Mandatory grounds for possession.

  • Ground 1 – Owner occupation (prior notice ground)
  • Ground 2 – Repossession by lender (prior notice ground)
  • Ground 3 – Out of season holiday let (prior notice ground)
  • Ground 4 – Lets to students by educational institutions (prior notice ground)

    • When can a landlord seek possession through the court?

    Your landlord must generally have made a claim for possession in the court within 8 months of giving you the notice, if they gave you the notice on or after 1 June.

    How many grounds for possession are there?

    There are 17 grounds for possession as laid out the Housing Act 1988 & 1996. (see below for simplified & comprehensive list) They set out what circumstances should exist to allow a landlord to legally start possession proceedings of their rental property let under an assured tenancy or Assured Shorthold Tenancy.

    What is a ground for possession?

    The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract, and discretionary, where the court can decide one way or the other. These grounds for possession apply to tenancies entered into after 15 January 1989.

    What is a section 21b notice?

    If you get a section 21 notice, it’s the first step your landlord has to take to make you leave your home. You won’t have to leave your home straight away. If your section 21 notice is valid, your landlord will need to go to court to evict you. You might be able to challenge your eviction and stay longer in your home.

    Which is quicker Section 8 or section 21?

    The notice can be immediate, 2 weeks, or 2 months, depending on the grounds for the notice. It is often easier to serve a Section 21, even if the tenant is in arrears, as the process for a Section 8 can be costly and any grounds you give can be contested by the tenant in court.

    What date do I put on a section 21 notice?

    With regards to notice with the section 21(1) the period has to be just two months. In the case of the section 21 (4) the tenancy has to be at least two months and at the end of a tenancy period. If the tenancy was for a fixed term, the date specified cannot be any earlier than the expiry date of that fixed term.

    How long is a section 21 valid for?

    12 months
    It will be valid for 12 months from the end date. When they expire, the landlord must serve a new section 21, before they go to court.

    Is section 21 a mandatory ground?

    Mandatory grounds for possession after Section 21 The landlord must first use a section 21 notice. This gives the tenant at least two months to settle before being evicted. The landlord has lived in the property before – grants right of the owner to reclaim their home as their own.

    What is absolute ground for possession?

    The purpose of the absolute ground for possession is to speed up the possession process in cases where antisocial behaviour or criminality has already been proven by another court and to expedite the eviction of landlords’ most anti-social tenants to bring faster relief to victims: statutory guidance at § 2.8.

    Can my landlord evict me without a Section 21?

    If your section 21 isn’t valid You’ll be able to stay in your home and challenge your eviction if your landlord hasn’t given you a valid section 21 notice. Your landlord will have to give you a new, valid notice if they still want you to leave your home.

    Can I issue Section 8 and Section 21?

    It is often easier to serve a Section 21, even if the tenant is in arrears, as the process for a Section 8 can be costly and any grounds you give can be contested by the tenant in court. It is possible to serve both notices at the same time.

    How do you serve section 21 correctly?

    How to serve a Section 21 notice

    1. Each tenant must be named on the notice individually and in full as on the tenancy agreement.
    2. Complete whichever notice is appropriate.
    3. If there are multiple landlords, any one of them can serve notice.
    4. Photocopy the notice, once for each tenant and once for you.

    Can I serve section 21 without EPC?

    Therefore, landlords of properties let under assured shorthold tenancies that were granted or renewed prior to 1 October 2015, when serving a section 21 notice seeking possession, are not required to serve an EPC or comply with the Gas Safety Regulations (Gas Safety (Installation and Use) Regulations 1998).

    What happens if a tenant doesn’t leave after section 21?

    If your section 21 notice is valid Your landlord can’t make you leave your home unless they’ve gone to court to get a possession order and a warrant for eviction – this means they can use court bailiffs to evict you.

    Do Section 21 notices expire?

    Section 21 is only valid for the current tenancy. Every time the tenancy ends legally, the notice to quit also expires. This is valid when the tenancy is renewed for either a new fixed term or a new periodic tenancy.