section 8 grounds

SRA No. Ground 5: The property is that of a minister of religion. Write your case number on the piece of paper – you can find your case number on the claim form. The tenant is convicted in engaging in illegal or using the property for immoral purposes. In these cases it is at the court’s discretion whether to grant a landlord a possession order. If you don't go to the hearing, you could find out the court's decision by phoning them or speaking to your landlord. NHS Choices - Information on hospitals, conditions and treatments. The court will tell you when it will look at the case for the first time - this is called the 'review date'. For nationwide professional legal advice, contact us today. For example, they might have harassed you because of your gender or refused to make changes for your disability. It's best to give as much detail as possible - the court will look at what you say to decide whether you can stay in your home. You should act straight away if you get court papers. The possession hearing will be at least 4 weeks after the review date. For example if you've paid some of your rent arrears or if you've repaired any damage you caused. 566885. Check if your problem counts as discrimination to find out whether you can add it to your eviction defence. Find out how to complain about your doctor or health visitor. You can use the defence form that came with the court papers to give your reasons for challenging your eviction. Ground 8: The tenant is in rental arrears. As demonstrated by Hunter v. Southam, the protection of people includes corporations as legal persons. Complete the form below for callback from one of our legal team. This is called starting a possession claim. If your landlord has treated you unfairly because of who you are, you might be able to stop your eviction. It is very unlikely a judge will grant the landlord possession on those grounds. The amount of extra time the court can give you depends on the reason, or ground, your landlord is using. 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. You should get help before you decide to leave your home. If there’s a problem with your landlord’s documents, the court might pause or stop the eviction. 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. You can also find a copy of the defence form on GOV.UK – it’s called form N11. 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. Get help from your nearest Citizens Advice straight away if you've been told bailiffs are coming to your home. Your landlord has to give you a reason for giving you a section 8 notice. 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. Talk to an adviser to find out what legal advice you can get. 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. Thank you, your feedback has been submitted. Join Date: Feb 2014; Posts: 24852 … 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). The court will look first at whether they can make you leave your home using the mandatory grounds. Failure to state the grounds in the notice may cause delay in getting court possession order(!!!). Our fee for completing the form and serving it, is only £75.00 plus vat. Current wording for Grounds Section 8 07-12-2020, 15:27 PM. 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. They might not be able to speak for you in court. Senior Member. Find out if you can get help with legal costs at GOV.UK. Ground 12: Any obligation of the tenancy has been broken, other than payment of rent. In fact, ... ALL the grounds for possession require the landlord to serve a section 8 notice, suitably drafted, first. We use cookies to improve your experience of our website. Ground 6: The property requires redevelopment. This notice is served if a tenant has breached one or more terms of the tenancy agreement. Even if you have to leave your home, the court might give you more time to find somewhere else to live. Website designed, built and managed by Search Station, Divorce/ Dissolution of Civil Partnership. Ground 10 is a 'discretionary' ground for possession and can be used for any amount of rent arrears. 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. 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. Ground: Explanation: Key Legislative Excerpts : Notice Period: 1: Landlord moving back into a property they previously lived in, to use as their principal home. 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. 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. On grounds 1 and 2 the court has discretion to waive the prior notice requirement if it is just and equitable to do so. If you leave your home before the date on your section 8 notice, you could be considered 'intentionally homeless'. 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. Section 8 ground 14 is discretionary. 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. 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. Ground 10: The tenant is in arrears of rent. Ground 13: Due to the tenant’s conduct, the property has deteriorated. Court costs can be expensive. You might be able to challenge your eviction and stay longer in your home. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home. 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. The government have temporarily changed the law around evictions. This is known as 'suspending' a possession order. Read more about getting help with legal costs. Section 8 notices continue to be valid for 12 months after they are served. Please tell us more about why our advice didn't help. 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. 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. The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. You can talk to a free legal adviser on the review date – they’re called the ‘duty adviser’. 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. 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. 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. 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. It is used in England and Wales and is part of the Housing Act 1988. Please be aware, there are discretionary grounds (where the Judge can use his/her discretion to order possession) or mandatory grounds. 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. The court will also send a letter telling you whether you have to leave your home. 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. This … It could mean the court will decide you can stay in your home. 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. Joe pays his rent weekly and is 9 weeks behind with his rent. This is a prescribed form so any other form of notification would not satisfy the requirements. So you may feel it is money well spent to make sure that the notice is valid. The remaining grounds are 'discretionary'. Contact expert Section 8 Notice solicitors now . 