What is Schedule 2 of the housing Act?
The grounds that can be used for assured tenancies are set out in Schedule 2 of the Housing Act 1988 (though ground 14A can only be used by social landlords). If the landlord is using any of the 11 grounds set out below, it must be reasonable for it to grant possession. …
What is a ground 1 notice?
Notice requiring possession: Ground 1 is a mandatory ground, which means that providing the conditions have been met in full the court must issue a possession order – it requires the same notice period as a s21 notice – minimum of 2 months.
How many mandatory grounds for possession are there?
For example, if you’re in rent arrears there are 3 grounds that can be used. If any of your grounds for possession are numbered 1-8, the court will order you to leave your home if they accept your landlord’s case. This is because grounds 1-8 are ‘mandatory grounds’ for possession.
What is a ground 2 notice?
A ground 2 notice is to notify a tenant before a tenancy is granted the the rented property is subject to a mortgage and that possession may be sought in the future by the mortgage company.
What is Ground 8 of Schedule 2 of the Housing Act 1988?
To those not acquainted with housing law, Ground 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2. The Court will typically consider the arrears history and any reasons for the arrears, such as difficulties with housing benefit (which are frequent).
What are the grounds for a Section 8 notice?
The most common type of breach is the non-payment or late payment of rent, however, damage to the property, unsociable conduct, and subletting are also grounds for a possession order. All Section 8 forms require the landlord to specify the grounds they are citing as reason for eviction.
What is the difference between a mandatory ground and a discretionary grounds for possession?
Grounds for possession are either: discretionary – the court has to decide whether it is reasonable for you to be evicted; or. mandatory – the court must order you to leave if the local authority can prove that the ground applies.
What are grounds for possession?
The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract, and discretionary, where the court can decide one way or the other. These grounds for possession apply to tenancies entered into after 15 January 1989.
What is Section 21 of the Landlord and Tenant Act 1985?
In order to ensure transparency, section 21 of the Landlord and Tenant Act 1985 requires landlords to provide leaseholders with a summary of the service charge costs incurred.