The first type of possession is “FAULT BASED” and means the tenant has broken some term of the tenancy. Fault based possession can be started at any time in the tenancy term. We do not recommend landlords to follow this procedure without instructing a solicitor. We see too many cases where the landlord turns up at court without a solicitor. The Judge then spouts a lot of daft legal nonsense which is not true and sends you away empty handed. Who is going to argue with a Judge?
On this page we explain in more detail exactly what a section 8 notice is (which deals with fault based possession), steps to serving a section 8 notice and links to download a section 8 notice and N5/N119 court forms.
A ‘Section 8 notice’ is also known as a 'section 8 possession notice', because it operates under section 8 of the Housing Act 1988. A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and if certain conditions have been met, the most common being one involving rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession before the fixed term of tenancy has finished.
(These grounds for possession apply to tenancies entered into after 15 January 1989)
Ground 1 can be used if the property to be repossessed was, or after the let is intended to be, returned to the landlord as their own home. For this ground to be successful the landlord must have notified the tenant in writing before the tenancy started, that he intended one day to ask for the property back on this ground.
Ground 2 relates to a lender’s right to possession. If the property is subject to a mortgage the landlord will often be required to serve this notice on the tenants.
Ground 3 requires that the fixed term is less than eight months and the property has been let as a holiday home within the preceding 12 months.
The rest of this page and any documents or services related to it are within our members' area.
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