One thing that most landlords dread is having tenants that don’t follow the terms laid out in their tenancy agreement. Fortunately, the law has provided protection for landlords that have to deal with troublesome tenants, using the Section 8 Notice. If you have only recently become a landlord, you may have only just heard of this and want to learn more. In the following post we are going to you understand more about Section 8 notices, how you can apply for them and how they can be used for troublesome tenants.
What is it?
Before a Section 8 Notice can be served though, the landlords must provide reasons for taking back the property, that meet at least one of the mandatory eviction grounds. In most cases, it’s when tenants have rent arrears.
When Can One Be Issued?
Section 8 Notices are only applicable if the landlord has lawful reason for possession based on the mandatory grounds outlined in the 1988 Housing Act. The specific grounds they are looking to possess the property should be set out in the notice.
What is the Housing Act Mandatory Grounds?
The following are the mandatory grounds that a landlord must have for seeking possession of their property from their tenants.
- Landlord needs the property as a home – Either the landlord of the property or their partner needs to live in the property as a main residence. Only applicable if they have lived there.
- The Property Has a Mortgage – If a mortgage was on the property before the tenant started renting, and they were aware of it, the bank or lender can take back the property.
- Property is a Holiday Rental – Landlords can repossess their property if it’s used a as holiday rental. Importantly, the tenancy agreement should only cover a period of less than 8 months and it has been used for holiday rental purposes previously.
- Belongs to an Educational Institute – If the property has a tenancy less than a year long and is owned by an educational institute, it can be taken back.
- Owned by a Religious Organisation – If the property is owned by a religious organisation and they need to house a new religious leader or minister so they can take care of their duties. A Section 8 Notice can be served.
- For Refurbishments and Repairs – Although they may have to pay the removal costs, landlords can issue a Section 8 Notice and take back property if extensive repairs are required to make it habitable.
- Death of Tenant – Although the death of a tenant can result in the property and its tenancy passing to a member of their family through the will, the landlord can take it back if it has not been passed to a civil partner or marriage mate.
- Rent Arrears – By far the most common, the landlord can issue the notice if their tenants’ rent account is in arrears.
Landlords need to think carefully about the grounds they are going to use to issue the Section 8 Notice under. When tenants won’t leave, then landlords can apply for a possession order and seek the help of a professional law enforcement service.
If you require assistance in evicting troublesome residential tenants from your property, then get in touch with Able Investigations. Our team of certificated bailiffs can help you reclaim your property quickly and legally. Call us on 0845 370 7401, or alternatively, you can drop us an email or fill in our contact form.