What are mandatory grounds for possession?
What are mandatory grounds for possession?
Mandatory grounds for possession.
What is the Housing Act 1988 summary of it?
In its simplest form, the 1988 Housing Act gives us the modern tenancy agreement whereby a tenant has the right to live, undisturbed, in a property for an agreed period of time and for an agreed amount of rent. The landlord, on the other hand, has the right to set that rent and also has the power to evict.
How long is a s8 notice valid for?
12 months
Section 8 notices continue to be valid for 12 months after they are served. Landlords can apply to the court for a possession order if the tenants do not leave by the date specified in the form as the earliest date on which possession proceedings can be brought.
What are discretionary grounds for possession?
Grounds for possession are either: discretionary – the court has to decide whether it is reasonable for you to be evicted; or. mandatory – the court must order you to leave if the local authority can prove that the ground applies.
What is the difference between a mandatory ground and a discretionary grounds for possession?
The grounds for possession are split into mandatory or discretionary grounds. For mandatory grounds (1-8), a judge must order possession if the landlord can prove the existence of the ground. For discretionary grounds (9-17), the judge will decide whether or not the circumstances justify a possession order.
What is a Section 8 Housing Act 1988?
A ‘section 8 notice to quit’, also known as a ‘section 8 possession notice’, is so called because it operates under section 8 of the Housing Act 1988. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST).
What is Section 20 of the Housing Act 1988?
A section 20 notice (S20) is a notice to tell you that we intend to carry out work or provide a service that leaseholders will have to pay towards. We must serve a S20 on any leaseholder who will be affected by the work or receive the service.
What is a Section 21 of the Housing Act 1988?
Section 21 of the Housing Act 1988 as amended by the Housing Act 1996 requires that the landlord provides tenants of an Assured Shorthold Tenancy (AST) with a minimum of two months’ notice in writing, stating that possession of the property is sought.
Can landlord evict me during Covid?
The new law says you can only be evicted for: • criminal activity that impacts health or safety, and • lease violations that impact health or safety. The new law protects you against eviction if you cannot pay your rent.
Can you evict a tenant on Section 8?
Section 21 and Section 8 notices You can evict tenants even if they have assured shorthold tenancy using a Section 21 or Section 8 notice, or both. Use a Section 8 notice when tenants have broken the terms of the tenancy.
What is Section 21 Housing Act?
What is ground 8 of the Housing Act 1988?
Ground 8 – the tenant owes at least two months’ rent (monthly tenancy) when the notice was served and at the date of the court hearing. Where rent is payable weekly, quarterly or yearly this ground requires that there are rent arrears of eight weeks, three months and six months respectively.
When does the Housing Act 1988 Schedule 2 come into force?
Housing Act 1988, SCHEDULE 2 is up to date with all changes known to be in force on or before 27 August 2019. There are changes that may be brought into force at a future date.
What is ground 12 of a tenancy agreement?
Ground 12 – Breach of tenancy obligation Two weeks’ notice of proceedings required. This ground covers a breach of any term in the tenancy agreement other than rent. Common terms in tenancy agreements include, for example, that the tenant does not engage in acts of antisocial behaviour or keep pets.
What are the grounds for an assured tenancy?
The grounds that can be used for assured tenancies are set out in Schedule 2 of the Housing Act 1988 (though ground 14A can only be used by social landlords). They are divided into mandatory and discretionary grounds. Grounds 9 to 17 are discretionary grounds for possession.
What does F7 mean in the Housing Act 1985?
For the purposes of this ground [ F7 “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5 (4) and (5) of that Act)] and “ charitable housing trust ” means a housing trust, within the meaning of [ F8 the Housing Associations Act 1985], which is a charity, F9 …. F10. . . F2 Words in Sch. 2 Pt.
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