It applies where theletting has been your main residence and you are returning to occupyit yourself, or where it was not your main residence before but thatyou intent to live there now.In order to apply this clause two things need to happen: (1) your tenancy agreement should include a clause referring to ground 1 and that this may be involved, and (2) the tenant, prior to the start of the tenancy, must be served a notice explaining ground 1 and stating that the letting is on the basis that ground one may be invoked. These are the mandatory grounds 1 – 8 Ground 1: The Landlord requires possession as he used to occupy the property as his main home or he now wishes to occupy the property as his main home. This is a new rule because of the coronavirus outbreak and will apply until at least September.
Ground 1 (Section 8, Schedule 2, Housing Act 1988) states: Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of …
This is a mandatory ground, meaning if you have served prior notice and can prove the circumstances that satisfy this ground then the judge has no choice but to grant outright possession. Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to … 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. Section 8, also known as the Section 8 notice to quit or the Section 8 possession notice, is a prerequisite if the landlord of an assured tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession. Mandatory Ground 1 possession is split into two parts: (1) A section 8 notice landlord can seek to rely on this ground for possession where he/she (or their spouse) has occupied the property as their only or principal home at some time before the start of the assured shorthold tenancy; or The most common type of breach is the non-payment or late payment of rent, however, damage to the property, unsociable conduct, and subletting are also grounds for a possession order.These grounds for possession, under Schedule 2 of the Housing Act 1988, fall into 2 main categories and are listed belowMany landlords try to tackle the eviction process themselves by serving a Section 8, but there a few details that must be 100% accurate and many landlords attempting to evict tenant’s themselves unknowingly serve an invalid notice, consequently delaying the entire eviction process, which ultimately may result in more lost rent for the landlord.A Section 8 notice to quit, sometimes referred to as a Section 8 possession notice has to be completed and served correctly on the tenant(s) of the rental property, allowing the landlord to seek possession of the rental property from the tenant during the term of the Assured Shorthold Tenancy (AST).Section 8 – Grounds For Eviction Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
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