As a rule of thumb where the ground you are relying on is fault based the notice period is usually 2 weeks with a few exceptions. It depends on the reason your landlord is using to try to make you leave. The notice can be immediate, 2 weeks, or 2 months, depending on the grounds for the notice. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Complaints Policy, © Copyright 2020 Kitsons Solicitors. Section 8 Notice to Seek Possession. However, whether this was an administrative error or due to a lack of training the consequences for landlords can be costly. If you get a section 8 notice, don’t ignore it. You might get a section 8 notice at any time during your tenancy. There are three common scenarios when the section 8 is used. There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative – section 21. Invalid Section 249D Notice . 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. Had the landlord entered a date less than the requisite period, then it is likely that the outcome would have upheld an invalid section 8 notice. See Servicewide Delegation Order (Del. The court examined 2 previous cases and decided that it did not and in fact the notice was invalid in respect of Ground 8. In Mannai, the tenant had served break notices expiring one day too early. Section 21 or Section 8, deciding which eviction action to take. Continue on a separate sheet if necessary. The notice served by ‘Remove a Tenant’ (RaT) set out some of the text of Form 3 but omitted the words highlighted in bold above. The section 8 notices seeking possession under the Housing Act 1988, were served on 7 November 2018 and based on the prescribed form. Although it results in a court hearing rather than a possession order as of right with a Section 21 Notice, if it’s reasonable to order possession the landlord will still get what they want. She has been praised for her ability to quickly understand her clients’ objectives and for offering commercial, pragmatic advice in a straightforward manner. The form to be used is a prescribed form [section 8(3)] – The prescribed form is that found in The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997and paragraph 3 requires the grounds on which the landlord relies upon to be inserted and also – Depending on the number of grounds being used, the full text can be quite lengthy and our ve… Leigh Creek Energy Ltd (ASX: LCK) (“the Company”) advises that following a careful review and consideration of the documents delivered to the company to requisition a meeting of shareholders under Section 249D of the Corporations Act (see ASX announcement dated the th June 2017) (“Notice”) the Directors have 6 PROBLEM: Section 215(1) of the Housing Act 2004 states that If a tenancy deposit has been paid in connection with a shorthold tenancy, no Section 21 Notice may be given in relation to the tenancy at a time when— 1. the deposit is not being held in accordance with an authorised scheme, or 2. the initial requirements of such a scheme (see Section 213(3) have not been complied with in relation to the deposit. Providing focused, practical and pragmatic advice for clients and contacts impacted by Coronavirus. However…the recent Court of Appeal case of Pease v Carter and others 2020 may still allow you to gain possession of your property. Unfortunately, for the landlord a further hearing was set for the claim to proceed on the basis of discretionary grounds 10 and 11. The notice at paragraph 4 only states the arrears at the date of service. The Chancellor has this afternoon announced that the Coronavirus Job Retention Scheme (CJRS), or “the furlough scheme”, will ... Privacy Policy 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). This is the second post on the case of Kassam v Gill. For more information please see our Privacy Policy and Cookies. If you are a tenant and have received a Section 8 or Section 21 notice, it must be in the prescribed form and not simply via letter. The Gills were relying on Ground 8 for significant rent arrears. It did not contain the assertion that rent was lawfully due or owed at the date of the hearing. Under the Housing Act, a landlord is entitled to an order for possession if a tenant is in rent arrears of at least two months. We will always advise you after looking at your case. The House of Lords held that the notices were valid because a reasonable recipient with knowledge of the terms of the leases would have been in no doubt that the tenant wished to determine the tenancy on the correct date. If you found this article useful, please share it... Rhoda is a Solicitor in our Property Litigation team. A no fault eviction would act in the exact opposite way, so it’s invalid. The most frequent reason for Section 8 notice is fallen into rent arrears or non-payments . Section 8 of Housing Act is responsible for tenant’s eviction in case of breaching tenancy agreement. Blog Links: In the case of Pease, it was found that, despite the landlord having inserted the wrong date as the earliest date after which Court proceedings could be brought, the section 8 notices seeking possession, were valid. If a reasonable recipient would appreciate that the notice contained an error, for example as to date, and would appreciate what meaning the notice was intended to convey, then that is how the notice is to be interpreted. This form should be used by a landlord or a tenant who has been served with form 1 (notice under Section 6(2) of the Housing Act 1988), varying the terms of a statutory periodic tenancy. It remains necessary to consider whether, so interpreted, the notice complies with the relevant statutory requirements. His work encompasses dealing with all aspects of landlord and tenant including dilapidations claims, repossessions, enfranchisement, lease extensions, RTM applications and service charge disputes to name a few. There are dangers with using the Section 8 possession claims process under the Housing Act 1988 which are not always apparent to landlords and agents. This notice is in a prescribed form – this means that the wording of the notice is in a standard format and if you change any of this wording the notice will be invalid. Quit ”, a “ notice to quit ”, a “ to! Also completed the Legal practice Course more details, please read our privacy policy and cookies whole:.... Stay longer in your home depending on the reason your landlord could give a. Court to evict you cases and decided that it did not contain the assertion that rent was lawfully due owed! Post we concentrated on whether the possession order should be struck out as an abuse of process consequences. ; will failing to include your name and email address to subscribe to this and! 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