Ground 10: The Tenant was in arrears with his rent at the time of sending Section 8 Notice and at the commencement of court proceedings. The other grounds are all discretionary. Differences between Section 8 and Section 21. ‘8 and/or 10 and/or 11’ and in the lower part write ‘See attached sheet’ (wording must be verbatim) Cut off Ground 8 if the arrears do not total 8 weeks or two months - ----- Ground 8 Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for … Section 8(1) (b) of The Right to Information Act, 2005 says, ... argument the bench said, making the legal stand of sub-judice matter clear, that matter being sub-judice is not a ground to withhold the requisite information under the RTI Act, unless the desired information has been expressly forbidden to be published by any court of Law or Tribunal or the disclosure of which may constitute contempt of court, … Section 1; Section 3; Section 4; Section 5; Section 6; Section 7; Section 8; Section 9; Section 10; Section 11; Section 12. The court will look at the information you and your landlord provide at the hearing. The landlord can seek to regain possession of the property before the term of the tenancy comes to an end based only on these grounds. Contact expert Section 8 … Ground 8 is the only mandatory ground of the three rent arrears grounds. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. Section 8; Section 9; Section 10; Section 11; Section 12. Used when the property has been neglected by the tenant, sub-tenant or someone living in the property with the tenant who the tenant has not removed and as a result the condition of the property has deteriorated. Other grounds for possession. A section 8 notice is a notice seeking possession of a rented property from a tenant on grounds set under section 8 of the Housing Act 1988. SECTION 11. Ground 11. Grounds involving rent arrears. These cookies enable core website functionality, and can only be disabled by changing your browser preferences. SECTION 12. Section 8,[1] also known as the Section 8 notice to quit or the Section 8 possession notice, is a prerequisite if the landlord of an assured tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession. The parameters S DS and S D1 are used in Section 12.8 to determine seismic base RE: … Not all companies have objectives of making profits by carrying out trade and commerce. In the case of ground 14A, proceedings can be started immediately after serving the notice. Evidence of this may be required, together with evidence that the landlord intends to leave their current home. More commonly landlords and agents will be familiar with grounds 8, 10 and 11 available for rent arrears. set Sai equal to Sds. Used when the previous tenant has deceased and the tenancy has passed to a new tenant but the new tenant does not have the right to carry on with the tenancy. For grounds 1, 2, 5, 6, 7, 9 and 16, two months’ notice or more must be given. For grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 they can give just two weeks' notice. Used when the rent is still in arrears on the date that the Section 8 notice is served and on the date of the hearing. Grounds for possession: Ground 11 – persistent delay in paying rent. Ground 9: Suitable alternative accommodation is available. An assured tenancy which is also an Assured Shorthold Tenancy may also be ended by the execution of a possession order based on a section 21 notice. Do You Need Advice On Personal Guarantees? Ground 11: The Tenant is consistently in arrears with his rent payments, even if he is not in arrears at the commencement of court proceedings. It is usually customary to allow a minimum of three working days for the Section 8 notice to arrive at the address of the tenant. Ground 8 Charitable objectives: Section 8 companies do not aim to make profits. Condition 1. Click here for a full list of Google Analytics cookies used on this site. Choose the correct option. (ii) any of Grounds 8, 10 or 11 in Schedule 2 to this Act is specified in the notice and at the time the notice is served less than six months’ rent is unpaid, METERING 8.1 METER LOCATIONS 8.1.1 General Requirements Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground. Ground 10: The tenant is in arrears of rent. The Section 8 notice expires two weeks or two months after this date, depending on which of the 17 grounds have been cited. With exceptions for significant rent owed and anti-social behaviour, most periods of notice were set to be six months. This is important because any errors the landlord makes when serving the section 8 notice is likely to lead to serious delays. 6 Coldbath Square, London EC1R 5HL Tel: 020 7841 0390 Fax: 020 7837 3926 DX No. Section 8 Notices are similar to another legal tool, known as a Section 21 Notice. When it comes to judicial in… Registered in England and Wales (Reg No 8582930). 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Used when the property is subject to a mortgage which existed before the start of the tenancy and the lender wants to repossess the property. The pressure which is exerted by air around us is known as The new ground “7A” is introduced by section 97 and like ground 8 is mandatory if proven. It should be noted in the Mountain case where the above extract is taken from, the section 8 notice was ultimately held to be invalid. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice. Ground 8, 10 or 11 where rent arrears are less than 6 months at the date service of notice – 6 months notice. If this ground is used, the landlord has to pay reasonable removal costs. Used when the property is being used by a minister of religion and is required for another minister. This is another purely discretionary ground for possession available to landlords where the tenant is breach of a tenancy obligation, such as smoking in the property, keeping pets and engaging in anti-social behavior. Used when any amount of rent is due on the date that the Section 8 notice is served and is still due on the date that proceedings begin. “Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.”. Proceedings must be brought within twelve months following the death of the tenant, or within twelve months of the landlord becoming aware of the death of the tenant. No minimum share capital:Section 8 companies, unlike all other companies, do not require a prescribed minimum paid-up share capital. Francis Wilks & Jones have years of experience advising landlords on their rights and options to recover possession of a property by serving a Section 8 Notice Seeking Possession and the grounds under which you can bring a claim. The court will then decide upon whether to grant a possession order based on these grounds. ASCE 7-16 Section 11.4.8 Site Specific Ground Motion Procedures. 