Section 8 Notice
Repossession using a Section 8 Notice
There are numerous types of eviction notices that can be issued to a rented property’s occupants to end a tenancy and achieve the successful eviction of a tenant.
Using a Section 21 Notice
The first method is to send out a notice naming section 21 from the Housing Act; this method normally successfully supports a property’s landlord’s desire to reclaim their rental home. A property’s landlord may serve these types of eviction letters at any time (they do not need to wait for a tenant to contravene a clause within the tenancy contract); but this is only successful when any deposit that has been arranged, has been protected in a tenancy deposit arrangement sanctioned by the government. This notice citing section 21 can only be issued for the recovery of a rental home at the finish of an AST term; to protect all tenants it may never be used as a way to get back a rented property quickly while inside the agreed fixed period.
Successful Eviction using a Section 8 Notice
When a property’s owners wish to have their property vacated earlier than agreed before the end of a fixed period, a section 8 notice can be used when the occupant (or anyone forming their household) has breached the agreement for the tenancy. Section 8 is typically employed when an occupant hasn’t made the rent payments on time or another breach such as damaging the provided contents (or other property) and / or being antisocial to the neighbours.
A section 8 notice will inform the property’s occupants that the landlord / owner wants possession of their rented dwelling and it will also (without any doubt)state the grounds for which possession is being pursued. Many landlords will say rent defaulting is the most common worry for them; so to assist, the grounds involving non payment of rent are;
Ground number 8; Rent was not up to date on the day that the notice was received and also at the point of the hearing in court. The amount of rent that should be overdue is proportional to the rental period.
Ground number 10; Rent which is lawfully owed to a property’s owner at the point that the notice of repossession was issued, had still not been paid up when the repossession action proceeds.
Ground number 11; A renter has not settled the rental payments on a regular basis.
After a section 8 notice has been received, the recipient then has fourteen days to make any representations. By and large it takes about five weeks for a hearing once the application has been made. A property’s owner must be present at the preliminary hearing as they must by law demonstrate to the court the tenancy agreement, the contract infringement, the details of the outstanding rent and a copy of the notice that was served. Usually a judge will order the occupants to move out of the property within fourteen days, but this can be delayed in some cases to six weeks.
Next Article – Section 8 Housing Act 1988
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