The Legal Process

the legal process
Landlord Assist normally utilises the following legislative notice in assisting the landlord.

Housing Act 1988, Section 8.

The Housing Act 1988 defines 17 grounds that the landlord may invoke to recover possession of the property. These grounds are laid down in Schedule 2 of the Act. When claiming possession under section 8, it is possible and Landlord Assist often feel it advisable to cite more than one ground in the claim.

Some of the grounds are mandatory which means that if the landlord proves one of the grounds the court must award possession. Landlords should be aware that possession grounds of rent arrears are not prior notice grounds.

Generally the section 8 route is used where there is some default on the part of the tenant. The most common type of default will be the non payment of rent however any other breaches such as damage to property, nuisance to neighbours and the like are also actionable.

The court will require Landlord Assist to show adequate evidence or proof of the defaults before it will order the tenant to move out of the rented accommodation.

Housing Act 1988 Section 21 (as amended Housing Act 1996)

Under the legislation a landlord who has granted an assured shorthold tenancy has a legal right to get their property back at the end of the tenancy. In order to invoke this right, the correct legal process needs to be followed which will include the service of the appropriate Section 21 notice. Section 21 is subdivided into a number of sections with differing rules applying to notice served during the initial period of the tenancy and that of a statutory periodic tenancy. For more information please click here.