Following from last week’s blog about the transformation of tenancy agreements including the abolition of the Section 21 Notice we are now looking at the proposed new enhanced Section 8 Notice and grounds for possession. The use of the Section 8 notice will be the only way that a Landlord could evict a tenant and regain possession of their property.
New Section 8 Notices
The existing grounds for possession contained in the current Section 8 Notice will be amended both in definitions but also in timescales. There are proposed 9 mandatory grounds and 9 proposed discretionary grounds as briefly described in the table below, these exclude the grounds for students/student lets and also social housing or employment housing, they also exclude the grounds associated with possession requirements when a leasehold properties lease expires or for possession by a superior landlord etc:.
New Section 8 Notices – Mandatory Grounds
| Possession Ground | Points to note (summary of the ground conditions) | Notice period | Amended or new Ground |
| 1. The Landlord or their family wants to move in | The tenancy must have been running for more than 12 months before the notice period expires | 4 Months | Amended |
| 1A. The Landlord wants to sell | The tenancy must have been running for more than 12 months before the notice period expires | 4 Months | New |
| 2. Mortgage possession | Subject to a mortgage being granted at any time during the tenancy period the lender can service notice for possession at any time | 4 Months | Amended |
| 6. Redevelopment | Landlord seeking to redevelop the property which cannot be done with the tenants in situ. The tenancies must be running for more than 6 months before the notice period expires | 4 Months | Amended |
| 6A. Enforcement action | Landlord is subject to an enforcement action or a banning order and needs to regain possession to become compliant again | 4 Months | New |
| 7. Death of a Tenant | The tenancy was passed on by will or intestacy | 2 months but it must be served within 24 months of the tenant’s death | Amended |
| 7A. Severe ASB/Criminal behaviour | Tenant is convicted of a criminal offence, breached a behavioural order or convicted of a noise nuisance | Immediate | Unchanged |
| 7B. No right to rent | At least one tenant has no right to rent | 2 weeks | Unchanged |
| 8. Rent arrears | Tenant is at least 3 months in arrears at the time the notice was served and at the court hearing. Outstanding Universal Credit payments are now exempted from this ground. | 4 weeks | Amended |
New Section 8 Notices – Discretionary Grounds
| Possession Ground | Points to note (summary of the ground conditions) | Notice period | Amended or new Ground |
| 9. Suitable alternative accommodation | Suitable alternative accommodation is available for the tenant found or owned by the Landlord | 2 Months | Unchanged |
| 10. Any rent arrears | Tenant is in any arrears when the notice is served and on the day of the court hearing | 4 Weeks | Unchanged |
| 11. Persistent arrears | The tenant has persistently been late paying their rent | 4 Weeks | Unchanged |
| 12. Breach of the tenancy agreement | The tenant has breached the tenancy agreement, except for rent arrears | 2 Weeks | Unchanged |
| 13. Deterioration of the property | The tenant has caused the condition of the property to deteriorate | 2 Weeks | Unchanged |
| 14. Anti-social behaviour | The tenant or other adult living at the property or anybody visiting has been guilty of causing nuisance, annoyance or convicted of using the premises for illegal or immoral purposes or convicted of an indictable offence | Immediate | Amended |
| 14ZA. Offence during riot | Tenant or other adult living at the property is convicted of an indictable offence at a riot in the UK | 2 Weeks | Unchanged |
| 15. Deterioration of furniture | Tenant has caused the condition of the furniture to deteriorate | 2 Weeks | Unchanged |
| 17. False statement | The tenancy was granted on a false statement | 2 Weeks | Unchanged |
Grounds 1 and 1A (6A) – These amended/new grounds are effectively replacing the use of Section 21 Notice. The notice periods commence from the date that the notice is dated which should include sufficient time for the notice to be served on the tenant. If we take the new notice (Ground 1A), if the landlord wishes to sell the property this can be served on month 8 of the tenancy so that the notice expires immediately after the end of the first 12 months of the tenancy.
There are also certain prohibitions associated with the new and amended grounds 1 and 1A, such as if the tenant is given notice and leaves and then the landlord either decides not to sell or doesn’t move in then they can’t relet the property for a period of 12 months from when the tenant has moved out.
Lastly, if the Section 8 notice is served and the Landlord seeks possession at a court hearing and the grounds for possession are not reasonable or are inaccurate the Landlord and/or agent could be subject to either a civil penalty or a rent repayment order as, and if, directed by the judge. If the tenant leaves after notice is served and can then prove that the grounds are unreasonable or inaccurate to the first-tier tribunal the Landlord and/or agent could be fined and/or a rent repayment order could be made.
As always, we will guide you through these changes and make sure that you remain legally compliant with all your statutory duties under this incoming legislation.
Please contact us so that we can offer advice and help you through these changes
- Email us: office@tayloredpropman.co.uk