Served a s8 notice
What happens if my Landlord has served me with a Notice?
If your Landlord has served you with a Notice it means they wish to regain possession of the property. Your Landlord must state the reasons for serving Notice and will have to prove to the Courts that there is enough evidence to start possession proceedings.
How do I know if the Notice is legal?
The Notice is only valid if it is in writing and states that the Landlord intends to gain possession of the property.
It must also include the Ground(s) for Possession (the reasons for serving Notice). The Notice should also include a timescale (e.g. 2 weeks / 2 months).
What does the court do?
The Courts will decide whether it is reasonable to grant an Order for Possession if your notice has been served under discretionary grounds.
If possession is sought under a mandatory ground and the ground is made out, the court must grant an outright possession order. The court has no discretion to consider whether it is reasonable.
There are also ‘absolute’ grounds for possession for landlords where a tenant has been convicted of a serious offence in another court.
What are grounds for possession my landlord can use and how much notice will I get?
Your Landlord has 14 Grounds for Possession to choose from:
Grounds 1-8 Notice Period
Owner Occupation 2 months
Repossession by Lender 2 months
Out of Season Holiday Let 2 weeks
Vacation Lets of Student Accom 2 weeks
Minister of Religion 2 months
Redevelopment 2 months
Inherited Tenancy 2 months
Serious Rent Arrears 2 weeks
If your Landlord can prove any of these grounds (1-8), the Court must order possession and cannot adjourn or suspend proceedings. If your Landlord serves Notice on Grounds 1-5 they must have informed the tenant in writing before the start of the tenancy. If they have not done this the Courts cannot grant possession.
Grounds 9-14 Notice Period
Suitable Alternative Accom 2 months
Rent Arrears 2 weeks
Persistent Delay in Paying rent 2 weeks
Breach of tenancy Obligation 2 weeks
Deterioration in condition of property 2 weeks
Nuisance, Annoyance, Illegal Use of property Immediate
If your Landlord can prove any of these grounds (9-14) an Order for Possession will be issued if the Courts consider it is reasonable to do so. The Courts have the power to adjourn cases. We would recommend seeking legal advice – If you are able to offer a defence against the proceedings you may be entitled to assistance with this. Providing a defence can sometimes stop the proceedings altogether or if not, postpone them. This will allow you more time to secure alternative accommodation.
Can you still help me if my landlord is applying to court for possession?
Yes of course - During your assessment the Housing Solutions Officer will also discuss the Court process and what to expect. They will give you advice on how to secure alternative, affordable accommodation in case you do have to leave your current home.
If you wish to have independent advice click here