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Section 8 Housing Act 1988

Evict a Tenant by Laura Khan

by Laura Khan

Having worked within the property industry for over ten years I have amassed a wealth of knowledge and experience in the field and understand the absolute importance if prioritising customer need.

If as a property owner you are looking to eliminate occupants from your rented residence, you need to follow a set eviction procedure as defined by law meaning that you must first serve an eviction notification on your renter.

Section 21 Housing Act 1988 - Eviction Process

When a property owner needs a rented residence vacated by the renter because of some type of infringement of the tenancy contract; then property owners should use the renter eviction procedure 'by virtue of section 8 in the Housing Act'. The key factor to keep in mind if as a property owner you use the section 21 technique, a court may not grant any court orders for unsettled rent and this will need to be remedied following another route; hence a notification citing section 8 within the Housing Act is the recommended path.

When a property owner doesn’t enter into a new contract when a set term of a tenancy comes to a close, the tenancy will routinely be converted to a statutory periodic tenancy.

Property’s landlords do not need a reason every time to evict a renter once it has become a statutory periodic tenancy as property owners may then use the APP for ending an AST, which sanctions a property owner ending an AST without providing a reason. The guideline on the length of notification a property owner is required to give a renter is determined by various circumstances; e.g. the extent of the notification is determined by the ground that the property owner is stating.

When exercising the shorthold grounds, a property owner can only do so if their tenants’ deposit has been properly secured in a deposit security scheme, furthermore the notification provided must:

  • Be provided in writing
  • Come to an end on the final day of a rented period
  • Stipulate the appropriate conditions from within section 8 Housing Act 1988
  • Offer the lengthier of; two months or the amount of time between rental payments

Property’s landlords can offer such notification at any juncture before the end of the set term but this notification cannot run out before the completion of the fixed term; furthermore when this notification is provided before the end of the set term, the length of the notification can be as little as 2 calendar months and doesn’t have to lapse on the last day of a rental period

Section 8 Housing Act 1988 - Court Eviction Process

If the renter doesn’t get out of the rented residence by the time frame stipulated in the notification, a property owner will then need to pursue this by means of a court application to get an eviction agreed to legally. Should the occupants refuse to move out, the property’s landlord may then ask for the courts to agree to an eviction order. The court can then set up the bailiffs for the eviction of the tenants. In this scenario, the property owner can also reclaim from the renter any costs stemming from the court action.

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