section 8 ground 14

The most common reason for issuing a section 8 notice to quit is rent arrears and this is covered in grounds 8, 10 and 11. The notice is commonly referred to as a 'notice seeking possession' (NSP) or a 'section 8' notice. 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 … Differences between Section 8 and Section 21. Ground 1: The landlord requires possession in … One complaint from you is nowhere near sufficient. Grounds involving rent arrears. 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. 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. Secondly the changes to section 8 are more complex and they have, as we predicted, ... Overlaying this, where notice is served on grounds 1, 2, 5 to 7, 9 or 16 (without ground 7A or 14) then the notice must be no shorter than a notice to quit served the same day if the … If you need or want legal advice on starting the eviction, discuss the case with a solicitor. It is very unlikely a judge will grant the landlord possession on those grounds. Section 8 Grounds 14 during fixed term period 02-07-2018, 18:20 PM Hi, I have served notice of section 8 ground 14 (nuisance) and the tenant has no defense whatsoever (it is in a HMO and the other tenants all complained about him several times - he has had 2 warning letters from me). Section 8 of the MDA controls the consumption (of certain controlled drugs, namely cannabis and opium), production and supply of controlled drugs on premises. Whilst there are 17 Grounds that may be used when seeking possession of a property for Landlords only 1,8,10,11,12,13,14,15,17 apply. It should be noted in the Mountain case where the above extract is taken from, the section 8 notice was ultimately held to be invalid. The Section 8 route can only be followed if there is a valid ground for possession (i.e. The State recognizes the role of women in nation-building, ... marking clearly their boundaries on the ground. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice. This is important because any errors the landlord makes when serving the section 8 notice is likely to lead to serious delays. Serving a Section 21 notice may be seen by a tenant as less aggressive. Ground 14 The tenant or someone living with or visiting the tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been In order for a landlord to start possession proceedings against an Assured or Assured Shorthold tenant before the fixed term has come to an end, the landlord will need to serve notice of his intention to seek possession. Under ground 14 of section 8 of the housing act 1988, can i issue proceedings as soon as notice has been served as i am - Answered by a verified Solicitor. SECTION 14. Section 8 as amended by Section 151 of the Housing Act 1996 Notice Seeking Possession of a Property Let on an Assured ... • Where the landlord is seeking possession on ground 14 (with or without other grounds), court proceedings cannot begin before the date this notice is served. Schedule 2 of the Housing Act 1988 creates a number of grounds under which a landlord may successfully apply to court for possession using a Section 8 notice. We use cookies to give you the best possible experience on our website. Section 8 notices have a notice period of either 2 weeks or months. Notice must be given in the prescribed manner in a section 8 notice. He or she can help you complete the Section 8 notice and determine the grounds that apply in your case. This section creates a criminal liability for occupiers or managers who allow their premises to be used for certain drug-related activities. His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10. In U.S. land surveying under the Public Land Survey System (PLSS), a section is an area nominally one square mile (2.6 square kilometers), containing 640 acres (260 hectares), with 36 sections making up one survey township on a rectangular grid.. The Section 8 procedure under the Housing Act 1988 is used where the landlord wishes to regain possession of the property during the term of an Assured Shorthold Tenancy (AST). It can be served at any time. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. Section 8 laws are complex, and a successful Section 8 notice requires you to be precise. Grounds for issuing a Section 8 Notice other than for Rent Arrears 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. This is known as a Section 8 Notice and it must be in a prescribed form. 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 12: You’ll find yourself quoting this ground the most on your section 8 form. Section 8 Notices are similar to another legal tool, known as a Section … Ground 17: The tenant has been found to have given false information when entering into the tenancy. If you are serving a Section 8 notice, then you must fill out this form. Customer: 14 Fernside Gardens, Mosley Birmingham JA: Anything else you want the Lawyer to know before I connect you? Under section 8 of the Housing Act 1988 there are 17 separate grounds on which a landlord can seek possession of a property. Ground 8 is a 'mandatory' ground for possession. SECTION 8. 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. It is used in England and Wales and is part of the Housing Act 1988. Section 8, also known as the Section 8 notice to quit or the Section 8 possession notice, is a prerequisite if the landlord of an assured tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession. Under ground 14 of section 8 of the housing act 1988, can i. The landlord needs a lot of solid evidence the tenants are causing a nuisance. the tenant has done something wrong). So, for example where the landlord is serving the notice due to rent arrears, the notice should state ground 8, 10 and 11 along with the narrative for those grounds and include a schedule of the rent arrears. Where the landlord is seeking possession on any of grounds 1 to 6, 9, 12, 13, 15 or 16, or of grounds 8, 10 or 11 if at the time the notice is served less than six months’ rent is unpaid, (without ground 7A or 14) court proceedings cannot begin earlier than six months from the date this notice is served on you. Customer: no the letting agent recommend we should go for Section 8 Ground 14 there are additional grounds though as well the tennants have dumped our furnitiure outside the property changed the locks It is, therefore, common practice to cite more than one ground for rent arrears (i.e. The notice must: be in the prescribed form, or in a form substantially to the same effect; specify the ground(s) on which possession is being sought and set out the 'particulars' of the ground, explaining how the ground … Ground 2 The property is subject to a mortgage which pre-dates the tenancy and the mortgagees are repossessing the property to enforce the Unlike section 21 proceedings the length of time of a notice using this ground is only 2 weeks (probably nearer three weeks once you factor in time for service), so in theory it is quicker but unlike s21 proceedings there has to be a court hearing with this one and the wheels can come off quite quickly in terms of adjournments for sloppy paperwork submitted by either side. Ground 14 also applies if it can be shown that the tenant is causing a nuisance to neighbours. Other grounds are expressly discretionary. [F7 (4) If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act [F8 (whether without other grounds or with any ground other than Ground 7A)], the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than [F9 three months after] the date of the service of the notice. You must then serve it to the tenant according to the same rules as above. Section 8 ground 14 is discretionary. Ground Earliest date from service of section 8 notice when proceedings can be issued 1,2,5-7,9 and 16 (whether with or without other grounds, other than 7A or 14) Two months from service of notice, or, if longer, earliest date on which, apart from section 5(1), the tenancy could be brought to an Grounds for Possession: 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. The Section 8 Notice must specify which ground(s) of possession the Landlord is using to obtain possession. Section 21 and Section 8 notices You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both. The Section 21 route takes at least two months, whereas the Section 8 route takes at least three. Again, the ground is a discretionary ground for possession so even where the tenant/family member has the necessary conviction, if serving a Section 8 Notice Seeking Possession under this ground for possession, it is also necessary for the court to consider it reasonable to grant an Order for Possession in favour of the landlord. The law states: '8. In this Section 8 form, you will have to include the grounds on which you are serving the notice. These grounds for possession apply to all assured or assured shorthold tenancies entered into after 15 January 1989. Possession Using Section 8 Notice Fault based possession. However, when serving a section 8 notice the ground or grounds that are being relied on by the landlord should be stated and the reasons for relying on them. 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