A Section 8 Housing Act 1988 Notice is ‘fault-based’ notice i.e. the Tenant has done something wrong such as non-payment of rent, caused damage or other.
A section 8 is a formal legal notice that informs the Tenant that should they fail to remedy the breech within X days you are eligible to ask the court to evict them and you may also seek compensation for loss. the Landlord can ONLY apply for possession after the expiry of a Section 8 Notice that was previously served.
Prior to issuing a Section 8 Notice, you must be able to demonstrate that you have tried to resolve the situation.
Should your requests be ignored;
(b) has been convicted of activity in the locality or
1. using the dwelling house or allowing it to be used for immoral or illegal purposes or
How long will it take to evict my Tenant?
From serving of an Eviction Notice to the final act of the Bailiff removing a Tenant can take 3 to 5 months to regain possession of your property. It all depends how far you are down the Eviction process.
Be guarded of companies who claim they can evict your Tenant faster [for a fee], The facts are Tenancy Eviction is a civil procedure determined by the courts. PIMS Members benefit from our members Telephone Helpline [open 7 days a week] and Tenancy eviction is just one of the benefits of being a member
Evicting a Tenant on Housing Benefits?
If you are seeking to evict a Tenant who is on benefits then the rules of the game change see Evicting Tenant on benefits sadly sometimes they want evicting so they can get a council house
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.