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section 8
Oct 10 2024

Mandatory and discretionary grounds for Section 8 notices

Since the Renters’ Reform Bill, the Section 21’no-fault evictions’ was abolished and therefore, property owners and letting agents have to rely only on Section 8 notices to evict tenants. This blog will focus on when letting agents can use Section 8 notices, highlighting the mandatory and discretionary grounds for Section 8 notices.

Grounds for a Section 8 notice:

There are 16 grounds for possession, grouped into mandatory or discretionary categories. Letting agents are required to provide evidence for the grounds they use and the notice periods will differ based on the circumstances.

Mandatory grounds:

Mandatory grounds refer to ‘concrete’ reasons for eviction. Notice periods for these grounds can be from two weeks to four months. The following are the mandatory grounds:

Ground 1 (Amended): A property owner or family member can only move into the property once the tenancy is over 12 months.

Ground 1A (New): If the property owner wishes to sell the property, they can only do so once the tenancy has exceeded 12 months.

Ground 2: Ground 2 should be used if mortgage providers want to repossess the property.

Ground 2ZA – 2ZD (New): Use this ground once the leasehold ends and if the property owner does not own the freehold.

Ground 4: Used in student properties (let by an educational institute) for a fixed term of 12 months.

Ground 4A (New)– Student property owners who are not part of an educational institution can use this ground if they require the property for new student tenants before the start of the academic year.

Ground 5: Used by religious organisations that own the property and require a minister of religion to move in

Ground 6: Used by property owners who intend to demolish or redevelop the property and therefore need the tenants to move out

Ground 6A (New): Used by property owners who need to possess the property in order to comply with enforcement action

Ground 7: Can be used if the tenant passes away, however, property owners cannot use ground 7 if their surviving partner is living in the property.

Ground 7a: Used if tenants commit serious antisocial behaviour

Ground 7b: Used when tenants do not have the right to rent

Ground 8 (Amended): Used if tenants are in 3 months arrears or 13 weeks if rent is paid weekly or fortnightly.

Discretionary grounds:

Discretionary grounds enable the court to ensure that the eviction is justified. Discretionary grounds are utilised if there is a minor breach or tenant misconduct. The following are the discretionary grounds:

Ground 9 – Used when a property owner has provided that is like-for-like for the current tenancy.

Ground 10– Used when the tenant is in rent arrears but for less than 3 weeks.

Ground 11– Used when the tenant is constantly late in paying rent.

Ground 12 – For any breach of the tenancy agreement, excluding rent payments

Ground 13 – Used if tenants have neglected the property

Ground 14 – Used if the tenant has been a nuisance to the neighbours or using the property for illegal activity

Ground 14A (New)– Used to evict a domestic violence perpetrator if the victim has fled.

Ground 14ZA (New) – Used if the tenant has been convicted of an indictable offence during a UK riot

Ground 15- Used if the tenant has damaged furniture provided by the property owner

Ground 17– Used if the tenant had provided a ‘false statement’ for the tenancy.

Ground 18 (New) – Used for tenancies that are supported accommodations and the tenant refuses to engage in support

The information in this post is valid to the best of our knowledge on the date of posting. It is advised that you seek independent advice based on your individual circumstances.

T +44 (0)203 488 1488

E: info@ladybirdliving.co.uk

W: https://www.ladybirdliving.co.uk/

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