The form has been amended to reflect the changes to possession procedures following the new regulations under the Coronavirus Act 2020. Advice for people affected by child abuse. They might be able to get your landlord to agree to pause or stop the eviction. Participants find their own housing to rent in the open market, and pay a portion of their income towards rent. Make sure you keep a record of what you've paid. Contact your nearest Citizens Advice if you get a possession order. This is because grounds 9-17 are 'discretionary grounds'. You can challenge your eviction if for example: If you can, talk to an adviser before you challenge your eviction. You must also comply with any notice periods set out in the form. It depends on the reason your landlord is using to try to make you leave. You might be able to defend your eviction using discrimination law. Court costs can be expensive. That means they should conduct a proper screening for all prospective tenants, including running background and credit check on them - Click here to … Section 8 housing choice vouchers are provided to tenants who meet certain qualifications, such as that their incomes fall below 30 percent of the median income in the area in which they're looking to rent property. Landlords can apply to the court for a possession order if the tenants do not leave by the date specified in the form as the earliest date on which possession proceedings can be brought. You should act straight away if you get court papers. If you don't leave by the date on your section 8 notice, your landlord will have to go to court to make you leave. Obtaining Possession Using Section 8 Notices. Advice can vary depending on where you live. You'll be told by the court if you can stay in your home or if you'll have to leave. Your landlord might use more than one ground for possession. For example, because you're in rent arrears or because you've damaged the property. It’s worth talking to the duty adviser even if you’ve already got advice. Your landlord has to start a possession claim within 12 months of the date on your section 8 notice. The Section 21 Route has far more certainty and less risk for the landlord. The form has been amended to reflect the changes to possession procedures following the new regulations under the Coronavirus Act 2020. check if your landlord has given you the right amount of notice, get help before you decide to leave your home, Get help from your nearest Citizens Advice, check if your housing problem is discrimination, check if your landlord has followed the rules, check what to do if you get a reactivation notice, Read more about getting help with legal costs, Check if your problem counts as discrimination, defend your eviction using discrimination law, check how to prepare if the court decides to arrange a hearing by phone or video call, check who doesn’t have to wear a mask or face covering, Getting repairs done if you're renting privately, Going to court if your landlord won't do repairs, If you've got a problem with your shared house, Check if your landlord has to protect your deposit, the 'grounds for possession' - these are the reasons why your landlord wants you to leave your home, the date your notice ends - your landlord will need to get a possession order from the court if you don't leave by that date, what grounds for possession your landlord is using to try to evict you - they might use a few, why your landlord is using the grounds for possession, for example if you have rent arrears, or if you've damaged the property, your landlord wants to move back into the property, your landlord is behind with their mortgage payments and the property is being repossessed, you've been convicted of a serious criminal offence near your home, 3 months - if you pay your rent quarterly or yearly, you get letters or paperwork from the court, the details on your section 8 notice are wrong, your landlord hasn't given you a proper reason, you or someone you live with had coronavirus, you’ve lost your job or you’re earning less, you've got a pet but your tenancy agreement says you can't keep pets, let you stay in your home if you follow their orders, for example if you agree to pay off your arrears - this might happen if your landlord has used grounds 9 to 17, delay the date you'll need to leave by up to 6 weeks if leaving in the usual 14 days would cause you problems - this might happen if your landlord has used grounds 1 to 8, arrange for the hearing to happen by phone or video call, a letter from your GP if you couldn't pay your rent because you were ill and unable to work, a bank statement or wage slip to show how much you can afford to repay if you're in rent arrears, let you stay in your home if you meet certain conditions, for example if you pay your arrears - this is known as 'suspending' a possession order, dismiss your landlord's case - this means you'll stay in your home and you won't need to meet any conditions. Learn about the rules, requirements, and inspection process. Landlords can apply to the court for a possession order if the tenants do not leave by the specified date. NHS Choices - Information on hospitals, conditions and treatments. Unless a temporary exemption applies, an application for a licence has been made and is still effective or the landlord has notified their local authority that they are seeking a temporary exemption and that notification is still effective. You can find out more or opt-out from some cookies, Coronavirus – check what benefits you can get, Coronavirus – getting benefits if you’re self-isolating, Coronavirus – check if there are changes to your benefits, Coronavirus - being furloughed if you can’t work, Coronavirus - if you have problems getting your furlough pay, Coronavirus - if you're worried about working, Coronavirus - if you need to be off work to care for someone, Template letter to raise a grievance at work, If you can’t pay your bills because of coronavirus, If you want a refund because of coronavirus, Coronavirus - if you have problems with renting, Renting from the council or a housing association, Living together, marriage and civil partnership. We use some essential cookies to make this website work. When a landlord agrees to participate and signs a lease with the senior receiving Section 8 assistance, he must also sign an agreement with the PHA. If Joe is able to pay back 2 weeks' rent arrears before the date of the court hearing, he'll only have 7 weeks of rent arrears. One of the biggest perks of renting to Section 8 tenants is having (70%) of your rent paid right on time each month. A Section 8 notice to quit, sometimes referred to as a Section 8 possession notice has to be completed and served correctly on the tenant(s) of the rental property, allowing the landlord to seek possession of the rental property from the tenant during the term of … Some people don’t have to wear one – check who doesn’t have to wear a mask or face covering on GOV.UK. Landlords need to specify in the notice the specific grounds they are using to seek possession of the property. The court might: You can check how to