can be used for any amount of rent arrears. Whether you can do this depends on the ground your landlord uses. 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 don't go to the hearing, you could find out the court's decision by phoning them or speaking to your landlord. 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. For nationwide professional legal advice, contact us today. Ground 8 is a 'mandatory' ground for possession. If your section 8 notice is valid, your landlord will need to go to court to evict you. 753519911. Complete the form below for callback from one of our legal team. Contact your nearest Citizens Advice if you get a possession order. 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. Make sure you keep a copy - you'll need to remember what you've written later on. If you miss the deadline, you should still send it as soon as possible. Ground 4: The tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term. However with the increasing regulation surrounding section 21, it is likely that this ground may start to be more popular. Contact your nearest Citizens Advice if you need help understanding the grounds for possession your landlord is using. 145 at 159; R. v. Gomboc, 3 S.C.R. This could be a type of discrimination called victimisation. The possession procedure under Section 8 of the Housing Acts 1988 & 1996 is known as the Section 8 Route and is available to landlords where the tenant is in breach of one or more terms of his tenancy – it’s a fault based system. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. 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 might be able to challenge your eviction if your section 8 notice isn't valid or you have a good reason why you shouldn't leave your home. They'll also need to show you had the arrears when you got the section 8 notice. Written notice of this possibility should be given before or at the start of the tenancy. The amount of notice you get will depend on what grounds for possession your landlord has used. Some people don’t have to wear one – check who doesn’t have to wear a mask or face covering on GOV.UK. 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. Bailiffs have to give you a notice of eviction with the date and time of your eviction. Court costs can be expensive. There are 17 grounds that the landlord may use, laid down in Schedule 2 of the Act. Is there anything wrong with this page? 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. You'll need to deal with it as well as your section 8 notice - and the steps are different. You can use the defence form that came with the court papers to give your reasons for challenging your eviction. The court will look first at whether they can make you leave your home using the mandatory grounds. In these cases it is at the court’s discretion whether to grant a landlord a possession order. The court might stop the eviction or award you compensation to lower any rent arrears you owe. Enforcement officers are also known as bailiffs. 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 Your landlord will have to prove to the court the grounds for possession they've used are right for your situation. Legal reasons for eviction are called 'grounds for possession' on the notice. 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. If a landlord requires possession of the property before the end of your fixed term shorthold tenancy, you must be served with a “notice seeking possession” and your landlord requires valid grounds as defined in the Housing Act 1988 This is called starting a possession claim. This is because grounds 9-17 are 'discretionary grounds'. There are a number of different ways that a Landlord can recover possession of a property when the tenant has been served with an Assured Shorthold Tenancy Agreement (AST). Mandatory Grounds for Section 8 Eviction. If your landlord can prove the grounds for possession, the court will usually have to order you to leave your home. If you can’t contact the duty adviser on the day of the hearing, tell the usher or the judge before the hearing starts – the judge might agree to delay the hearing. Advice for people affected by child abuse. 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. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment. Ask the court if you want to pay the court costs over a longer time - for example by making a smaller payment every month. There are lots of reasons your landlord can use, for example if you: Your landlord could give you a section 21 notice as well as a section 8 notice. 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. This means that Joe's landlord can't prove he's 8 weeks behind with his rent in court. Your landlord has to give you a reason for giving you a section 8 notice. One complaint from you is nowhere near sufficient. You should also think about what your options are if you decide to leave. Get help from your nearest Citizens Advice if you're not sure about the grounds for possession that have been used. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. Click here to Download a Free Section 8 Form. These reasons are known as 'grounds for possession'. You might have to pay court costs - the judge will tell you how much. This is because grounds 1-8 are 'mandatory grounds' for possession. You should make sure you go to the possession hearing even if you've not sent your defence. Explain why you can’t go – for example because you have to self-isolate. For example, they might have harassed you because of your gender or refused to make changes for your disability. All rights reserved | Privacy Policy This could make it harder for you to get help from your local council. You can challenge your eviction if for example: If you can, talk to an adviser before you challenge your eviction. Our fee for completing the form and serving it, is only £75.00 plus vat. The length of notice your landlord has to give you depends on the type of tenancy you have and when they asked you to leave. 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. Your landlord can't go to court until after the date given on your section 8 notice. You'll have a chance to put your case forward and the court will make a decision. If you get a section 8 notice, it's the first step your landlord has to take to make you leave your home. 