It seems frightful to think that landlords in the future will not be able to serve a Section 21 notice and inevitably have to rely on Ground 8 of the Housing Act under a Section 8 notice. Furthermore, if landlords cannot prove entitlement under the latter then tenants will have the right to remain in the property.
As it stands, in order to have the best outcome when issuing possession proceedings under a Section 8 notice, tenants need to be in at least 2 months arrears to satisfy mandatory Ground 8 of the Housing Act 1988.
However, it's said the government will also review Ground 8 parallel to the proposed changes with regards to Section 21 notices.
The government will look to strengthen and revamp Ground 8 to allow landlords to serve a two week notice for possession once the tenant is two months in arrears.
Possession under Ground 8 would then be classed as mandatory, if the tenant is in one month or more rent arrears at the date of the possession hearing, or discretionary, if the rent arrears outstanding are under one month at this date.
However, if evidence can be provided to show that rent arrears have built up due to the tenants poor payment history, and the breach has occurred on three previous occasions, this could potentially be considered a mandatory ground.
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Phone: 01962 844 333
The proposed changes The Government is proposing to abolish Section 21 Notices and the creation of new ASTs. This appears to be a complete ban (with no exceptions). The effect will be that private landlords will be unable to evict tenants without proving a statutory ground for possession under Section 8 of the Housing Act 1988. This is the regime of assured tenancies rather than assured shorthold tenancies. If a landlord is unable to establish a ground under Section 8, the tenant will have a right to remain in the property unless s/he breaches the tenancy agreement or the tenant serves notice to vacate (if permitted under the terms of the tenancy).