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. If you can’t go to the possession hearing, tell the court as soon as possible. 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. 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. Your landlord should give your section 8 notice in writing using 'form 3' or a letter with the same information. 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 court will have to accept your landlord's grounds for possession before they decide whether you have to leave. 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. You should use the defence form to explain to the court why you think you should have more time in your home. Authorised and Regulated by the Solicitors Regulation Authority. Written notice of this possibility should be given before or at the start of the tenancy. They'll also need to show you had the arrears when you got the section 8 notice. They have to give you the notice at least 14 days before they evict you. Ask the court if you want to pay the court costs over a longer time - for example by making a smaller payment every month. This is called an 'outright possession order'. The notice is usually for a period of 2 weeks, although some of the grounds (set out below) require more than 2 weeks notice. 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. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. Instead, Section 8 would have enhanced grounds for which a landlord can evict a tenant and a simpler, faster process through the courts, so landlords aren’t waiting too long to evict a tenant. You can find form 3 on GOV.UK if you're not sure what it looks like. The notice must be served in the prescribed form, we can assist you by providing you with a pro-forma for the notice. Ground 11 applies if the tenant has regularly been late at paying the rent whether or not the tenant is actually in arrears. This means that the court has to accept your landlord's reasons if they can prove them. Contact your nearest Citizens Advice if you get a possession order. 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. Your landlord has to follow coronavirus guidelines and rules if they want to evict you – check if your landlord has followed the rules. It's a good idea to show the court you've tried to lower your rent arrears. Ground 8 is a 'mandatory' ground for possession. If your landlord started the claim after 3 August 2020, talk to an adviser. Enforcement officers are also known as bailiffs. The Possession Procedure – 1988 Housing Act. Ground 3:The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let. You don’t need to go to court – but you should make sure you can talk on the phone. 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. 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. They might be able to get your landlord to agree to pause or stop the eviction. Is there anything wrong with this page? For example if you can now repay your arrears in a reasonable time. You'll need to deal with it as well as your section 8 notice - and the steps are different. You cannot insist that a tenant vacates without a court order, even if the notice has expired. The papers will also include a form to challenge the eviction – this is called a 'defence form'. 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. If you couldn't go to the court hearing you might be able to get the court to look at your case again. Each tenant must have a copy of the Section 8 notice. Ground 17: The Landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false. They'll usually tell you their decision on the day of the hearing. 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 appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing. If your section 8 notice is valid, your landlord will need to go to court to evict you. If they're not, the section 8 notice won't be valid. Get help from your nearest Citizens Advice if you're not sure about the grounds for possession that have been used. 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. 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. The tenant then has 2 weeks in order to rectify the breach, or agree reasonable terms with the Landlord. 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. Your landlord has to give you a valid reason for giving you a section 8 notice. This letter is called a ‘reactivation notice’ – you can check what to do if you get a reactivation notice. When you go to the court in person, you’ll have to wear a mask or covering for your mouth and nose. 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. It can be served at any time. Section 8 protects people, not places, against unjustified intrusions on their privacy interests (Hunter v. Southam Inc., 2 S.C.R. You should also explain why it won't happen again. One complaint from you is nowhere near sufficient. Posted on February 25, 2019 by Catherine Hartland Watkins - Uncategorised. You might be able to challenge your eviction and stay in your home. Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears. For example, because you're in rent arrears or because you've damaged the property. Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to exercise a power of sale. If you find it difficult to use the defence form, write what you want to say on a piece of paper instead. 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 If you get legal aid, you might get protection from paying your landlord's costs if you can't afford to pay them. You should pay as much as you can afford to reduce your rent arrears. The papers will include a copy of the form your landlord filled in when they started the claim – this is called the ‘claim form’. The court could delay the date you'll need to leave your home. Bailiffs are employed by the court to help landlords get their property back. Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to … For example if the court didn't look at relevant information or used the wrong law. Ground 1 The landlord requires the property in order to use it as their main residence. If Joe's landlord can prove he is at least 8 weeks behind with his rent when he got the notice and when he went to court, the court will have to order that he can be evicted. Your landlord might use more than one ground for possession. Of paper – you can find form 3 on GOV.UK if you usually... Have breached those grounds landlord can prove them the judge can use will depend on what for. That of a minister of religion 3 August 2020, talk to an adviser and assistance rectify the section 8 grounds or. Posted on February 25, 2019 by Catherine Hartland Watkins - Uncategorised are 'mandatory grounds for... 12: any obligation of the housing Act 1988 contains a list of grounds in Schedule 2 of housing. 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