By Mike Edwards<\/p>\n
The Problem<\/strong><\/p>\n 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.<\/p>\n 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!!<\/p>\n The Misunderstanding<\/strong><\/p>\n The problem understandably is that the section 21 notice used to terminate an Assured Shorthold on mandatory grounds<\/span> <\/a>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.<\/p>\n 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:-<\/p>\n The Solution<\/strong><\/p>\n 1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If a section 8 notice is issued to a tenant draw their attention to the two sets of bullet point 2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The first bullet point then on page 2 immediately under the date in section 5 states how much 3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In reality there is no difference between a s8 ground 1 notice and a s21 notice. Both are 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<\/a>! <\/span><\/p>\n","protected":false},"excerpt":{"rendered":" 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 …<\/span> Read More →<\/span><\/a><\/span><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[55],"tags":[24,64,67,69,70],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/posts\/1578"}],"collection":[{"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/comments?post=1578"}],"version-history":[{"count":1,"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/posts\/1578\/revisions"}],"predecessor-version":[{"id":1851,"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/posts\/1578\/revisions\/1851"}],"wp:attachment":[{"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/media?parent=1578"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/categories?post=1578"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.castle-estates.co.uk\/staffordshire\/wp-json\/wp\/v2\/tags?post=1578"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 notes. The first in the group foot of page 1 make it clear that if ground 1 is quoted in section 3
\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 of the notice then it is a mandatory ground and the Judge must grant an order.<\/p>\n
\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 notice is needed \u2013 again for ground 1 it is 2 months (as with a\u00a0section 21 notice)<\/p>\n
\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 mandatory and provided the legal paperwork is in order the Judge\u00a0MUST<\/strong> grant an Order (as
\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 stated in the notices)<\/p>\n