The issuance of a section 8 to arrest a tenant does not guarantee that the court will issue a property warrant. Much depends on the reasons and strength of the owner`s argument. Ground 2 – This reason is used by a mortgage that wants to obtain free possession to exercise purchasing power. The tenant must have been notified. The mortgage must have been taken out before the lease began and the tenant has warned against this possibility in the tenancy agreement. If the landlord establishes the lease with a rent arrears, he should, as far as possible, include Reason 8 in the explanatory statement to which he refers, as this is the only mandatory basic judgment for rent arrears. This means that if the owner can prove that this case is correct, the court issues an order of possession. Typical defences are that either the notice of Section 21 has not been voided or has not been received. If the evidence in the application form strongly attests to the contrary, the judge could still rule on the matter without being heard on the documents. It is essential that the validity of the communication can be demonstrated.

Landlords often ask us what kind of procedure they must follow to enter into possession of their property and to legally market a tenant as part of a guaranteed short-term lease agreement. It outlines the main features of the two main types of ownership procedures in the Housing Act 1988: Section 8 and Section 21. For secure short-term rents, most homeowners prefer to report a section 21, as it is generally considered more efficient. However, since this notice cannot take place before the fixed term expires, the section 8 communication is a very useful tool if you are still in the term of the tenancy agreement and the tenant causes serious problems that cannot be resolved. If you receive a section 21 note, don`t ignore it. You have to deal with it, as well as with your section 8 note – and the steps are different. If the tenancy agreement is a periodic or legal rent, the termination must end on the last day of a tenancy period. Depending on the reason your landlord indicated on your number 8 note, the court could either use if the property is subject to a mortgage that existed before the lease began and the lender wishes to recover the property. In principle, during the duration of the tenancy, an owner can issue a notification section 8 at any time – as long as there is a legal reason for termination. You don`t need a legal reason to send you a message in accordance with Section 21, but there are other rules you need to follow.

The tenant is the person or person to whom the lease was granted, and the landlord was prompted to grant the lease by a false statement, made knowingly or lightly, the tenant breached a clause of the lease (with non-payment of rent). If a secure rental contract is used, the day of delivery is the day after the landlord filed the notification or through the door of the property. In most cases, as soon as a tenant receives the notification, they evacuate the property to avoid lawsuits. However, if this is not the case, the owner must apply to a court for a possession order. This is when bailiffs and police can be involved to ensure that the tenant leaves the property and ensure that there is no violation of the peace. The grounds of possession can be categorized into two categories: mandatory, where the tenant is definitively ordered to leave the territory when the lessor can provide contractual evidence, and the discretion over which the court may rule in one way or another. If you do not leave before the date of your Notice of Section 8, your landlord will have to go to court to leave you. This is called the beginning of a property right. Your landlord can only be brought to court after the date indicated to your number 8. Your landlord must give you a reason to send you a section 8 notification.

There are many reasons why your landlord may need, for example, if you: Your landlord should give you a good reason to give you a