By Mike Edwards
The Problem
There is a serious misunderstanding in some local authority/housing association housing departments when tenants approach them for advice if have been served a section 8 notice not for arrears possession under Ground 1.
This would usually happen on full Assured which are of course less common than Assured Shorthold but which carry the same mandatory possession rights for Landlords. Provided of course the legal paperwork is correct!!
The Misunderstanding
The problem understandably is that the section 21 notice used to terminate an Assured Shorthold on mandatory grounds is far more commonly used and recognised. But a section 8 notice using mandatory Ground 1 (previous or future occupancy by Landlord or spouse) is equally as powerful and also compels a Judge to grant a Possession Order.
This misinformation and confusion is happening a little more frequently as more Landlords quite legitimately use ATs to avoid the rigours of the TDP regime and the uncertain outcome of dispute resolution by scheme adjudicators. If difficulty is encountered take the following steps:-
The Solution
1. If a section 8 notice is issued to a tenant draw their attention to the two sets of bullet point
notes. The first in the group foot of page 1 make it clear that if ground 1 is quoted in section 3
of the notice then it is a mandatory ground and the Judge must grant an order.
2. The first bullet point then on page 2 immediately under the date in section 5 states how much
notice is needed – again for ground 1 it is 2 months (as with a section 21 notice)
3. In reality there is no difference between a s8 ground 1 notice and a s21 notice. Both are
mandatory and provided the legal paperwork is in order the Judge MUST grant an Order (as
stated in the notices)
Many local authorities, housing associations and even some solicitors who are not Landlord and Tenant law specialist misunderstand the mandatory power of a Ground 1 section 8 notice. So it is always good advice to use a solicitor who is either recommended or advertises as a specialist in this field. One would hope this would avoid the problem, or of course you could always use Professional Management!
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