Section 8 Housing Act 1988
Section 8 Housing Act 1988 – Overdue Rent
If a rental homeowner (or their letting agent) wants their tenant’s departure from a rented home because they have not paid the rent, either one of them can issue an eviction notification letter to the renter according to section 8 Housing Act 1988. The eviction notification letter must inform the renter that the property owner will be beginning a repossessions process, but this may only be started;
• No earlier than 2 months (following the eviction notification letter) or;
• No longer than 12 months (following the eviction notification letter).
The eviction notification letter must detail that the basis on which this eviction process will be started will be discretionary ground number eight (within section 8 of the Housing Act).
When rent payments are provided each week or fortnight then the rent must be eight weeks (or more) behind when the eviction notification is served; as well as at the point of the eviction hearing. (If the rent is made every month, then there must be two calendar months or greater in arrears.)
The owner (or their agent) should start an eviction claim at court as quickly as possible once the notice comes to an end and on condition that the previously mentioned conditions are met, a court will always grant the eviction order.
Section 8 Housing Act 1988 – Set Term has Ended.
When a rental homeowner wishes for their occupant to vacate once the fixed period of a tenancy agreement has finished, the property owner should give a written eviction notification to their renter stating that they would like custody of their rented property. Any served eviction notification must give a renter two months ( or greater) to leave the rental dwelling; however this eviction notification ought to be provided on (or prior) to a date which is 2 months ahead of the day on which the fixed tenancy is due to end.
If the renter will not voluntarily leave the property once this eviction notification runs out, an application should be made to a court to get the tenants to depart. Any court will have to provide this repossession order if;
• The said tenancy is an assured short hold tenancy.
• The expiration date of the fixed term has run out.
• The eviction notification has been legally served.
Proceedings should commence within twelve calendar months of this eviction notification being served; if not another notice must be served.
Section 8 Housing Act 1988 –Getting the Bailiffs In
In general, tenants do stick to a court’s judgment and following the order being made, most tenants do leave the rental residence. But if they do not, this doesn’t then mean the property owner can simply kick their tenants out. If they still refuse to leave the rented house, another application needs be put in to have them ejected by bailiffs. The tenant’s removal will then be carried out by bailiffs according to the law and the said property will be returned back to the proprietor.
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