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Possession Procedure
Where an
assured or assured shorthold tenancy exists, an order to recover
possession of a property can be sought under section 8 or
section 21 of the Housing Act 1988.
Possession Procedure Under
Section 8 of the Housing Act 1988
Under
section 8 of the Housing Act 1988, possession can be sought on a
number of mandatory or discretionary grounds.
Where a
mandatory ground is satisfied, such as where it is shown that a
tenant is 2 or more months in arrears with their rent at the
time that a section 8 Notice is served and at the date of a
possession hearing, the Court must order possession.
In the case of
discretionary grounds for possession, the Court has discretion
whether or not to order possession or whether to make a
suspended possession order.
The section 8
procedure can be used to seek possession where a number of
grounds are being relied upon for possession or where it is not
possible to use the section 21 procedure to obtain possession.
Possession Procedure Under Section 21 of
the Housing Act 1988
Section
21 allows for an accelerated possession procedure.
This means
that the Court will make a possession order where it is
satisfied that:
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there is a written
assured shorthold tenancy agreement;
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a valid Section 21 Notice has
been served giving the requisite period of notice; and
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the landlord has complied
with tenancy deposit scheme requirements (if applicable).
There is no
possession hearing. Provided the above requirements are
satisfied, the Court must make a possession order.
The
accelerated possession procedure cannot be used to recover
monies from the tent for rent arrears.
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Service of Notices Under Sections 8 and 21 of the Housing
Act 1988
Under both
sections 8 and 21 of the Housing Act 1988 the tenant
must be given notice that the landlord requires possession
of the property on or before a particular date, failing
which the landlord will can a possession order.
Notice Under Section 8 of the Housing Act 1988
In the case of a Section 8 Notice, the length
of notice that must given to a tenant depends on the ground
of possession that is being relied upon.
Where possession is being sought under
Section 8 on the ground of rent arrears of 2 or months, two
weeks notice must be given.
Notice Under Section 21 Housing Act 1988
In the
case of a Section 21 Notice, the notice period is 2
months.
A Section
21 Notice can be served during the currency of a fixed term.
However, it is not possible by means of the Section 21
procedure to obtain possession of a property before the
expiry of a fixed term.
There are
particular requirements for calculating notice in the case
of a Section 21 notice which is served after the expiry of a
fixed term.
It is
crucial that the correct periods of notice are given and, in
the case of Section 8 notices, they they contain certain
prescribed information as a failure in this regard will
result in the Court refusing to order possession on the
grounds of a defective Notice.
As
specialist solicitors we can ensure that a valid Notice is
served so you can be confident that the procedure for
obtaining possession is being followed to ensure that you
recover possession quickly and efficiently.
Click here
for details of our
fixed fees
(which include court fees) for
possession
claims against tenants who owe
rent arrears.
Click here
for details of our
fixed fees
(which include court fees) for
possession claims against
trespassers.
Click here
to complete an Online Possession
Questionnaire and start your claim for possession today.
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