Two weeks notice for section 8 ground 12?
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 |
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Member Since January 2022 - Comments: 61
1:16 PM, 31st July 2022, About 4 years ago
Reply to the comment left by Monty Bodkin at 31/07/2022 – 12:50
The AST signed before tenancy began states “These tenancies do not guarantee the Tenant any right to remain in possession after the fixed term.” This ends 1/11/22.
My letting agent and I both think this is prior written notice. Does anybody have experience on judicial acceptance or otherwise of this?
Member Since June 2014 - Comments: 1565
1:39 PM, 31st July 2022, About 4 years ago
Reply to the comment left by CYRIL STALEY at 31/07/2022 – 13:16
It doesn’t sound like prior notice to me.
Here is a typical example;
https://www.landlordzone.co.uk/notices/Ground-1-Prior-Notification.pdf