8.1 Definitions. These are the mandatory grounds 1 – 8 Ground 1: The Landlord requires possession as he used to occupy the property as his main home or he now wishes to occupy the property as his main home. The tenant has breached any of the terms listed in the tenancy agreement. travel or working away, there is a little known way of letting which This ground can only be used if the landlord used the property as their main residence prior to the tenancy beginning. For mandatory grounds (1-8), a judge must order possession if the landlord can prove the existence of the ground. Ground 8 Rent is unpaid when the notice seeking possession is served, and at the time of the hearing for a Possession Order: ended tenancy, but don’t worry, this won’t happen for at least a The landlord needs a lot of solid evidence the tenants are causing a nuisance. When a tenant is in rent arrears, a section 8 notice may be served and is commonly used where the tenant is in arrears by two months or more rent. These grounds for possession, under Schedule 2 of the Housing Act 1988, fall into 2 main categories and are listed below. (b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings. be invoked, the landlord serves a section 8, ground 1 notice on the Ground 6: The property requires redevelopment. Section 21 rules have over time become increasingly complex. 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. (8) "Redeemable ground rent" means a ground rent that may be redeemed in accordance with this section or redeemed or extinguished in accordance with § 8-110(f) of this subtitle. Section 8 ground 14 is discretionary. If any of your grounds for possession are numbered 1-8, the court will order you to leave your home if they accept your landlord's case. 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). Section 8 Notices are similar to another legal tool, known as a Section 21 Notice. possession or, in the case of joint landlords seeking possession, at LATEST: Welsh NRLA launches election manifesto demanding fairer treatment of landlords, Lock maker calls for fire door inspections, BREAKING: Landlords warned to serve new How to Rent guide or…, EXCLUSIVE: Latest Brexit Visa rules will exclude new overseas landlords, SHOCK figures: London to lose a net 13% of all renters…, Legal issues – data privacy and access to clients’ personal data, UK comes top in world rankings for property taxes…, Crown Estate commits to net zero carbon by 2030, EXCLUSIVE: ‘We must take the lead on possessions for the sector…, CGT proposals reaction: ‘It will drive smaller landlords out of sector,…, Guest blog: How Crisis is working WITH private landlords on ground-breaking…, Landlord leader interview: Peter Littlewood, iHowz. The tenant needs to have refused to live in all or part of the property while work is carried out for this ground to be feasible. Written notice that this may happen must be served before the tenancy begins. Section 21 or Section 8? The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. One complaint from you is nowhere near sufficient. . Section 8 Notice to Seek Possession. Mandatory Grounds Ground 1: landlord taking property as their own home. Many landlords try to tackle the eviction process themselves by serving a Section 8, but there a few details that must be 100% accurate and many landlords attempting to evict tenant’s themselves unknowingly serve an invalid notice, consequently delaying the entire eviction process, which ultimately may result in more lost rent for the landlord. 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.. health crisis, with everyone on virtual lock-down, new lettings are It can be served at any time. For discretionary grounds (9-17), the judge will decide whether or not the circumstances justify a possession order. There may be other legal reasons for eviction with a section 8 notice. The property was previously used as a holiday let and is required to return to the status of holiday let. The landlord must serve a Section 8 notice within 12 months of the death of the named tenant. ensures landlords can reclaim possession of their properties safely For the exact conditions that apply to this Ground please see the Housing Act 1988. For discretionary grounds (9-17), the judge will decide whether or not the circumstances justify a possession order. Ground 4: The tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term. One complaint from you is nowhere near sufficient. 8.1 Special programs. Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to … The landlord must serve a Section 8 notice within 12 months of the death of the named tenant. If the tenant refuses, the landlord can start court possession proceedings on the day following the date cited on the Section 8 form. mandatory ground, which means that providing the conditions have been 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 Differences between Section 8 and Section 21. Ground 11 E+W Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due. This is because grounds 1-8 are 'mandatory grounds' for possession. 25 lakhs. knowledge of tenant evictions is second to none, that’s why they are the UK’s leading tenant eviction specialists! Legal reasons for eviction are called 'grounds for possession' on the notice. 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. Discretionary Grounds – this covers Grounds 9 to 17 and in these cases the court will only grant possession if it feels it is reasonable to do so. I am looking for specific advice and my questions is at the end. possession order without the Ground 1 Prior Notification. possession, at least one of them requires the dwelling-house as (his, IATA Aviation English E-Course Unit 2: Ground Operations Section 8: Taxi Instructions 1. What happens after the Section 8 Notice has been served? The term "aquifer" is not defined in the HRS, nor are several other key terms whose understanding is required in order to properly evaluate the ground water pathway. the beginning of the tenancy the landlord gave notice in writing to Ground 3 - Out of season holiday let (prior notice ground) Two weeks' notice of proceedings required. Grounds 1 – 8 of a section 8 are mandatory which means that if the landlord satisfies the court that the ground