Section 8 – Most Important Changes
Section 8 – Most Important Changes
The Renters Rights Bill will make some major changes to the grounds in S.8. We will look at the main implications for landlords, but please be aware there are still some minor tweaks that may take place before it becomes law. The grounds not covered will be the ones less often used and should be checked on a case by case as required.
MANDATORY GROUNDS 1-8
Ground 1 – Occupation by the landlord or family. Twelve months notice will be required, with a four month notice period, which we understand can be issued at eight months.
Ground 1a – Sale of the dwelling-house. This ground will require the same twelve month notice with a four month notice period.
These grounds will require much better planning by landlords if they are not looking to let their properties for the long term. It is understood that if the tenancy has been running for some time prior to the law coming in, then it should be possible to give just four months notice as the twelve month period will already have been covered. New tenancies will have the full timescale for compliance.
The landlord will need to provide proper proof that either action is going ahead; if a sale is not achieved the property CANNOT be relet for 16 months from the time the notice was served (Block Out period during which the property will sit vacant – 4 months of the notice period plus 12 months). It should be noted that during this time the property CANNOT be marketed for or let including any form of short/holiday let/licence.
Ground 4a – Properties rented to students for occupation by new students. This ground can ONLY relate to:
A property that is classed as an HMO (it does not apply to any 1 or 2 bedroom properties)
A property which is let to full-time students (any member of the household who is not, will nullify the use of this ground).
A new group of students in line with the academic year and cannot be used if the tenancy was agreed more than 6 months in advance of the tenancy starting (i.e. the tenant moving in).
All three statement must be met for the ground to apply. There are other potential issues with student lets which still need to be clarified. Four months notice needs to be served.
Ground 6 – Redevelopment. This is quite complicated and should be checked for each case. Four months notice will need to be given.
Ground 7a – Severe ASB (Anti Social Behaviour) /Criminal Behaviour. Applies if the tenant has:
Been convicted of a type of offence listed in the ground.
Breached a relevant order put in place to prevent anti-social behaviour or there is a closure order in place prohibiting access for a continuous period of more than 48 hours.
Notice can be given immediately, but gathering the evidence might slow this ground down.
Ground 7b – No Right to Rent. If at least one of the tenants has no right to rent under the current immigration law, because of their immigration status and the Secretary of State has given notice to the landlord of this. Two weeks notice needs to be served
Ground 8 – Rent Arrears. The tenant must have at least 3 months’ (thirteen weeks’ if the rent is paid weekly or fortnightly) rent arrears both at the time notice is served and at the time of the possession hearing. If arrears are due to delays with Universal Credit, these arrears will NOT be counted in determining an arrears figure. Four weeks notice needs to be served.
DISCRETIONARY GROUNDS 9 – 18
Ground 10 – Any rent arrears. The tenant is in any amount of arrears. This is normally used with Gd.8 and 11. Four weeks notice needs to be served.
Ground 11 – Persistent arrears. The tenant has persistently delayed paying their rent. Four weeks notice needs to be served.
Ground 12 – Breach of the tenancy. The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent). Four weeks notice needs to be served.
Ground 13 – Deterioration of the property. The tenant has caused the condition of the property to significantly deteriorate. Two weeks notice needs to be served.
Ground 14 – Anti social behaviour. Unlike Gd 7a this applies to:
The tenant or anyone living in or visiting the property that has been guilty of behaviour causing, or likely to cause, nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or in the locality of the property.
The tenant or a person living or visiting the property who has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offence in the locality.
The issue will need to be serious enough for the court to make person homeless! This ground is wide ranging and could take time to gather the evidence required to prove it. Indeed in many cases it poses the question of how the landlord can gather the information required and what is threshold level that the courts will determine for it. No notice is required to be served.
Ground 17 – False statement. The tenancy was granted due to a false statement being made knowingly or recklessly by the tenant or someone acting on their instigation. Good note taking at the referencing stage will be essential to prove this ground. Two weeks notice needs to be served.
For the full list of grounds, please visit the government RRB guide:
It can clearly be seen that navigating these notice changes will take time to be fully understood and a lot of the changes may well be challenged in the courts which will give a little more clarity to what will be a complicated minefield for landlords to operate in.
Again if there is any doubt, do take the advice of a property professional.