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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 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 … Of course you need to keep a copy and get proof that the tenant received it, ideally a signature.In this matter thecourts have some discretion, so in exceptional circumstances, where alandlord lived in the property prior to the tenancy, and they canshow exceptional hardship on the landlord’s part, and bettercircumstances for the tenant, the courts have been known to issue apossession order without the Ground 1 Prior Notification.Given the longnotice period and court schedule waiting times, it is likely to be atleast 3 months before the tenant can be removed, even in a best casescenario so returning landlords should plan for this.There has been muchtalk of a change in the law which would mean that the existingshorthold regime would be replaced by something equating to an openended tenancy, but don’t worry, this won’t happen for at least acouple of years and given the current crisis, perhaps even longer.During the presenthealth crisis, with everyone on virtual lock-down, new lettings areon hold, but when normality resumes, as it surely will, people willwant to let out their own homes on a temporary basis.If Ground 1 needs tobe invoked, the landlord serves a section 8, ground 1 notice on thetenant which gives the tenants a 2-month notice period. Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to … The landlord must serve a Section 8 notice within 12 months of the death of the named …
Housing Act 1988s7(6)(a) All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction.To make a Section 8 form valid, the landlord must state which grounds the tenant has breached according to Schedule 2 of the Housing Act 1988The Section 8 notice needs to show that the tenant has breached the conditions of the tenancy agreement, any term or condition of the tenancy agreement that is seen to have been broken constitutes a breach. 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. Ground 1 (Section 8,Schedule 2, Housing Act 1988) states:Ground 1 is amandatory ground, which means that providing the conditions have beenmet in full the court must issue a possession order – it requiresthe same notice period as a s21 notice – minimum of 2 months.Whether for extendedtravel or working away, there is a little known way of letting whichensures landlords can reclaim possession of their properties safelyat the end of the term – known as ground 1. However, thisnotice cannot expire within a fixed-term period. The notice period is 3 months if you're given a section 8 on or after 26 March 2020.