Section 8 Ground 7A

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    Section 8 Ground 7A

    Does anyone know if ground 7A has actually become law now?

    http://www.clickdocs.co.uk/blog/inde...-for-eviction/

    The police are getting a closure order for one of my flats tomorrow, (due to prostitution) and I want to kick out my tenant forthwith.

    #2
    Wow! Poor you, sincere sympathy:

    I believe 7A has become law.

    But you want to see the terms of the closure order (sadly..) got a feeling they prohibit access for up to 3 months.. presumably that includes you & any prospective tenant.

    How did you find out?
    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 Artful.

      The police phoned my letting agent today.

      Comment


        #4
        Think I'd want to be seen doing all I could to assist plod: Anyway can you attend court tomorrow??

        Closure notice law here..
        http://www.legislation.gov.uk/ukpga/...rt/4/chapter/3

        Came in in England 20/10/2014..
        http://www.landlordsguild.com/ground...cing-act-2014/
        &
        http://www.wilsonbrowne.co.uk/new-ma...und-ground-7a/

        I'm aware of one case in Slough...
        http://www.sloughexpress.co.uk/News/...e-30042015.htm
        (no, didn't become aware that way...) No idea how things developed..

        Best of luck!!
        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


          #5
          Thanks Artful.

          It seems very odd that I have to give way more notice now I am in a periodic tenancy than during the fixed period. As the guild say, I might just as well issue a section 21 notice.

          Comment


            #6
            Aye: & offer early surrender?
            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
              Only if you an serve the s21 before the closure order. Otherwise it's no longer the primary residence, not an ast, and s21 doesn't apply. Surrender is the best way forward. T is liable for rent for the duration and may not realise this.

              Comment


                #8
                I don't think that a closure notice is in general enough for the tenancy to cease being assured as the prohibition is temporary and usually very short.

                Comment


                  #9
                  Morning all.

                  I went to court as Artful suggested and just got back. I had a chat with the police officer outside. He told me that he was applying for a closure order for three months, but if I find a new tenant after 6 weeks they will have no objection to lifting it. I asked how I could find a new tenant if the place was closed. He said that the order only prevents people living there. I think it will take at least 6 weeks for a possession order, so I left it at that, and came home.

                  Comment


                    #10
                    Sounds promising: I'd want to read the actual closure order.

                    Good luck!
                    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


                      #11
                      Uh, oh. Here's a little problem:

                      The section 8 notice says that only grounds notified to the tenant at the start can be used to evict him. Where do I stand regarding ground 7A? I'd have thought very few if any tenancy agreements make reference to it, as I only heard of it yesterday.

                      Comment


                        #12
                        Think that's only when used during fixed term - s7(6) of HA 1988 see
                        http://www.legislation.gov.uk/ukpga/1988/50/section/7
                        (6)The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

                        (a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and

                        (b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
                        - most typically for s8g8
                        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


                          #13
                          Thanks Artful.

                          I have another problem regarding notice. That link you provided from the guild gives me the impression I would need to give one month's notice from the next rent day. However the Section 8 notice here on Landlordzone says at least two months notice are required. Which is it?

                          Comment


                            #14
                            Dunno for sure, think were this me I'd talk to LL assoc or a specialist solicitor.

                            I think it is may be min. 4 weeks after service & the expire first or last day of the period of the tenancy but don't take my word.

                            Having said that doubt your esteemed tenant will be defending the possession.
                            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


                              #15
                              For ground 7A, and since the tenancy is periodic, the notice must be no less than it would for a notice to quit: Assuming a monthly tenancy, a notice to quit would require no less than a month notice with an expiry on the last day of a period, so your section 8 notice must not expire earlier than that date.

                              I am not sure that LLZ's section 8 notice is the latest, valid version (I haven't checked).

                              Comment

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