Landlords’ guide to Gaining Possession under Section 8

Presented by

Simon King and

Peter Humpherson

Pickerings Solicitors LLP23rd October 2014

What is Section 21?

Housing Act 1988

Section 21 gives a landlord an automatic right of possession without having to give any grounds once the fixed term tenancy has expired

Minimum of 2 months’ notice required

What is section 8?

Housing Act 1988

Section 8 allows a landlord to seek possession using various grounds listed in Schedule 2 to the act - these include rent arrears and anti-social behaviour

Fixed term does not need to have expired

We recommend, if the circumstances allow, service of both section 21 and section 8 notices on the tenant

Rent Arrears - Ground 8

Minimum 8 weeks’ unpaid rent (if due weekly or fortnightly) or 2 months (if paid monthly)

At both the time of service of section 8 notice AND the court hearing

Two weeks’ notice must be given

Mandatory Possession Order

Rent Arrears- Ground 10

Some rent lawfully due from the tenant is unpaid on the date the proceedings are begun AND at the time of a section 8 notice

Two weeks’ notice

Discretionary Possession Order

Rent Arrears - Ground 11

Whether or not any rent is in arrears at the date proceedings are begun, the tenant has persistently failed to pay rent lawfully due

Two weeks’ notice

Discretionary Possession Order

Other Grounds - for exampleGround 2: mortgagee requires possession of the property because of mortgage arrears on the property (two months notice)

Ground 12: other obligations of the tenancy broken (two weeks’ notice)

Ground 13: condition of the property deteriorated due to acts by the tenant (two weeks’ notice)

Ground 14: tenant/other occupant causing a nuisance (no period of notice)

Procedure

Serve section 8 and/or section 21 notice/s

Await expiry of relevant time limit/s

Check which grounds can still be relied on and whether tenant has vacated

Issue claim form at Court (fee £250 for online or £280 for paper)

Witness Statement and/or attend Court

If possession order granted and expired, and tenant has not vacated - instruct Bailiff

Content of a Section 8 NoticeFull text of the grounds relied upon

Full explanation of why each ground is being relied on

Calculation of the relevant date for expiry - this must include 2 days service taking into account weekends and bank holidays. If sent today (23/10/14), it will not be DEEMED served until Monday (27/10/14)

The 14 days will run from 27/10/14 meaning proceedings could not be commenced until after 10/11/14, so11/11/14 at the earliest

Pitfalls

Contents of a section 8 (and 21) notice and time limits MUST be fully accurate

Pitfalls

Contents of a section 8 (and 21) notice and time limits MUST be fully accurate

A court will dismiss a claim for possession if the notice is defective

Wasted time

Wasted costs

Possible accrual of further arrears

Serving a Section 8 Notice

Serve a copy on each tenant

Deliver by hand or 1st class post

Keep proof of service

If possible get a copy signed and dated

Take a picture of where it was served

Abandonment

Even if the fixed term has ended or rent is not being paid, never assume the tenant has abandoned the property

If the tenant has not returned the keys and confirmed in writing that they have left - get a Court order

ProcedureClaim Form (N9) and Particulars of Claim (N119)

Court fee of £250.00 (online) or £280.00 (paper)

Can claim judgement for arrears

Court lists matter for hearing in approximately 6-8 weeks

Witness Statement

Attend hearing

Are the ground 8 minimum periods still made out?

If not, can no longer rely on it but can rely on other grounds

Court Procedure

Be aware tenant may seek to defend proceedings

Courts “block list” hearings and allocate for 5 minutes

Adjournments are frequent and may delay matters

It could be 3-4 months from service of the section 8 notice to the eviction of the tenant

After the Possession Order If successful Court will set date on which tenant should leave

If tenant does not leave- apply for bailiff’s warrant

Might be a further 6-8 weeks for a warrant based on current Court timetables

Transfer to High Court for enforcement?

Can you enforce the money judgement or is the tenant not likely to pay? Check to see whether the tenant had a guarantor who is more likely to pay

Q & A

Pickerings Solicitors LLP

Etchell HouseEtchell CourtBonehill Road

TamworthStaffordshire

B78 3HQTel: 01827 317070Fax: 01827 317080

Email: enquiries@pickerings-solicitors.com