Page 132 - planet_rent

9.8.3 Serious arrears:
When an eviction becomes necessary, Ringley Law can serve Section 8 Notices for accelerated
possession using a range of the following grounds:
Ground Summary Minimum notice length
Ground 8 8 to 12 weeks unpaid rent (depends on rent 2 weeks
payment period)
Ground 10 some unpaid rent 2 weeks
Ground 11 persistent delay in paying rent 2 weeks
Ground 12 Breach other than rent 2 weeks
Ground 13 Tenant waste/neglect 2 weeks
Ground 14 Tenant nuisance

Court application for possession can be lodged as soon as notice is served
Ground 15 Furniture damage 2 weeks
Ground 16 Employment tenancies 2 months
Ground 17 False statements 2 weeks

What remains important during an eviction is sensitivity and to meet with tenants to try to help them
plan towards moving on. In 2014 Ground 7a was inserted into the 1988 Housing Act to deal with anti-
social behaviour but requires one of the following conditions to be met:

Condition 1 a conviction for a serious offence to have been established,
Condition 2 a breach of an injunction served under section 1 of the Anti-social Behaviour, Crime and
Policing Act 2014
Condition 3 a conviction under an offence under section 30 of the Anti-social Behaviour, Crime and
Policing Act 2014,
Condition 4 a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014,
Condition 5 a conviction under section 80(4) of the Environmental Protection Act 1990 (breach of
abatement notice in relation to statutory nuisance), or section 82(8) (breach of court
order to abate statutory nuisance etc.), and the nuisance concerned was noise emitted
from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of
that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be
prejudicial to health or a nuisance).

Possession on these grounds will fail if there is an appeal or a conviction is overturned.

124