1.09 Housing Act 1988 Notices And Grounds For Possession

Front 1

What is a Section 8 Notice used for?

Back 1

Where a LL wishes to regain possession of a property let under an ASSURED tenancy or Fixed period of AST not expired.

They must establish one of the grounds laid down in the Housing Act 1988 Schedule 2 parts I and II. These are divided into mandatory (part I) and discretionary grounds (part II).

Proceedings MUST be begun within 12 months of serving the notice.

Front 2

What other information should be provided when serving a Notice under Section 8?

Back 2

~ That the tenant should seek professional advice and offer suggestions to where this might be found.
~ Tell the tenant that POSSESSION CAN ONLY BE GIVEN WITH A COURT ORDER.

Front 3

When can possession proceedings (Section 8 Notice) start?

Back 3

Can only start once the notice has EXPIRED. Courts do not look favourably on LL or agents where possession proceedings are started before the notice has expired.

Front 4

What was the case of Mountain v Hastings [1993]

Back 4

Regarding Notice of Possession under Section 8 - the specifications under which grounds were written incorrectly and the Courts held it to be inadequate.

Front 5

What is Schedule 2 of the Housing Act 1988?

Back 5

Schedule 2 sets out the mandatory and discretionary grounds and notice periods on which a landlord can seek possession of an assured tenancy or an AST within the fixed term.

Front 6

When are the grounds under the Housing Act Schedule 2 used for AST's?

Back 6

If a LL wishes to regain possession within the initial fixed term AST, or within the initial 6 month protected period for a periodic AST, the grounds in this section must be used - Section 8 Notice.

Front 7

When would a Section 6 (2) notice be used?

Back 7

This form would be used when there are variations of the lease terms of a statutory periodic tenancy

Front 8

When would a Section 13 (2) notice be used?

Back 8

When proposing a new rent.

Front 9

When would a Section 22 notice be used?

Back 9

This deals with referals of excessive rent to an RAC.

Front 10

When would a Sction 41 (2) Notice be used?

Back 10

If the RAC requires information from the LL or tenant then the RAC serves this.

Front 11

When is Paragraph 7 of Scedule 2A used?

Back 11

When the tenant proposes to the LL that assured tenancy becomes an AST.

Front 12

When is Paragraph 9 of Schedule 2A used?

Back 12

When the LL proposes an AST to a prospective tenant, where the tenancy could be an assured agricultural occupancy.

Front 13

When would a Section 21 Notice be used?

Back 13

This must be in writing and can only be used to gain possession at the END of an AST and the minimum notice period is 2 months.

There is no prescribed format to this form, just that it must be in writing.

Front 14

Where the tenancy is fixed term AST when can notice be served?

Back 14

The notice can be given at any time during the tenancy. You do not need to wait until the fourth month of the tenancy.

It is common practice that a Section 21 Notice is served at the start of the tenancy, along with other documents.
However do not serve the Notice before the start of the tenancy because it will be deemed invalid. Like
Turpitt v Elizabeth [1998].

Front 15

What notice is used where the tenancy is a periodic AST?

Back 15

Still a Section 21 applies, again 2 months notice is needed, but it can not end sooner than the notice to quit served at the same time as the notice for possession proceedings.

Front 16

When can Accelerated Possession Proceedures be used?

Back 16

~ the tenancy is an AST created after 15th january 1989
~ the tenant is the original tenant.
~ a section 21 notice has been served and has expired.
~ the LL is purly seeking possession (i.e. not claiming rent arrears).

Front 17

What are the judges options when accelerated possession is applied for?

Back 17

The judge can make the possession order without the need for a hearing as long as he is satisfied by the LL written application.
The options are:
~ Grant the possession order
~ Order a hearing
~ Request more information from LL and tenant.

Front 18

How many days does a tenant have to vacate after being served an Accelerated Possession order?

Back 18

14 days, although this can be extended up to 6 weeks if there is exceptional hardship.

Front 19

What compliance rules must be followed when applying through the courts for possession?

Back 19

The CIVIL PROCEEDURE RULES (CPR) 2001. These introduced CPR Part 55 which applied to all claims for possession after 15th October 2001.

LL and Agents should follow these proceedures when applying and use Practice Direction (PD 55).

Front 20

Where a hearing is required what will the LL need to prove?

Back 20

~ The validity of the tenancy agreement.
~ The grounds on which the Notice has been served (Section 8 Notice)
~ Proper service of any Section 21 or Section 8 notice.
~ If a fixed term has not expired, the clause in the lease allowing termination (i.e forfeiture clause)
~ Compliance with Section 48 of the LL and tenant Act 1987.

Front 21

On obtaining a court order for possession, what period of time is the tenant given to vacate?

Back 21

Minimum 14days but usually 28 days.

Front 22

What happens if the tenant refuses to vacate after a court order for possession has been granted?

Back 22

LL or agent must obtain an order from the court for the court ballif to evict the tenant. The period between the court oder for possession and the order for ballif attending can be between 2-6 weeks.

Front 23

What should happen after eviction?

Back 23

The agent should make a full inventory of any items left behind, ideally with a third party or ballif. The tenant should be contacted, in writing and given a time period to remove belongings. If whereabouts not known an advert should be placed in local paper to warn them that they need to remove their belongings. The notice period MUST be reasonable. Any belongings not removed during the time period can be sold, the amount realised can be used to offset any arrears in rent/waste etc.

Front 24

What is the name of the Act covering the eviction proceedures?

Back 24

Torts (Interference with Goods) Act 1977.

Front 25

If a tenant was either harassed or evicted by a LL or agent what breaches in law and legislation would be taking place?

Back 25

~ A breach in the covenant of quiet enjoyment under contract and common law.
~ An offence under the Protection from Eviction Act 1977.
~ An offence under the Protection from Harassment Act 1997.
~ A right to damages for the tenant under the Housing Act 1988 sections 27 and 28.

Front 26

How is harassment defined under the Protection from Eviction Act 1977?

Back 26

'Conduct which causes alarm to people or causing people distress' Includes:
~ Threats of violence
~ Withdrawal of/ cutting off services
~ Changing locks
~ Removing tenants belongings
~ Trespass (tenants have exclusive possession).

Front 27

If convicted what are the penalties?

Back 27

LL or agent liable for a fine or up to six months imprisonment.

Front 28

What does the Housing Act 1988 Sections 27 and 28 contain?

Back 28

This lays out the statutory damages available for unlawful eviction and mental distress caused by a LL on a tenant.

Section 27 requires the tenant to show that:
~ LL has committed acts likely to interfere with the tenants quiet enjoyment of the property.
~ The LL has known or cause to believe the actions would be likely to cause the tenant to leave.
~ The giving up of occupation had been a result of the LL acts.

Section 28 sets out the basis for damages to be awarded.

Front 29

What are Notices to Quit?

Back 29

These can be used for occupuers of residential property who do not have leases covered by the Housing Act 1988.
Under Section 5 of the Protection from Eviction Act 1977 the notice to quit must be:
~ in writing
~ give not less than 4 weeks notice
~ contain such information as may be prescribed

Front 30

What is contained within Section 5 (Prescribed Information) Regulations 1988 in relation to Notices to Quit?

Back 30

~ A LL must get a possession order from court before the recipient is evicted.
~ An application for a possession order can not be made until the notice period has run out.
~ The recipient must be told where to get advice e.g. solicitor, citizens advice.