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afra74	Friday 13 January 2012 2:52:37 pm I have an issue with my landlord started here http://tenantstips.com/Forums/Rep...w/Re-Is-my-landlord-breaking-the-law Now He gave me a non valid notice which ended on the 15/12/11 and then as he new he was wrong and because I couldn't find anywhere to go and didn't leave, he then served me another notice ending on 03/02/12 which is valid - but yesterday he just droped another notice with request to leave on 28/01/12 under section 8, 10 and 11 Can he do that? should he just change the notice date to an earlier date? Regards
1972	Thursday 19 January 2012 10:04:22 pm What is a Section 8 Notice to quit? 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 different from the more common section 21 notice to quit in that 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 21 notice can only be used for regaining possession at the end of a tenancy agreement. A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and if certain conditions have been met, the most common being one involving rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession before the fixed term of tenancy has finished. The landlord cannot evict the tenant without first obtaining an order for possession from a court. Before applying to the court for such an order, the landlord must serve a Section 8 notice to quit on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought. The notice must be laid out in a prescribed format and must specify which grounds the landlord intends to use to gain possession and the landlord's reasons for relying on those particular grounds. Any error made when issuing the section 8 notice is likely to delay the landlord gaining possession. Grounds for issuing a Section 8 notice to quit Under section 8 of the Housing Act 1988 there are 17 separate grounds on which a landlord can seek possession of a property. For ground 2 the landlord must give two months' notice. For grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 they can give just two weeks' notice. Notice must be given in the prescribed manner in a section 8 notice. This is important because any errors the landlord makes when serving the section 8 notice is likely to lead to serious delays. Grounds involving rent arrears The most common reason for issuing a section 8 notice to quit is rent arrears and this is covered in grounds 8, 10 and 11. Ground 8 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. Rent is paid quarterly and at least one quarter's rent is more than three months overdue. Rent is paid yearly and at least three months' rent is more than three months overdue. -------------------------------------------------------------------------------- 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 don't have to be rent arrears at the time possession proceedings started

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afra74

Friday 13 January 2012 2:52:37 pm

I have an issue with my landlord started here http://tenantstips.com/Forums/Rep...w/Re-Is-my-landlord-breaking-the-law

Now He gave me a non valid notice which ended on the 15/12/11 and then as he new he was wrong and because I couldn't find anywhere to go and didn't leave, he then served me another notice ending on 03/02/12 which is valid - but yesterday he just droped another notice with request to leave on 28/01/12 under section 8, 10 and 11

Can he do that? should he just change the notice date to an earlier date?

Regards

1972

Thursday 19 January 2012 10:04:22 pm

What is a Section 8 Notice to quit?

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 different from the more common section 21 notice to quit in that 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 21 notice can only be used for regaining possession at the end of a tenancy agreement.

A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and if certain conditions have been met, the most common being one involving rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession before the fixed term of tenancy has finished.

The landlord cannot evict the tenant without first obtaining an order for possession from a court. Before applying to the court for such an order, the landlord must serve a Section 8 notice to quit on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought.

The notice must be laid out in a prescribed format and must specify which grounds the landlord intends to use to gain possession and the landlord's reasons for relying on those particular grounds. Any error made when issuing the section 8 notice is likely to delay the landlord gaining possession.

Grounds for issuing a Section 8 notice to quit

Under section 8 of the Housing Act 1988 there are 17 separate grounds on which a landlord can seek possession of a property.

For ground 2 the landlord must give two months' notice. For grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 they can give just two weeks' notice.

Notice must be given in the prescribed manner in a section 8 notice. This is important because any errors the landlord makes when serving the section 8 notice is likely to lead to serious delays.

Grounds involving rent arrears

The most common reason for issuing a section 8 notice to quit is rent arrears and this is covered in grounds 8, 10 and 11.

Ground 8

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.

Rent is paid quarterly and at least one quarter's rent is more than three months overdue.

Rent is paid yearly and at least three months' rent is more than three months overdue.

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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.

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Ground 11

The tenant has failed repeatedly to pay rent on time. There don't have to be rent arrears at the time possession proceedings started