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.
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Member Since September 2018 - Comments: 3508 - Articles: 5
7:55 AM, 22nd November 2019, About 6 years ago
Reply to the comment left by Disabled Tenant at 21/11/2019 – 23:37
thanks for your advice, Managed to have a real good chat with the appointed solicitor and now going down the S21 and S8 route concurrently. It will end up in a hearing no doubt (which is a bummer as time cost etc) but that gives me more power to show all the evidence against her so then its up to the judge. I still hold a little bit of faith in the legal system (just) especially when it is so blatent of her neglect etc. Just the waiting game now. 🙁
Member Since April 2014 - Comments: 985 - Articles: 2
9:27 AM, 22nd November 2019, About 6 years ago
You have the deposit protected, served the Govt’s How to Rent guide, have no outstanding maintenance issues and served valid gas safe cert? If so then you should have no problem with a no fault section 21. If you are claiming against the tenant then a judgement to evict becomes discretionary by the courts. The later can get messy and expensive. I am not convinced from what you say that you have the best solicitor on the case – his/her lack of knowledge could cost you!
Member Since March 2015 - Comments: 1969 - Articles: 1
10:21 AM, 22nd November 2019, About 6 years ago
Reply to the comment left by Rob Crawford at 22/11/2019 – 09:27
Don’t forget the EPC.
If it’s an appointed solicitor by an insurance Co, you are not the paying customer that calls the piper’s tune. If there’s even a shred of (no matter how unrealistic) the people involved won’t want to risk their money on your claim. Our firm charges £250-750 (plus Court fees of £355 for Accelerated Possession & £121 for Bailiffs at Warrant stage if required) for a complete eviction, including compliance with the Dereg. Act if you’ve not already complied. Go get proper, paid-for (out of your own pocket) advice. Then clue yourself up or get of an industry you’re not familiar with.
Member Since April 2014 - Comments: 985 - Articles: 2
11:50 AM, 25th November 2019, About 6 years ago
Reply to the comment left by Luke P at 22/11/2019 – 10:21
Yes – and EPC.