[xliv] Two requirements have been prescribed under this section[xlv] for tenancies which began from 1 October 2015, other than statutory periodic tenancies that have been excluded. [xxiii] Additionally, the Localism Act 2011 (Commencement No. You might be able to defend your eviction using discrimination law. For example if you've paid some of your rent arrears or if you've repaired any damage you caused. Your section 8 notice will only be valid if you've got an assured or assured shorthold tenancy. This form should be used by a landlord or a tenant who has been served with form 1 (notice under Section 6(2) of the Housing Act 1988), varying the terms of a statutory periodic tenancy. This means that the court has to accept your landlord's reasons if they can prove them. Explain why you can’t go – for example because you have to self-isolate. The possession hearing will be at least 4 weeks after the review date. Your landlord has to follow coronavirus guidelines and rules if they want to evict you – check if your landlord has followed the rules. [li], There is no case law as to whether the version provided must be the version current at the time the tenancy started, or at the time it is given. Talk to an adviser to find out what legal advice you can get. It is used in England and Wales and is part of the Housing Act 1988. Depending on the ground your landlord has used, you might be able to ask the court again to to delay the date you'll need to leave. They'll also need to show you had the arrears when you got the section 8 notice. This is called 'defending possession'. [lii][51], The Tenant Fees Act 2019 introduced a ban on landlords and letting agents charging tenants, someone acting on behalf of the tenant, or the tenant's guarantor most kind of fees in connection with their tenancy, a cap on the amount allowed for a tenancy deposit, and rules on the treating of holding deposit. Find out more about dealing with rent arrears. You could give any extra evidence you have, for example if you've got a new job and could afford to pay back some arrears. We use cookies to improve your experience of our website. You might get a section 8 notice at any time during your tenancy. You might be able to challenge your eviction and stay longer in your home. Joe pays his rent weekly and is 9 weeks behind with his rent. For example, because you're in rent arrears or because you've damaged the property. The amount of extra time the court can give you depends on the reason, or ground, your landlord is using. Eligibility for this program is based on a family's gross annual income and family size. Your landlord might be able to evict you using a section 8 notice if, for example: You might be able to defend your section 8 notice if you explain to the court what you're doing to put things right. The date must be the last day of a period of the tenancy, and cannot be earlier than the earliest day an equivalent common law tenancy may be bought to an end by a notice to quit given on the same date. All the changes apart from the requirement for landlords to provide prescribed information applied to all tenancies from 1 October 2018. His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10. Some people don’t have to wear one – check who doesn’t have to wear a mask or face covering on GOV.UK. [ix][16] If the notice is served by a company, then it must be signed or otherwise executed in accordance with the Companies Act 2006. All rights reserved. Tenants must usually give landlords 30 days’ notice prior to … There is no requirement for the landlord to provide further copies of the guide during a tenancy when new versions are published. Depending on the reason your landlord has given on your section 8 notice, the court could either: You'll need to have a good reason to delay the date you leave, for example if you've got a serious illness or disability. You won't have to leave your home straight away. If you can’t contact the duty adviser on the day of the hearing, tell the usher or the judge before the hearing starts – the judge might agree to delay the hearing. [vii][14][15], Section 21 of the 1988 Act provides two different mechanisms under which a landlord can give notice to obtain possession of their property. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. If you find it difficult to use the defence form, write what you want to say on a piece of paper instead. Let us know, Copyright ©2021 Citizens Advice. [xlviii][xlix] Where the tenant's right to occupy the property is for a period of at most 28 days[xlvii] or there is no relevant gas appliance in any room occupied by the tenant, the landlord may choose instead to display the certificate in a prominent position in the property alongside a statement that the tenant is entitled to request their own copy of the certificate. What does it mean to have power of attorney? You can appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing.