Section 8 Possession Proceedings

A section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. 55 20 1 this section of this part applies where the claimant seeks an interim possession order. Section 8 possession proceedings miriam seitler landmark chambers 5th june 2018.

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Iii interim possession orders when this section may be used.

Section 8 possession proceedings. The provisions are not retrospective. The section 8 notice informs the tenant that the landlord intends to issue proceedings for possession of the property on the grounds specified in the notice. Assured shorthold tenancies including eviction notices section 21 section 8 accelerated possession possession orders bailiffs.

26 07 2018 2 section 5 housing act 1988 1 an assured tenancy cannot be brought to an end by the landlord except by a obtaining i an order of the court for possession of the dwelling house under section 7 or 21 and ii. 2 in this section a ipo means interim possession order. Section 8 fault notice a section 8 notice is generally used where the tenant is in breach of terms of the tenancy most commonly unpaid rent.

His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10. The process takes time and sometimes the court can stop an eviction. If joe s landlord can prove he is at least 8 weeks behind with his rent when he got the notice and when he went to court the court will have to order that he can be evicted.

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. To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. Information for landlords on tenant eviction.

The possession procedure 1988 housing act. In practice most landlords only use this notice where the tenant is in at least two months of rent arrears and the fixed term of the tenancy has still got some time to run. In theory landlords may still be able to rely on a section 8 or section 21 notice under the ha 1988 that has been served before 26 march 2020 subject to bringing possession proceedings within the pre cva 2020 validity periods that still apply to such notices.

Ground 8 is a mandatory ground for possession. Legal reasons for eviction are called grounds for possession on the notice. The possession procedure under section 8 of the housing acts 1988 1996 is known as the section 8 route and is available to landlords where the tenant is in breach of one or more terms of his tenancy it s a fault based system.