News Article

Posted on Monday, December 19, 2016

SECTION 8 - Grounds for Possession

A landlord can recover possession of his property under a fixed term assured shorthold tenancy (AST) by serving a Section 8. To be able to terminate an AST by serving a Section 8 Notice at least one of the statutory grounds for possession set out in Schedule 2 of the Housing Act 1988 must be satisfied. There are mandatory and discretionary grounds. If the landlord can provide evidence that a mandatory ground is satisfied, the court must make an order for possession. Even if a discretionary ground for eviction if proven, it is up to the courts to decide whether it is reasonable to evict the tenant. A list of both mandatory and discretionary grounds can be found below.

Under section 8 the landlord is required to first serve notice on his tenant informing the tenant that possession is sought and the ground(s) on which the landlord is relying. The form of notice prescribed by the Housing Act 1988 must be used in order for the notice to be valid. The length of notice period given to the tenant will depend on the ground(s) the landlord is relying on.

 

Grounds for Possession

Mandatory/Discretionary

Notice Period Reqiured

1. The landlord used to occupy the property or wants to occupy the property as his main home

Mandatory

2 months

2. The property is subject to a mortgage existing before the property was let and the mortgagee is entitled to exercise a power of sale

Mandatory

2 months

3. The property is holiday accommodation let out of season for a term of no more than 8 months

Mandatory

2 weeks

4. The property is student accommodation let out of term time for a term of no more than 12 months

Mandatory

2 weeks

5. The property is accommodation for a minister of religion

Mandatory

2 months

6. The property requires redevelopment

Mandatory

2 months

7. The tenant has died

Mandatory

2 months

8. The tenant owes substantial rent arrears

Mandatory

2 weeks

9. Suitable alternative accommodation is available for the tenant

Discretionary

2 months

10. The tenant is in arrears of rent

Discretionary

2 weeks

11. The tenant has persistently delayed in paying the rent

Discretionary

2 weeks

12. The tenant has breached any obligation in the tenancy other than one related to the payment of rent

Discretionary

2 weeks

13. The tenant's actions have caused the condition of the property to deteriorate

Discretionary

2 weeks

14. The tenant is guilty of causing a nuisance or annoyance or has been convicted of using the property for any illegal or immoral purpose.

Discretionary

None Required

14A. One tenant has left the property due to domestic abuse

Discretionary

2 weeks

15. The tenant has allowed the landlord's furniture to deteriorate due to ill-treatment.

Discretionary

2 weeks

16. The tenant occupies the property in consequence of his former employment by the landlord

Discretionary

2 months

17. The landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false.

Discretionary

2 weeks

The above is merely a brief description of each ground. Landlords should refer to Schedule 2 to the Housing Act 1988 for full details of each ground for possession.

 

 

WARNING: The forms referred to in this note are only intended to be used by those experienced or trained to do so.

The information contained in this note is intended for general guidance only and cannot be relied upon. We recommend that you contact a solicitor for specific advice before serving notice or starting possession proceedings.

 

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