Section 8, Ground 1 (returning to use as my residence)

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    Section 8, Ground 1 (returning to use as my residence)

    Hi everyone, hoping to be pointed in the right direction. I currently let a house on an AST that is due for renewal. I previously lived in this house, and there is a good chance I will want to move back in there in a year or two. I am getting a bit worried about the chatter surrounding the removal of AST / S21. The tenants have been in the property for 8 years, rolling on an annual basis. Maybe I am being overly anxious, but I am thinking of sending them notice along with contract renewal that I intend to move back in there in a years time. I think the tenants need written warning on a prescribed document - to allow me to use ground 1 on a section 8 notice. My question is, should I have provided this document to the tenants 8 years ago when the first moved in - or is delivering it to them with the new contract sufficient? The legals say about giving this warning to the tenants at the "start" of a tenancy, but is that just before renewal or 8 years ago (so have missed the boat) ? I am aware that I can use S21, but am worried with the govt making the law change retrospective. Thanks in advance!

    #2
    Yes, you should have provided a ground 1 notice prior to them moving in. if you read the act it says...
    https://www.legislation.gov.uk/ukpga...ading/ground-1
    Ground 1

    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)—

    (a)at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

    (b)the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as [F1his, his spouse’s or his civil partner's] only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.
    - although surprisingly Mssrs Shelter, the experts in these matters state here..
    https://england.shelter.org.uk/legal...ed_tenancies#1
    Ground 1 - Owner occupation (prior notice ground)

    Two months' notice of proceedings required.

    There are two different situations where this ground could apply:
    • The landlord (or one of joint landlords) lived in the property as her/his only or principal home at some time before the start of the tenancy.
    • The landlord requires it for her/himself or for her/his spouse as an only or principal home, providing s/he has not purchased the house during the tenancy.

    There is no need for prior residence for the second part of the ground and there is no need for intended residence for the first part.

    In one case, the courts found that prior oral, rather than written, notice was sufficient where the tenant was quite clear about the possibility of the landlord returning to live in the property.[5]

    NB 2 months is now 3 months...

    In your shoes I'd offer tenants a new AST, perhaps at same rent (or even lower to encourage signature..) with ALL the paperwork for Gr1 & also everything else for s21.. What is this "everything else" you cry... Have a look here to find out...
    https://nearlylegal.co.uk/section-21-flowchart/

    MANY landlords (and some agents and some solicitors..) have found they've served invalid s21s....

    St Moritz? Live there? (Very nice...)

    After getting all shiny new paperwork sorted, then after 43 months serve s21 & s8gr1 nanotubes..
    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


      #3
      thanks artfullodger, very helpful. ps. kirk st moritz was a character from a 1980s sitcom called 'Dear John'....

      Comment


        #4
        The government probably can't make the change to s21 retrospective - it doesn't legislate like that.

        What would probably happen is what has happened with other changes to tenancy law, it would apply to new tenancies immediately and to existing tenancies with effect from a future date - so a landlord wishing to use s21 could do so before that date in the future.

        The key is to check that the requirements for that flowchart have all been met, so that you can use s21 notice.

        It's usually helpful to give the tenants as much advance warning and flexibility as possible - notice under s21 is quite short and it's helpful to allow the tenants to a) get over the idea that they're going to have to move and b) have enough time to find somewhere decent and get references without too much pressure.

        The downside is if they do that very quickly, leaving you an empty property.
        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


          #5
          Well, parliament could in theory, but I don't think such significant changes to landlords & tenants right would ever be retrospective. It's not as simple as disapplying or repealing s21 of the Housing Act 1988 since quite a few pieces of legislations use the valid-ness of s21 as punishment for non-compliance. Would almost certainly involve a new type of tenancy like in Wales (still not in force doh) whereby from this date you get the new tenancy type, before that the existing ones.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            A new AST is a new T (Contract) , so follow Artful's advice and detail s8g1 in a new AST.

            Comment


              #7
              Originally posted by KTC View Post
              Would almost certainly involve a new type of tenancy
              Why do you thing an Assured Tenancy would not be adequate?

              Comment


                #8
                Originally posted by theartfullodger View Post
                then after 43 months serve s21 & s8gr1 nanotubes..
                Why 43?

                Comment


                  #9
                  Should be 4.

                  But why nanotubes? F K....
                  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 theartfullodger View Post
                    Should be 4.

                    But why nanotubes? F K....
                    Oh, nanotubes I understand

                    Comment

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