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. Ground 1 The landlord requires the property in order to use it as their main residence. Ground 2. Make sure you write on your defence form why you think you should be allowed to stay in your home. This means that if you can show that one of these grounds applies, the court must give possession. You might be able to challenge your eviction and stay longer in your home. Section 8 – Notice seeking possession. They might be able to get your landlord to agree to pause or stop the eviction. Take any evidence with you to court, for example: You can get a lawyer to represent you in court. Make sure you keep a record of what you've paid. You'll need to explain your situation in as much detail as you can. If you can’t go to the possession hearing, tell the court as soon as possible. For example if you've paid some of your rent arrears or if you've repaired any damage you caused. Joe pays his rent weekly and is 9 weeks behind with his rent. The process takes time and sometimes the court can stop an eviction. Ground 16: The tenant occupies the property due to his former employment by the landlord. They'll usually tell you their decision on the day of the hearing. This is called 'defending possession'. 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. A landlord using mandatory grounds must ensure that they do more than simply state 'ground 8', for example, in the particulars of claim. 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. 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. It’s worth talking to the duty adviser even if you’ve already got advice. 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. Find out if you can get help with legal costs at GOV.UK. 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. They must be notified the grounds that the landlord is relying upon, and why they have breached those grounds. You might be able to defend your eviction using discrimination law - check if your housing problem is discrimination. Ground 13: Due to the tenant’s conduct, the property has deteriorated. VAT No. The HA 1988 requires that possession can be sought only for certain reasonsor grounds. We use cookies to improve your experience of our website. Your landlord should give your section 8 notice in writing using 'form 3' or a letter with the same information. It is used in England and Wales and is part of the Housing Act 1988. There are a number of grounds for possession which the Court will deem as either ‘mandatory’ or ‘discretionary’ possession, as outlined below: For example if the court didn't look at relevant information or used the wrong law. They can talk to your landlord for you. This … The tenant then has 2 weeks in order to rectify the breach, or agree reasonable terms with the Landlord. Ground 3:The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let. The court will decide whether you can stay in your home and how long for. 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. You can take someone with you for support, for example a friend or family member. 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. Read what we're saying about a range of issues. 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. The court will then decide whether they accept your landlord's grounds and think it's reasonable for you to leave your home. You might be able to challenge your eviction and stay in your home. You should check if your landlord has given you the right amount of notice. As demonstrated by Hunter v. Southam, the protection of people includes corporations as legal persons. His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10. If you get a section 21 notice, don't ignore it. The ground number and explanation should be on your section 8 notice. You can find form 3 on GOV.UK if you're not sure what it looks like. You should think about whether you have a good case to stay in your home if you go to court. 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. 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. This is a prescribed form so any other form of notification would not satisfy the requirements. You might get a section 8 notice at any time during your tenancy. For example, if you're in rent arrears there are 3 grounds that can be used. Join Date: Feb 2014; Posts: 24852 … A landlord seeking to serve a section 8 notice seeking possession under this ground must give tenants at least two months’ notice. You should use the defence form to explain to the court why you think you should have more time in your home. 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. Failure to state the grounds in the notice may cause delay in getting court possession order(!!!). Let us know, Copyright ©2020 Citizens Advice. 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. The court will have to accept your landlord's grounds for possession before they decide whether you have to leave. You might have to pay your landlord's court costs if your landlord starts a possession claim. If you couldn't go to the court hearing you might be able to get the court to look at your case again. Your landlord might owe you money if they: The court is more likely to decide you can stay in your home if you can show you're dealing with your rent arrears and can afford to keep paying your rent. 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. Ground 9: Suitable alternative accommodation is available for the tenant upon possession. You should talk to an adviser as soon as possible if: If your landlord started court action against you before 3 August 2020, they have to send you a letter before they can continue with their court claim. The notice must be served in the prescribed form, we can assist you by providing you with a pro-forma for the notice. 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. You might be able to stop a possession order if your situation changes, for example if you start getting benefits and can repay your rent arrears. It depends on the reason your landlord is using to try to make you leave. You can also apply to change an order later, for example if you can't keep to the terms of the order any more. © 2020 Newbold Solicitors. 