Eviction procedure under Section 8 of the Housing Act 1988

Biography

Tim Flower, Partner of Preston Redman LLP, who joined Preston Redman in 2005 and became a Partner in 2010. He is the Head of the firm’s Litigation Department. He is the honorary solicitor for the Dorset branch of the National Landlord’s Association and the Chair of the Bournemouth and District Law Society Litigation and Dispute Resolution Committee.

Summary

In plans published on 2 July 2018 the then Secretary of State for Communities, the Right Honourable James Brokenshire MP, proposed the introduction of a minimum 3 year tenancy term “to help renters put down roots”. There have been further discussions of 12 month, 2 year and 3 year minimums. Consultations were ongoing until the suspension of parliament. As a result, the default position of many landlords to rely on Section 21 Notices in order to gain possession of properties where tenants are also in breach of grounds under Section 8 may need rethinking and, as such, it is important for landlords now to be aware of the grounds for possession under Section 8 when making decisions in respect of their tenants remaining in occupation in the future, and despite what many believe the route is as costly nor expensive and one might expect.

Tim will be advising when Section 21 Notices and Section 8 Notices should be used.