The Legal
Process
In dealing with problem tenants Landlord Assist normally utilise the following legislative framework in assisting the landlord.
Housing Act 1988, Section 8.
A ‘section 8 notice to quit’ is also often referred to as a ‘section 8 possession notice’. It is so called as it operates under section 8 of the 1988 Housing Act. The 1988 Housing Act 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 think it advisable to cite more than one ground in the claim.
Consult our Landlord and Tenant team to find out how we can help you.
Some of the grounds are mandatory which means that if the landlord proves one of these grounds then the Court must award possession.
Generally the Section 8 route is used where there is some default on the part of the tenant the most common of which is non payment of rent. Any other breaches such as damage to the property, nuisance to neighbours and the like are also actionable.
The notice must be in a prescribed format and upon its expiry, 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 achieve this right the correct process needs to be followed which will include the service of a section 21 Notice.
The 1996 Act amended the section 21 of the 1988 Act by requiring that any such notice be issued in writing.
The section 21 notice cannot bring the tenancy to an end any sooner than the end of the initial fixed term tenancy. If a landlord wishes to gain possession of the property earlier than this date, this may be possible provided a valid section 8 notice has been served.
Housing Act 2004.
The Housing Act 2004 introduced the requirement that all landlords and letting agents renting property under an Assured Shorthold Tenancy in England and Wales are required by law to hold deposits under a Tenancy Deposit Protection Scheme. Assured Tenancies, Common Law and Company Lettings are not covered by this legislation.
Landlords should be aware that proceedings under a Section 21 notice cannot be enforced unless the deposit has been correctly administered.
In addition to the lodging of the deposit landlords are obliged to issue the tenant with the prescribed information .
The 2004 Act also makes provision that all rental properties will be required to have an Energy Performance Certificate (EPC). This certificate tells you the efficiency of the property in a scale of A – G. It is the responsibility of local authorities through Trading Standards to ensure that EPCs are in place.
Landlord and Tenant Act 1985
Aside from the Landlords Common Law Duty of Care the Landlord and Tenant Act 1985 requires that the electrical equipment is safe at the start of every tenancy. Electrical hazards are also covered under the HHSRS system under the 2004 Act.
Electrical Equipment (Safety Regulations) 1994 & Consumer Protection Act 1987
The electrical system and all appliances should be safe and failure to comply with the above legislation is a criminal offence punishable by £5,000 fine and or a six month ‘s imprisonment.