Rent is unpaid when the notice seeking possession is served, and at the time of the hearing for a Possession Order:
Rent is paid weekly or fortnightly and at least
eight weeks' rent is owed.
Rent is paid monthly and at least
two months' rent is owed.
Ground 10
Rent which is lawfully due to the landlord has not been paid by the time the possession proceedings are started and was owed at the time the Notice seeking possession was served.
If a landlord has been offered money for rent by the tenant but has refused to take it, the tenant will have a defence in the possession proceedings.
Ground 11
The tenant has failed repeatedly to pay rent on time. There do not have to be rent arrears at the time possession proceedings are started.
Grounds for issuing a Section 8 notice other than rent arrears:
If any of the following grounds apply a landlord can apply to a court for possession after issuing a section 8 notice to quit upon the tenant.
Ground 2
The property is subject to a mortgage which pre-dates the tenancy and the mortgagees are repossessing the property to enforce the charge. Written notice should be given before or at the time the tenancy begins that possession may be required under this ground.
Ground 12
The Tenant has breached any term of the tenancy agreement (other than the ones relating to the payment of rent).
Ground 13
The property has deteriorated due to neglect by the tenant or by someone living with the tenant and the tenant has failed to remove that person.
Ground 14
The tenant or someone living with or visiting the tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been convicted of using the property for immoral or illegal purposes, or has been convicted of an offence in the local area.
Ground 14A
The property is occupied by a couple, one of them being a tenant and one of them has left due to violence or threats of violence from the other partner or from a member of that partner's family who is also living in the property.
Ground 15
Furniture at the property has deteriorated because the tenant or someone living with has neglected the furniture and the tenant has failed to remove that person.
Responsibilities Specific to HMO Landlords
A 'section 8 notice to quit', also known as a 'section 8 possession notice', is so called because it operates under section 8 of the Housing Act 1988. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST).
A section 8 notice is issued to a tenant who has breached the terms laid out in the tenancy agreement, most commonly for rent arrears. The Housing Act 1988 provides grounds under which a landlord may seek possession before the fixed term of tenancy has finished.
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