What is Section 8 of the Housing Act 1988?
A ‘section 8 notice to quit’, also known as a ‘section 8 possession notice’, is so called because it operates under section 8 of the Housing Act 1988. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST).
What are the grounds for a Section 8 notice?
Mandatory Grounds
- Ground 1: landlord taking property as their own home.
- Ground 2: mortgage property.
- Ground 3: holiday let.
- Ground 4: property tied to an educational institution.
- Ground 5: housing for a minister of religion.
- Ground 6: refurbishment.
- Ground 7: death of the tenant.
- Ground 7A: conviction for serious offence.
How do you get a Section 8 notice?
To give your tenants notice using a Section 8, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. Specify on the notice which terms of the tenancy they’ve broken.
How long does a Section 8 notice last?
Section 8 notices continue to be valid for 12 months after they are served. Landlords can apply to the court for a possession order if the tenants do not leave by the date specified in the form as the earliest date on which possession proceedings can be brought.
What is a ground 8 notice?
Ground 8 is a ‘mandatory’ ground for possession. 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.
How much is rent for Section 8?
If they are approved, selected and then find an apartment or house with the voucher, their local housing authority starts sending payments directly to landlords. The payments cover some or all of the voucher holder’s rent. On average, each household will pay somewhere between 30% and 40% of its income on rent.
When can I give a section 8 notice?
Essentially, a landlord can issue a Section 8 notice at any time during the tenancy period – as long as there is a legal ground for eviction. In the case of rent arrears, the notice can only be used when the tenant is in rent arrears of at least two months or more (or eight weeks for a weekly tenancy).
What happens after a section 8 notice?
If you get a section 8 notice, it’s the first step your landlord has to take to make you leave your home. You won’t have to leave your home straight away. If your section 8 notice is valid, your landlord will need to go to court to evict you. You might be able to challenge your eviction and stay longer in your home.
How does Section 8 of the Housing Act 1988 work?
Section 8 of the Housing act 1988 provides one of the ways in which a Landlord can obtain possession of his property from the Tenant before the fixed term of the tenancy has come to an end. This legal route may be used for both Assured and Assured Shorthold tenancies.
What are the grounds for a section 8 notice?
Section 2 of the Housing Act 1988 provides 17 grounds that the Landlord may use in order to obtain possession of his property from the Tenant. Where there is more than one ground for possession, all the applicable grounds should be included on the Section 8 Notice. A brief summary of the 17 grounds of possession follows:
What are the rights of a tenant under the ha 1988?
The HA 1988 gives certain rights to a tenant in occupation under an assured shorthold tenancy. One of these is the right to occupy the property for the full fixed term set out in the tenancy agreement, which must be a minimum of six months.
How does Section 8 of the Rent Control Act work?
Section 8 allows landlords to regain possession on one or more grounds stipulated in Schedule 2 to the Act, which include rent arrears (Ground 8) and anti-social behaviour (Ground 14), two of the most commonly-cited grounds.