Ground 1 Section 8?

by Readers Question

9:23 AM, 21st November 2019
About 3 weeks ago

Ground 1 Section 8?

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Ground 1 Section 8?

What evidence would I need to show that I would like my spouse to move into a property under Grounds 1 of a Section 8?

I need to give the tenant notice, but the legislation does not say what evidence will be needed.

Anyone have any advice?

Reluctant

Editors Note:

>> http://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 [F1his, 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

Neil Patterson

9:27 AM, 21st November 2019
About 3 weeks ago

Hi Reluctant,

Please see my .Gov link and notes above. It states the notice needs to have been given before the start of the tenancy.

Monty Bodkin

9:42 AM, 21st November 2019
About 3 weeks ago

Reply to the comment left by Neil Patterson at 21/11/2019 - 09:27
Hello Neil,

Prior Notification must be made before the tenants sign their tenancy agreement.

Only for it to be mandatory.
You've missed this crucial bit;

"or the court is of the opinion that it is just and equitable to dispense with the requirement of notice"

Rob Crawford

9:46 AM, 21st November 2019
About 3 weeks ago

This notice used to be a standard clause stated in an AST agreement. On 6 month fixed terms it tends not to be included nowadays, section 21 being used at the end of the term instead. With potentially longer fixed terms being mandated by government, I can see it being reintroduced as a standard term. So first check your AST agreement for the clause and whether it is still in the fixed term.

WP

10:23 AM, 21st November 2019
About 3 weeks ago

thanks all. 🙁 can't use this then....

WP

10:24 AM, 21st November 2019
About 3 weeks ago

Actually for part b - if the spouse needs to move in now (due to personal change of circumstances) but clearly not known of at the time of the tenancy ) what now?

Luke P

10:33 AM, 21st November 2019
About 3 weeks ago

Why not just go s.21 route?

WP

10:35 AM, 21st November 2019
About 3 weeks ago

Reply to the comment left by Luke P at 21/11/2019 - 10:33
cant do that as despite both us and tenant NOT having initial contract from 2012. We both only have the updated one from 2015. Solicitor refuses to issue a S21 for fear of it getting thrown out on this technicality.

Luke P

10:38 AM, 21st November 2019
About 3 weeks ago

Reply to the comment left by WP at 21/11/2019 - 10:35
I don't understand. You have a tenancy (regardless of whether it's written or not and whether you have it or not). You can serve a s.21. Go to a tenancy consultant as many solicitors lack experience in this particular field.

WP

10:47 AM, 21st November 2019
About 3 weeks ago

Reply to the comment left by Luke P at 21/11/2019 - 10:38
Solicitors appointed under my Legal Expenses cover of my Landlord insurance.

Monty Bodkin

10:54 AM, 21st November 2019
About 3 weeks ago

Reply to the comment left by WP at 21/11/2019 - 10:23Yes you can use ground 1, but in your circumstances, it would be discretionary not mandatory.

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