This then starts the process of gaining a possession order. The landlord wants to demolish and reconstruct, or redevelop all or part of the property. 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Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing— 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 means, it isn’t an eviction. The upside to being a Section 8 … There are 17 different grounds for eviction, which were divided into two categories - Mandatory grounds and Discretionary grounds: Here after this date ALL section 8 Notices given for properties located in England - MUST include amendments that allow for inclusion of "SECTION 97 OF THE ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014" Any Section 8 issued after this date that does not comply will be invalid read more about new laws. Renters’ Reform Bill to abolish Section 21 in England. Grounds for Possession – Assured Shorthold Tenancies. Depending on the reason for eviction, a Section 8 notice can be given to a tenant for a period of 2 weeks, 4 weeks or 2 months, after which time the tenant will be asked to leave. Ground: Explanation: Key Legislative Excerpts : Notice Period: 1: Landlord moving back into a property they previously lived in, to use as their principal home. When serving a Section 8 Notice Seeking Possession under this discretionary ground for possession, landlords need to carefully consider whether the evidence available will satisfy this ground and whether if it likely the court will consider it reasonable to grant an Order for Possession in favour of the landlord. Essentially, a Section 8 is served when a landlord has grounds for eviction (e.g. Will a Section 8 guarantee that a possession order will be granted? Section 8 – Notice seeking possession. What happens after the Section 8 Notice has been served? You must then serve it to the tenant according to the same rules as above. If there are large rent arrears and the tenant has means to pay or there is a guarantor, Section 8 is the obvious choice. The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds. In this Section 8 form, you will have to include the grounds on which you are serving the notice. Grounds for Eviction: Ground 8 – the mandatory rent arrears ground March 24, 2016 by Ben Reeve-Lewis This is the wording from the Act. At the state opening of Parliament on 19 December 2019, the Queen’s Speech announced a Renters’ Reform Bill that will abolish the use of ‘no fault’ evictions by removing Section 21 of the Housing Act 1988 and reforming the grounds for possession. L4L Agents Login Join L4L Request Info For more information regarding HUD Section 8 termination, click here. 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. The Certification of Basis for Eviction (“Certification”) is a one page form that a landlord has to prepare and provide to NYCHA that gives them notice of the intent to evict a tenant, and of the landlord’s basis for eviction. A Section 8 notice - or simply an ‘eviction notice’ - is used by landlords in England and Wales to terminate an assured shorthold tenancy (AST) when a tenant has breached the agreement or fallen into rent arrears.. 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. In this case the mortgage in question has to predate the start of the tenancy. PIMS Eviction FlowChart . This includes falling behind on your rent, damage to the property or complaints from neighbours. To do this the landlord has to acquire forms N5 and N119 from their local county court and pay the appropriate court fee. Resources … California Tenant’s Guide —Learn about the rights and responsibilities of tenants and landlords in California, including evictions, security deposits, landlord obligations, and more. If a possession order is granted it normally takes effect within 14 days, but in cases of true hardship on the part of the tenant this can sometime be extended to six weeks. Section 8 - More or Less Grounds for Eviction 07-10-2018, 21:45 PM. In general, a Section 8 tenant has to pay 30 to 40% of the rent while the local housing authorities will cover the remaining 60 to 70%. The grounds to serve a section 8 notice are found in Schedule 2 of the Housing Act 1988. The landlord can still use a section 21, which allows them to evict the tenant without any reason. Understand your experience of the website and do not store any personal data 6 Coldbath Square London! 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