2. The pass goes forward, hits the ground on the one-yard line and is recovered by the first The State values the dignity of every human person and guarantees full respect for human rights. Used when the tenancy is for a period of a maximum of eight months and the property was occupied as a holiday let within the period of twelve months prior to the start of the tenancy. Ground 9 Suitable accommodation of the same type and quality has been offered to the tenant and refused. Where rent is due monthly, at least two months’ rent must be in arrears. In order for possession to be ordered by the court, any one or more of the following five conditions contained within 7A must be met. A landlord seeking to serve a section 8 notice seeking possession under this ground must give tenants at least two months’ notice. Ground 8 is a mandatory ground. It is used in England and Wales and is part of the Housing Act 1988.[2]. (2) The necessity or desirability of amending the pleadings. For ground 2 the landlord must give two months' notice. The ball is dead when it hits the ground. Note those two dates. The legal description of a tract of land under the PLSS includes the name of the state, name of the county, township number, range number, section number, and … OR Section 8. More confusion To compound the confusion discussed above, Supplement No. Ground 9: Suitable alternative accommodation is available. The tenant is repeatedly late with payments or repeatedly fails to pay their rent until prompted by the landlord. Section 8 Notice Seeking Possession Discretionary Ground 11. Mandatory Ground. • Use of ganged ensure sufficient RF • Starting meters may change communications. The landlord is required to pay all … The full text of the grounds should be inserted in full into your Section 8 notice and can be found in full in the legislation. These grounds include rent arrears, irregular rent payments or damage to a property. Used when the tenant was employed by the landlord of the property and has now left the landlord's employment. In U.S. land surveying under the Public Land Survey System (PLSS), a section is an area nominally one square mile (2.6 square kilometers), containing 640 acres (260 hectares), with 36 sections making up one survey township on a rectangular grid.. It is often recommended that the landlord sends it via first class post at a Post Office, where proof of postage can be obtained. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. 8.5 A forward pass is intercepted by a defensive player in his end zone. At first, not being a legal person, I worried over the word “discretionary” but realised I had got the possession order in any case and the tenant never attended the hearings. This means that if the conditions are met, then the court giving the hearing must give possession of the property to the landlord. If Joe's landlord can prove he is at least 8 weeks behind with his rent when he got the notice and when he went to court, the court will have to order that he can be evicted. It shall equally protect the life of the mother and the life of the unborn from conception. Other grounds for possession. ... or anyone living in or visiting the property, has been convicted of an offence under section 80(4) or 82(8) of the Environmental Protection Act 1990 as a result of breaching an abatement notice or court order in relation to noise nuisance committed on or after 20 October 2014. Ground 7A. Ground 9: Suitable alternative accommodation is available for the tenant upon possession. The differences between the Section 8 and Section 21 procedures are: Section 8 lists 17 grounds. Do I need a section 8 notice? Grounds 15 or 16 – 6 months notice. 210.8 Ground-Fault Circuit-Interrupter Protection for Personnel. Ground 2 for example, requires a minimum of 2 months’ notice but grounds 8, 10, 11, 12, 13, 14, 15, 16 and 17 only require 2 weeks’ notice. This ground only applies to property which is owned by a charitable housing trust or registered social landlord. During the Covid 19 pandemic in 2020 most of the periods of notice were extended significantly in order to reduce the number of people potentially being made homeless in a period of crisis. Section 8 allows a landlord to seek possession using grounds 2, 8, 10 to 15 or 17 listed in Schedule 2 to the Act These include rent arrears and anti-social behaviour. Ground 1 comes under section 8 of the Housing Act 1988 and appears in schedule 2. Clicking the Accept All button means you are accepting analytics and third-party cookies (check the full list). When the Section 8 notice is served, the landlord must base the decision to apply for a possession order on one or more of 17 grounds. For grounds 3, 4, 8, 10, 11, 12, 13, 15 and 17, two weeks’ notice is required. (b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings. The amount of notice a landlord is required to give differs according to the grounds they are citing on the Section 8 form. Ground 8 –Arrears must exceed 8 weeks if the rent is paid weekly or fortnightly, 2 months if paid monthly, one full quarter if paid quarterly or 3 months if paid yearly. Notice must be given in the prescribed manner in a section 8 notice. They aim to further causes like science, culture, research, sports, religion, etc. The technology to maintain this privacy management relies on cookie identifiers. Some cookies are essential, whilst others help us improve your experience by providing insights into how the site is being used. The new ground “7A” is introduced by section 97 and like ground 8 is mandatory if proven. Ground 17: The tenant has been found to have given false information when entering into the tenancy. Ground 14 also applies if it can be shown that the tenant is causing a nuisance to neighbours. A.R. Used when there has been a breach of any term of the tenancy agreement. Used when the landlord wants to live in the property as a permanent home. Ground 10 applies if the rent is unpaid when the section 8 notice is served and has not been paid by the start of the possession proceedings. Ground 9 Behl Vs Philips-DB1-DHC 7.11.2014) passed a significant decision with regard to Section 8 of the Patent Act 1970. Differences between Section 8 and Section 21. Used when the tenant has failed on a regular basis to pay the rent. Ground 12: Any obligation of the tenancy has been broken, other than payment of rent. You can learn more detailed information in our Privacy Policy. The amount of notice that must be given to the tenant differs depending on the grounds. 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