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. So you may feel it is money well spent to make sure that the notice is valid. If you leave your home before the date on your section 8 notice, you could be considered 'intentionally homeless'. This is known as 'suspending' a possession order. SRA No. The grounds for possession your landlord can use will depend on your situation. Your landlord has to follow coronavirus guidelines and rules if they want to evict you – check if your landlord has followed the rules. 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. 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. 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. The possession hearing will be at least 4 weeks after the review date. 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 don’t wear one, you won’t be allowed in the building. They have to give you the notice at least 14 days before they evict you. The landlord needs a lot of solid evidence the tenants are causing a nuisance. Each tenant must have a copy of the Section 8 notice. 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. Your landlord might use more than one ground for possession. This only applies to mortgages that were in existence before the start of the tenancy. Contact your nearest Citizens Advice for help if you couldn't go to the court hearing. All rights reserved. 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. You should act straight away if you get court papers. The court will also send a letter telling you whether you have to leave your home. 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. 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. Grounds for issuing a Section 8 notice other than rent arrears. You can find out more or opt-out from some cookies. Grounds For Eviction How much notice is given in a Section 8? This is called an 'outright possession order'. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home. Dear Forum, Back in January / Feb I served a section 8 notice on 2 tenants that stopped paying rent and were very abusive, but I was going to rely on Grounds 8,10,11 as difficult to prove that the tenant threatened to stab me in the back. You might be able to challenge the eviction. Find out how to complain about your doctor or health visitor. 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. These grounds for possession apply to … The validity of Section 8 notices remains unchanged by the Coronavirus Act 2020. The court will then decide if it's reasonable for you to leave your home. Ground 11 applies if the tenant has regularly been late at paying the rent whether or not the tenant is actually in arrears. You'll be told by the court if you can stay in your home or if you'll have to leave. Get help from your nearest Citizens Advice straight away if you've been told bailiffs are coming to your home. Ground 12: Any obligation of the tenancy has been broken, other than payment of rent. Thanks Tags: None. Section 8 and a Section 21 notices are both used to serve notice on a tenant, however they are very different, and it is vitally important that the correct notice is served to avoid delay and expense. A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. Your landlord doesn't need a reason for giving you a section 21 notice. Before the review date, read the letters from the court and make sure you know how to contact the duty adviser on the review date. Thank you, your feedback has been submitted. 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. 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 court might: You can check how to prepare if the court decides to arrange a hearing by phone or video call. Bailiffs are employed by the court to help landlords get their property back. Ground 10: The tenant is in arrears of rent. Normally, you'll get at least 14 days' notice - you won't have to leave straight away. On grounds 1 and 2 the court has discretion to waive the prior notice requirement if it is just and equitable to do so. What does it mean to have power of attorney? This means they can ask the court to send 'enforcement officers' to make you leave. Current wording for Grounds Section 8 07-12-2020, 15:27 PM. You could give any extra evidence you have, for example if you've got a new job and could afford to pay back some arrears. You should pay as much as you can afford to reduce your rent arrears. Ground 5: The property is that of a minister of religion. This letter is called a ‘reactivation notice’ – you can check what to do if you get a reactivation notice. If your landlord started the claim after 3 August 2020, talk to an adviser. Registered number 01436945 England Registered office: Citizens Advice, 3rd Floor North, 200 Aldersgate, London, EC1A 4HD. Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. 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. It could mean the court will decide you can stay in your home. If your landlord can't prove any of the mandatory grounds, the court will then look at the discretionary grounds to decide whether you need to leave your home. Website designed, built and managed by Search Station, Divorce/ Dissolution of Civil Partnership. Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears. 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. FREE Eviction Checklist. Any help most welcome, especially for grounds 8,10,11,12 and 14. Please call our housing team, if you require any further advice and assistance. The government have temporarily changed the law around evictions. Since the time of serving, these two tenants simply trashed my 10 bedroom HMO, have been If the court needs more information, they might decide to hear the case on another day. If you’ve got no income or a low income, you might be able to get legal aid to help with the cost. Find out more about dealing with rent arrears. Posted on February 25, 2019 by Catherine Hartland Watkins - Uncategorised. The property is subject to a mortgage which pre-dates the tenancy and the mortgagees are repossessing the property to enforce the charge. Senior Member. This is because grounds 9-17 are 'discretionary grounds'. 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.