Section 8 Notice
NOT ALL THE GROUNDS ARE MANDATORY AND SOME REQUIRE YOU TO WAIT 2 MONTHS BEFORE TAKING ACTION.
The landlord gave notice to the Tenant at the start of the tenancy that he may one day seek possession to regain his property back because it is his only or principal home. Or the landlords require the property back for his spouse who needs to reside in it as his only or principal home. The Tenant must speciﬁcally served notice to this eﬀect at the start of the tenancy.
Repossession by Mortgagee
It is important that you keep a copy of the notices that have been served and how it was served. You must also be able to present this to the court just in case the tenant denies receiving the notice.
The next step is sometimes quite confusing for Landlords and if not dealt with correctly may result in you not being successful in court.
Both at the date of the service of this notice under Section 8 of the Housing Act and to the date of the hearing;
- rent is payable weekly or fortnightly and at least 8 weeks’ rent is unpaid; or
- rent is payable monthly and at least 2 months’ rent is unpaid; or
- rent is payable quarterly and at least one quarter’s rent is more than 3 months in arrears and
- if rent is payable yearly, at least three months’ rent is more than three months in arrears and for the purpose of this ground “rent” means rent lawfully due from the tenant
Rent lawfully due
TRent is unpaid on the date of service of S.8 Notice
The tenant has persistently delayed in paying rent lawfully due.
Breach of obligation
Any obligation to the tenancy ha been broken or nor performed.
Nuisance and annoyance
The tenant is guilty of nuisance and annoyance and or using the property for immoral means.
The property is occupied by a couple and one member of the couple has left due to violence or threats from the other partner towards the partner who has left or a member of their family who was residing in the property. This ground only applies to property which is owned by a charitable housing trust or registered social landlord.
Used when the landlord gave permission for the tenancy based on a false statement which was made knowingly by the tenant.
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