S8 notice

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    S8 notice

    I am considering using S8 ground 6 to evict one of my tenant, he is on rolling contract (3 months initial) how long the notice should be ?

    #2
    The notice period for all section 8 notices is currently a minimum of three months.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      You will also need to pay all reasonable moving costs to the tenant, it is currently 3 months due to Covid-19, prior to this it was 2 months written notice.

      Comment


        #4
        Originally posted by ash72 View Post
        You will also need to pay all reasonable moving costs to the tenant, it is currently 3 months due to Covid-19, prior to this it was 2 months written notice.
        What moving cost? he has bloody owed me 1.5 months rent already. All the private landlords suffered seems doing charity work . They can use our property without any worry. The system sucks for sure.

        Comment


          #5
          s8 for <2 month arrears is only discretionary, not mandatory and T can avoid repo by reducing rent owed to less than 2 months.
          If the system sucks, why did you become a LL?
          Undertaken any LL training?

          Comment


            #6
            He said ground 6...
            Ground 6 – This ground is similar to one established in commercial leases (Landlord and Tenant Act 1954) where recovery of possession is allowed where a landlord wishes to demolished or substantial reconstruct or redevelop the building.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by Uklondoner View Post

              What moving cost? he has bloody owed me 1.5 months rent already. All the private landlords suffered seems doing charity work . They can use our property without any worry. The system sucks for sure.
              A landlord doing charitable work is not that uncommon, I used to do stuff for CaB (an eye-opener..)

              It's the law: The same legal system that permits you to attempt eviction under ground 6... see...
              https://england.shelter.org.uk/legal...ed_tenancies#6
              - from the experts....
              Ground 6 - Redevelopment


              Two months' notice of proceedings required.

              The landlord must show s/he intends to demolish, reconstruct or carry out substantial works to the whole or a considerable part of the property, and cannot reasonably carry out the work while the tenant remains in residence. The landlord must prove that either the tenant will not agree to a variation in the terms of the tenancy to grant the landlord access, or to accept a tenancy of a reduced part of the house or the nature of the work is such that variations are not practical. Landlords who have purchased the property during the tenancy cannot use this ground. Nor can it be used against a tenant who succeeded to the assured tenancy on the death of a regulated tenant (see the section on Succession).

              There is no requirement for the landlord to provide alternative accommodation as there is with the similar ground for secure tenants under the Housing Act 1985, however, the landlord will be liable to pay reasonable removal expenses.[6] This ground can also be used where a landlord who has leased the property to a housing association (that has sublet to the tenant) intends to carry out substantial works.

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              (but all grounds are now 3 months... Then the Q for the court as it ploughs throuh the huge backlog: I'd guess at least 9 months of not longer before you even get to court...

              Reasonable expenses is from s11 of 1988 Housing Act.. You know, Thatcher's Act.
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Originally posted by theartfullodger View Post
                He said ground 6...
                I might have misunderstanding about it. I need to refurbish the room and I want to use it as a reason to kick him out.

                Comment


                  #9
                  What exactly is the redevelopment you are proposing? Only that room? Not possible for him to move to another room?

                  How many s8s for arrears have you served please? (I'd expect at least 2)
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Originally posted by mariner View Post
                    s8 for <2 month arrears is only discretionary, not mandatory and T can avoid repo by reducing rent owed to less than 2 months.
                    If the system sucks, why did you become a LL?
                    Undertaken any LL training?
                    I will always say the system sucks. Traning? What training ?

                    Comment


                      #11
                      Originally posted by theartfullodger View Post
                      What exactly is the redevelopment you are proposing? Only that room? Not possible for him to move to another room?

                      How many s8s for arrears have you served please? (I'd expect at least 2)
                      Upstair is leaking or whatever . I won't have another room plus the price is not the same should I expect him to pay more? I have not served anything even if I did it would expire by now. Plus if he is knowledgeable he could refuse to pay nothing ( he had paid some during the last 3 months but not enough).

                      Comment


                        #12
                        Can you serve a valid s21 notice? If so, go with that. No reason required

                        Comment


                          #13
                          Originally posted by DPT57 View Post
                          Can you serve a valid s21 notice? If so, go with that. No reason required
                          Yes I can but I just want to find a way to get rid of him as quickly as possible. The guy doesn't pay rent but has money to buy weeds , rubbish.

                          Comment


                            #14
                            S21 is likely to be quicker than the alternatives.

                            Comment


                              #15
                              "I will always say the system sucks. Traning? What training ?"

                              Nuff said.

                              Comment

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