Eviction Notice; Will Section 8 Help Me?
Relationship between tenants and landlord are often found sensitive when it comes to following terms of the contract or payment of the dues
. Payment of the dues is often sighted the main reason but there can be a lot of reasons for landlord to evict tenants. On account of landlord one can understand as his house serves as a financial assistance and if it is disrupted, Issues are bound to arise for him/her. Not just that a tenant can also be evicted because of causing disturbance for neighbors or committing unlawful activities in the property. So; in this case legal way of intimating the tenants to evict the property prematurely as per specified time period is section 8. Section 8 serves as a document for the landlord to produce in front of the tenant provided if he is found violating any of the clause of the agreement signed between him and the landlord. Also before serving the notice landlord should bear in mind that he is evicting the tenant on solid grounds as he also holds the right to contest eviction in the court. The notice need to be served on section 8 form specifically so that landlord can obtain possession orders from court, provided if tenants do not evict the property within specified time mentioned in section 8 notice. Eviction time period depends on the grounds used as reason for eviction. It can be 2 weeks till 2 months. Afterwards if tenant still fail to comply with notice landlord holds the right to involve the court.
Which law validates the premature possession of leased property and how the process works?
A landlord has to follow the civil procedure set out in the Housing Act 1988 (amended 1996) to lawfully gain possession. This is the legislation that created the Assured and the Assured Short hold tenancy. It is the same piece of legislation that is used to lawfully bring the tenancies to an end. The Section 8 Notice (unlike the Section 21 Notice), can expire inside the fixed term of the contract (or inside the first 6 months of the contract if there is no written agreement). When tenants are given a (valid)
Section 8 Notice, they should leave on (or by) the expiry date. If a tenant does not leave, the landlord will have to approach the Courts to apply for a possession Order. A landlord will have to apply for a Possession Order if the Section 8 Notice has expired and the tenants cannot, or will not, leave the property. A landlord will not be able to obtain a Possession Order if the Section 8 Notice s/he has served is defective. A landlord does not have to apply for a Possession Order immediately upon expiry of the Section 8 Notice. S/he can wait up to 12 months from date of service of the notice to approach the Courts. During the fixed term of an assured short hold tenancy, the landlord can only seek possession if one of grounds 2, 8, 10 to 15 or 17 apply and the terms of the tenancy (normally as stated in the tenancy agreement) make provision for it to be ended on any of these grounds. Following are the grounds upon which a landlord can seek possession.
Ground 2: that the mortgagee is claiming possession.
Ground 8: At the date of service of the notice and at the date of the hearing, the tenant has not paid the rent, and either rent is payable weekly or fortnightly and at least eight weeks' rent is unpaid; or rent is payable monthly and at least two months' rent is unpaid; or rent is payable quarterly and at least one quarter's rent is more than three months in arrears.
Ground 10: The tenant was behind with his rent when the landlord served notice that he wanted possession, and when he began court proceedings.
Ground 1: Failure to pay rent repeatedly.
Ground 12: The tenant has broken one or more of his obligations under the tenancy agreement.
Ground 13: The condition of the premises or any of the common parts has deteriorated because of the behaviour of the tenant, his subtenant, or any other person living there.
Ground 14: The tenant or someone living with him has caused a nuisance to neighbors, visitors or others in the locality or has been convicted of using the property for immoral or illegal purposes or has been convicted of an indictable offence committed in the locality.
Ground 14A: The property is occupied by a couple and one of them has left due to violence or threats of violence from the other partner or from a member of that partner's family who was living in the property also. This notice can only be used by a registered social landlord or a charitable housing trust. The tenant who has left must also be sent this notice.
Ground 15: The furniture has been ill-treated by the tenant or by someone living with him and the tenant has failed to remove that person.
Ground 17: The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant's instigation.
by: Clark Taylor
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