Anyone used Ground 1 S8 successfully?

Anyone used Ground 1 S8 successfully?

11:39 AM, 26th March 2021, About 4 months ago 5

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As I understand it you can gain mandatory possession with Ground 2 S8 if… the landlord wishes to move into the property to use it as their main home, and they were the owner of the property prior to the tenant moving in.

NRLA state that this does not require the landlord to have lived in the property beforehand. For this ground to be successful the landlord must have notified the tenant in writing before the tenancy started, that he intended one day to ask for the property back on this ground.

Has anyone ever managed to do this? Curious!

Reluctant Landlord

Editor Note: Section 8 Ground 1 >> https://www.legislation.gov.uk/ukpga/1988/50/schedule/2

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 his, 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.



Comments

by Beaver

13:35 PM, 26th March 2021, About 4 months ago

What does "...acquired the reversion on the tenancy for money or money's worth" mean? What particular circumstance does this refer to?

by Freda Blogs

13:37 PM, 26th March 2021, About 4 months ago

I include a Ground 1 clause in my single let tenancy agreement as standard - no tenant has ever questioned it - but I have never had to call on it, so haven't tested its validity - particularly in the current (non)eviction environment.
Cynically, I suspect it might be difficult to enforce as government et al seems to think its OK for tenants to completely ignore all their contractual obligations under an AST. Only LLs have to keep to their side of the bargain.

by NewYorkie

13:38 PM, 26th March 2021, About 4 months ago

Could you include this clause in the standard AST, or would it need to be a separate and specific notice/addendum?

by David

17:03 PM, 27th March 2021, About 4 months ago

The notice period for ground 1 is currently 6 months and then you would have to wait for a hearing if the tenant disputes, so its not a quick fix.

by Old Mrs Landlord

18:24 PM, 27th March 2021, About 4 months ago

Reply to the comment left by Beaver at 26/03/2021 - 13:35
Presumably refers to the unlikely event of the original landlord selling the property on to another during a fixed-term tenancy.


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