Transcript Simon King and Peter Humpherson Pickerings Solicitors LLP

Landlords’ guide to Gaining
Possession under Section 8
Presented by
Simon King
and
Peter Humpherson
Pickerings Solicitors LLP
23rd October 2014
What is Section 21?
Housing Act 1988
Section 21 gives a landlord an
automatic right of possession without
having to give any grounds once the
fixed term tenancy has expired
Minimum of 2 months’ notice required
What is section 8?
Housing Act 1988
Section 8 allows a landlord to seek
possession using various grounds listed
in Schedule 2 to the act - these include
rent arrears and anti-social behaviour
Fixed term does not need to have expired
We recommend, if the circumstances
allow, service of both section 21 and
section 8 notices on the tenant
Rent Arrears - Ground 8
Minimum 8 weeks’ unpaid rent (if due
weekly or fortnightly) or 2 months (if
paid monthly)
At both the time of service of section 8
notice AND the court hearing
Two weeks’ notice must be given
Mandatory Possession Order
Rent Arrears- Ground 10
Some rent lawfully due from the tenant
is unpaid on the date the proceedings
are begun AND at the time of a section
8 notice
Two weeks’ notice
Discretionary Possession Order
Rent Arrears - Ground 11
Whether or not any rent is in arrears at
the date proceedings are begun, the
tenant has persistently failed to pay rent
lawfully due
Two weeks’ notice
Discretionary Possession Order
Other Grounds - for example
Ground 2: mortgagee requires possession of
the property because of mortgage arrears on
the property (two months notice)
Ground 12: other obligations of the tenancy
broken (two weeks’ notice)
Ground 13: condition of the property
deteriorated due to acts by the tenant (two
weeks’ notice)
Ground 14: tenant/other occupant causing a
nuisance (no period of notice)
Procedure
Serve section 8 and/or section 21 notice/s
Await expiry of relevant time limit/s
Check which grounds can still be relied on and
whether tenant has vacated
Issue claim form at Court (fee £250 for online
or £280 for paper)
Witness Statement and/or attend Court
If possession order granted and expired, and
tenant has not vacated - instruct Bailiff
Content of a Section 8 Notice
Full text of the grounds relied upon
Full explanation of why each ground is being
relied on
Calculation of the relevant date for expiry - this
must include 2 days service taking into account
weekends and bank holidays. If sent today
(23/10/14), it will not be DEEMED served until
Monday (27/10/14)
The 14 days will run from 27/10/14 meaning
proceedings could not be commenced until after
10/11/14, so11/11/14 at the earliest
Pitfalls
Contents of a section 8 (and 21) notice and
time limits MUST be fully accurate
Pitfalls
Contents of a section 8 (and 21) notice and
time limits MUST be fully accurate
A court will dismiss a claim for possession if
the notice is defective
Wasted time
Wasted costs
Possible accrual of further arrears
Serving a Section 8 Notice
Serve a copy on each tenant
Deliver by hand or 1st class post
Keep proof of service
If possible get a copy signed and dated
Take a picture of where it was served
Abandonment
Even if the fixed term has ended or rent is
not being paid, never assume the tenant
has abandoned the property
If the tenant has not returned the keys and
confirmed in writing that they have left get a Court order
Procedure
Claim Form (N9) and Particulars of Claim
(N119)
Court fee of £250.00 (online) or £280.00 (paper)
Can claim judgement for arrears
Court lists matter for hearing in approximately 68 weeks
Witness Statement
Attend hearing
Are the ground 8 minimum periods still made
out?
If not, can no longer rely on it but can rely on
other grounds
Court Procedure
Be aware tenant may seek to defend
proceedings
Courts “block list” hearings and allocate for 5
minutes
Adjournments are frequent and may delay
matters
It could be 3-4 months from service of the
section 8 notice to the eviction of the tenant
After the Possession Order
If successful Court will set date on which
tenant should leave
If tenant does not leave- apply for bailiff’s
warrant
Might be a further 6-8 weeks for a warrant
based on current Court timetables
Transfer to High Court for enforcement?
Can you enforce the money judgement or is
the tenant not likely to pay? Check to see
whether the tenant had a guarantor who is
more likely to pay
Q&A
Pickerings Solicitors LLP
Etchell House
Etchell Court
Bonehill Road
Tamworth
Staffordshire
B78 3HQ
Tel: 01827 317070
Fax: 01827 317080
Email: [email protected]