applies, then the court should issue the landlord with a possession order. Dear Friends, I need some help on my situation. To do this the landlord has to acquire forms N5 and N119 from their local county court and pay the appropriate court fee. Grounds 1 to 8 are mandatory, meaning if the landlord can prove to the court that they apply then the court must grant the possession order. Rent is unpaid when the notice seeking possession is served, and at the time of the hearing for a Possession Order: Rent is paid weekly or fortnightly and at least eight weeks' rent is owed. In this case the mortgage in question has to predate the start of the tenancy. According to the United States Public Land Survey System, a section of land is approximately 1 mile by 1 mile and consists of 640 acres. Tenant eviction can be a bit of a minefield for the uninitiated landlord and the safest and fastest way to evict a tenant is to use a tenant eviction specialist, like LegalforLandlords who take care of all the paperwork and appoint trained legal teams to deal with the hassle. Section 7(6) of the Housing Act 1988 Ground 8 E+W. The landlord wants to demolish and reconstruct, or redevelop all or part of the property. Discretionary Grounds – this covers Grounds 9 to 17 and in these cases the court will only grant possession if it feels it is reasonable to do so. Splitting land to sell to family member to build house. While privacy is a central or core concern under section 8 of the Charter, section 7 also provides residual protection for privacy interests (R. v. Mills, [1999] 3 S.C.R. Using Ground 1 Notices. I have put what I have gone through in a concise summary as I could. However, if you have served a ground 1 notice on tenants at the start of the tenancy you will be able to obtain possession without much problem. The tenant has failed to pay more than 8 weeks rent in the case of weekly payments, 2 months in the case of monthly payments or 1 quarter in the case of quarterly payments. Used when the landlord wants to live in the property as a permanent home. Ground 17: The tenant has been found to have given false information when entering into the tenancy. Tenancy entered into on 15th June 2014 for fixed term one year (at considerable expense to tenant) and landlord has already changed his mind and wants possession back for end November 2014 and is threatening using a section 8 ground 1 giving two months notice now. landlord who gave the notice mentioned above acquired the reversion Given the long before the beginning of the tenancy, the landlord who is seeking This website uses cookies to improve your experience. Mandatory Grounds – this covers Grounds 1 to 8 and if one of these grounds is cited on a Section 8 form the court must grant possession to the landlord. In order for possession to be ordered by the court, any one or more of the following five conditions contained within 7A must be met. 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) if rent is payable weekly or fortnightly, at least [F17 eight weeks’] rent is unpaid; (b) if rent is payable monthly, at … The intention of a ground 1 notice is to allow possession on an “assured” tenancy where the landlord may seek the property back due to living in the property as the landlords only or principle home. It applies where the Unit Progress 0% Complete Directions: Read … To make a Section 8 form valid, the landlord must state which grounds the tenant has breached according to Schedule 2 of the Housing Act 1988. A S8 notice is required only to terminate an assured shorthold tenancyand is not appropriate for other types of letting agreement such … show exceptional hardship on the landlord’s part, and better A Section 8 notice to quit, sometimes referred to as a Section 8 possession notice has to be completed and served correctly on the tenant(s) of the rental property, allowing the landlord to seek possession of the rental property from the tenant during the term of the Assured Shorthold Tenancy (AST). Home; Section 8 of the Ontario Building Code; Section 8 of the Ontario Building Code Ground 1 comes under section 8 of the Housing Act 1988 and appears in schedule 2. want to let out their own homes on a temporary basis. Mandatory Grounds – this covers Grounds 1 to 8 and if one of these grounds is cited on a Section 8 form the court must grant possession to the landlord. The remaining grounds are discretionary, which means it is within the court’s discretion to issue the landlord with a possession order. Further, directors and officers of the company are liable to punishment with imprisonment up to 3 years and a fine between Rs. The well driller, professional or other person responsible for constructing a well is … you intent to live there now. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. Section 8: Taxi Instructions 1. There is no fixed number of acres per side because an acre does not have to be square as long as it 43,560 square feet. This is the date that the tenant has to have paid their rent arrears by, or have vacated the property by, and in nearly 80% of cases the tenant leaves or pays before this date arrives. A girl lying on the grass at the tip of the shadow is looking at a bird nesting at the top of the tree. The property was let on the basis of false information provided by the tenant or one of their referees/ guarantor. them) nor any other person who, as landlord, derived title under the Ground 1 is a with the requirement of notice and (in either case): (a) at some time Chapter 8, Section 8.1, Question 034 A 280-ft tree casts a 110-foot shadow on horizontal ground. It is important to first determine if the house is constructed as described in Section 8.2.1 or 8.2.4 of the code book. The new ground “7A” is introduced by section 97 and like ground 8 is mandatory if proven. 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. Can it now bring possession proceedings? Company No: 06957943 The property was let to the tenant as a condition of their employment but the employment has now come to an end. 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( prior notice ground ) two weeks ' notice of proceedings required the assured shorthold tenancy and one their.
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