Two weeks notice for section 8 ground 12?

Two weeks notice for section 8 ground 12?

9:50 AM, 28th July 2022, About 2 weeks ago 12

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Hi Everyone, Can a Section 8 ground 12 notice for breach of AST contract be issued during the FIXED TERM agreement, which is now in its 8th month of 12?

Guidance for Ground 12 seems to allow for just 2 weeks’ notice rather than 2 months or longer for most grounds.

Any help would be appreciated.

Cyril

Editor’s Note:

From .Gov >> https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Section 8 notice of seeking possession

To give your tenants notice using a Section 8, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. Specify on the notice which terms of the tenancy they’ve broken.

You can apply to the court for a possession order if your tenants do not leave by the specified date.

You can get legal advice on how to fill in a Section 8 with the correct notice periods and how to give it to your tenants.

How much notice you need to give

In England, the amount of notice you give for a Section 8 notice depends on your reason (or ‘ground’).

Read Annex A of the guidance for private landlords to find out the minimum notice period lengths you can give tenants.

Annex A: Minimum notice period lengths under Section 8 of the Housing Act 1988 in England

Legislation: Section 8, Housing Act 1988 / For grounds see Schedule 2 to the Act / Applicable to assured and assured shorthold tenancies

Users: Private sector and private registered providers of social housing

Ground Modified notice period: 26 March 2020 – 28 August 2020 Modified notice period: 29 August 2020 – 31 May 2021 Modified notice period: from 1 June 2021 Return to pre Coronavirus Act 2020 notice period
Mandatory (judge must award possession if ground met)
1: Landlord wants to move in 3 months 6 months 4 months 2 months
2: Mortgage repossession 3 months 6 months 4 months 2 months
3: Out of season holiday let 3 months 6 months 4 months 2 weeks
4: Let to student by an educational institution 3 months 6 months 4 months 2 weeks
5: Property required for use by minister of religion 3 months 6 months 4 months 2 months
6: Demolition / redevelopment 3 months 6 months 4 months 2 months
7: Death of tenant 3 months 3 months 2 months 2 months
7a: Serious anti-social behaviour 4 weeks (periodic tenancy)

1 month (fixed term tenancy)

3 months 4 weeks (periodic tenancy)

1 months (fixed term tenancy)

4 weeks (periodic tenancy)

1 month (fixed term tenancy)

7b: No right to rent in the UK 3 months 3 months 2 weeks 2 weeks
8: Serious rent arrears at time of service of notice and possession proceedings 3 months (a) 4 weeks where arrears are at least 6 months

(b) 6 months where arrears are less than 6 months

a) 4 weeks where arrears are at least 4 months

b) 4 months where arrears are less than 4 months

From 1 August 2021- 2 months where arrears are less than 4 months

2 weeks
Ground Modified notice period: 26 March 2020 – 28 August 2020 Modified notice period: 29 August 2020 – 31 May 2021 Modified notice period: from 1 June 2021 Return to pre Coronavirus Act 2020 notice period
Discretionary (judge can decide whether to award possession, if ground met)
9: Alternative accommodation available 3 months 6 months 4 months 2 months
10: Some rent arrears at the time of service of notice and possession proceedings 3 months (a) 4 weeks where arrears are at least 6 months

(b) 6 months where arrears are less than 6 months

a) 4 weeks where arrears are at least 4 months

b) 4 months where arrears are less than 4 months

From 1 August 2021- 2 months where arrears are less than 4 months

2 weeks
11: Persistent late payment of rent 3 months (a) 4 weeks where arrears are at least 6 months

(b) 6 months where arrears are less than 6 months

a) 4 weeks where arrears are at least 4 months

b) 4 months where arrears are less than 4 months

From 1 August 2021- 2 months where arrears are less than 4 months

2 weeks
12: Breach of tenancy agreement 3 months 6 months 4 months 2 weeks


Comments

Judith Wordsworth

11:29 AM, 28th July 2022, About 2 weeks ago

Discretionary Grounds judges are bending over backwards not to can award possession even if ground is met.

Always worth going for a s21 plus a s8 mandatory ground if you can

CYRIL STALEY

12:19 PM, 28th July 2022, About 2 weeks ago

Reply to the comment left by Judith Wordsworth at 28/07/2022 - 11:29
Thanks Judith
Yes, I able to do both S21 with full Prescribed Information intact and S8 Mandatory ground 1 - prior occupation. Both require 2 months notice but court application cannot start until end of Fixed Term.
Had hoped S8 grd 12 at 2 weeks notice could be served, but as you say this is disretionary and uncertain 're judge obliging.
I will settle with S21 and S8 grd 1 only.
Many thanks

Rob Crawford

13:21 PM, 28th July 2022, About 2 weeks ago

What is the breach?

CYRIL STALEY

13:38 PM, 28th July 2022, About 2 weeks ago

Reply to the comment left by Rob Crawford at 28/07/2022 - 13:21
1/ Refusing to allow my inspection of a water leak he had reported to the letting agent which at that time was only a drip but much later had worsened which I then repaired.

2/ Refusing to allow a potential viewer from entry although he had informed me he would be moving out. When I don't know. He has been awkward from the beginning.

CYRIL STALEY

14:04 PM, 28th July 2022, About 2 weeks ago

1/ Refusing to allow my inspection of a water leak he had reported to the letting agent which at that time was only a drip but much later had worsened which I then repaired.

2/ Refusing to allow a potential viewer from entry although he had informed me he would be moving out. When I don't know. He has been awkward from the beginning.

David

11:36 AM, 31st July 2022, About 2 weeks ago

You'll never get a judge to give you possession for those breaches with s8g12. Just go for s21.

What do you mean by "informed me he would be moving out"? Did he serve a valid notice? If so then his tenancy ends on expiry.

CYRIL STALEY

12:34 PM, 31st July 2022, About 2 weeks ago

Reply to the comment left by David at 31/07/2022 - 11:36
No just verbal but he seems affable about moving on. Time will tell.
I agree just S21 in the first instance and S8 ground 1 if he doesn't leave on time. We had 16 years at the flat - prior occupation - mandatary.
Considering both S21 + S8 1 to get quick vacant possession to offset buyer upset should tenant delay.
Thanks for your experienced advice. It's my first and last let.
Too old at 78 for all the legal stuff forever changing.

Monty Bodkin

12:50 PM, 31st July 2022, About 2 weeks ago

Reply to the comment left by CYRIL STALEY at 31/07/2022 - 12:34
Section 8 ground 1 is only mandatory if prior written notice was given before the tenancy started.
Otherwise it is discretionary (i.e forget about it, as said, discretionary=worthless).

Rod

12:52 PM, 31st July 2022, About 2 weeks ago

If you are not familiar with the processes, you may find that getting specialists to complete the paperwork, with the option of preparing and representing you, worth considering.

iHowz have negotiated fixed rates with SCS Law for their members.

DSR

13:06 PM, 31st July 2022, About 2 weeks ago

Reply to the comment left by Monty Bodkin at 31/07/2022 - 12:50
I always have it in the contract that this ground is a possibility as a result. Like many have said easier to go straight to S21 but its worth making sure you have in a contract draft for when the S21 is scrapped. May come in handy or at least another things you could use?

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