The grounds are all set out in schedule 2 of the Housing Act 1988. This is the wording from the Act. About the rent arrears grounds. The most important things to understand are that :-some of the grounds, if made out at the court hearing with no valid defence or counterclaim, are intended to result in a mandatory order from the court for possession. The Possession Procedure â 1988 Housing Act. Section 8 â Notice seeking possession. If a landlord requires possession of the property before the end of your fixed term shorthold tenancy, you must be served with a ânotice seeking possessionâ and your landlord requires valid grounds as defined in the Housing Act 1988 Grounds for Possession: Section 2 of the Housing Act 1988 provides 17 grounds that the Landlord may use in order to obtain possession of his property from the Tenant. The notice also has to set out the wording of the ground which you intend to use to base your claim for possession on at court. There are three which relate to rent arrears, one mandatory ground (ground 8) and two discretionary grounds. When serving a Section 8 Notice Seeking Possession under this discretionary ground for possession, landlords need to carefully consider whether the evidence available will satisfy this ground and whether if it likely the court will consider it reasonable to grant an Order for Possession in favour of the landlord. His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10. Ground 8 is a 'mandatory' ground for possession. The Section 8 Notice must be in the prescribed format; and; The Section 8 Notice must specify which ground(s) of possession the Landlord is using to obtain possession. 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. Dear Forum, Trying to see if there are any changes to wording for Section 8 Grounds, as I know there have been a lot of changes with regards time before Court proceedings can begin. Other grounds are expressly discretionary. The notice should then clearly state on what ground(s) possession is sought. The most common reason for landlords seeking possession and issuing a section 8 notice is rent arrears which is provided for by grounds 8, 10 and 11. Section 8 grounds. 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 â¦ Grounds The Housing Act 1988 provides 20 grounds on which the landlord may rely on when seeking possession. 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 â itâs a fault based system. Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearingâ (a) if rent is payable weekly or fortnightly, at least eight weeksâ rent is unpaid; (b) if rent is payable monthly, at least two monthsâ rent is unpaid; In the box number 3 on the form write: - â8 and/or 10 and/or 11â and in the lower part write âSee attached sheetâ (wording must be verbatim) It is usual to cite grounds 8, 10, 11 when serving section 8 so that it still succeeds even if the tenant pays off some of the arrears. The full text of the grounds is here for easy reference. Any help most welcome, especially for grounds 8,10,11,12 and 14. Thanks
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