prepare if the court decides to arrange a hearing by phone or video call. Whether you can do this depends on the ground your landlord uses. Your landlord can only use 'ground 8' if you have arrears of at least: If you can reduce your rent arrears below these levels before the court hearing, your landlord won't be able to prove ground 8. a current Landlord Gas Safety Record (if the property has gas appliances installed). The amount of notice you get will depend on what grounds for possession your landlord has used. The amended form now makes it clear that court proceedings cannot begin earlier than six months from the date the notice is served except in certain serious cases. To help us improve GOV.UK, we’d like to know more about your visit today. It will take only 2 minutes to fill in. The court will send you the notice of review either: Your landlord should send you a copy of all the documents the court will look at – this is called the ‘bundle’. The amended form now makes it clear that court proceedings cannot begin earlier than six months from the date the notice is served except in certain serious cases. 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. You don’t need to go to court – but you should make sure you can talk on the phone. If you get a section 8 notice, it's the first step your landlord has to take to make you leave your home. Talk to an adviser to find out what legal advice you can get. Write your case number on the piece of paper – you can find your case number on the claim form. 10 months from the date it is given to the tenant, where Section 21(4D) applies; or. It’s a rental assistance program managed by the US Department of Housing and Urban Development (HUD) that provides the difference between a tenant’s contribution toward rent and the full rental … You should not alter the wording in these forms unless a form says you may do so. You can appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing. We strongly advise landlords not to commence or continue possession proceedings during this challenging time without a very good reason to do so. The tenancy was granted on or after 6 April 2007 or is a statutory periodic tenancy that arose on or after that date and the landlord has not complied with the relevant. The court might stop the eviction or award you compensation to lower any rent arrears you owe. This could make it harder for you to get help from your local council. 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. You should think about whether you have a good case to stay in your home if you go to court. This guidance does not address these less common forms of tenancy. This letter is called a ‘reactivation notice’ – you can check what to do if you get a reactivation notice. Lv 4. If the tenants do not leave the property by the date specified on the form as the date after which possession is required, the landlord can apply to the court, within the period for which the notice remains valid, for a possession order using either the standard possession process or the accelerated possession process. It's a good idea to show the court you've tried to lower your rent arrears. There are many advantages for landlords of multifamily properties to participate in the Section 8 housing program. The notice can be included with a final rent reminder letter. If your landlord started the claim after 3 August 2020, talk to an adviser. You should go to the possession hearing – it's your chance to put forward your case in court and give reasons why you should stay in your home. If a landlord wishes to collect a security deposit, he or she has to get this deposit directly from the tenant. Enforcement officers are also known as bailiffs. 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 can find out more or opt-out from some cookies. It sets out how landlords should give notice under those provisions and the forms they should use. 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. There are numerous benefits to registering for a free account with the Centralized Waiting List including: 1. If all of your grounds for possession are numbered 9-17, the court will decide whether they think it's reasonable for you to leave your home. Ground 8. You should send the defence form or what you've written back to the court within 14 days - the address will be on the form. They'll usually tell you their decision on the day of the hearing. Even if you have to leave your home, the court might give you more time to find somewhere else to live. Let us know, Copyright ©2021 Citizens Advice. The grounds for possession your landlord can use will depend on your situation. The property is other residential accommodation and requires a licence under Part 3 of the Housing Act 2004 S79 and that licence has not been obtained. The table below sets out how much notice a landlord needs to provide depending on which ground they use. You should check if your landlord has given you the right amount of notice. Landlords that participate in the Department of Housing and Urban Development’s (HUD) Section 8 program must follow strict rules, especially when requesting a rent increase. It should always be used in preference if possession is what you require. a possession order and/or a money order. Landlords need to specify on the notice the specific grounds they are using to seek possession of the property. The council has served an improvement notice or an emergency remedial notice in the last 6 months. This means if Joe's landlord can prove he is behind with his rent, the court will decide whether it's reasonable for him to be evicted. If your section 8 notice says your landlord is using 'ground 8' and the court accepts your landlord's case, you'll usually have to leave your home. The Table below illustrates the notice periods now required for the different grounds. Check if your section 21 notice is valid. They can talk to your landlord for you. The amount of rent not covered by the voucher, will need to be paid by the tenants. Your landlord might owe you money if they: The court is more likely to decide you can stay in your home if you can show you're dealing with your rent arrears and can afford to keep paying your rent. Renting to Section 8 families in my opinion is a 50/50 bet. Section 8 is a rent subsidy program funded by the U.S. Department of Housing and Urban Development (HUD) to enable low-income families to rent privately owned decent, safe and sanitary housing. The process takes time and sometimes the court can stop an eviction. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. Explain why you can’t go – for example because you have to self-isolate. The validity of Section 8 notices remains unchanged by the Coronavirus Act 2020. On the day of the hearing, you’ll also be able to contact the duty adviser – it doesn’t matter how much income you have. This is because grounds 9-17 are 'discretionary grounds'. During a tenancy with no fixed end date - known as a ‘periodic’ tenancy. Accepting Section 8 tenants is optional on the part of property owners. Landlords should thoroughly measure Section 8 pros and cons so as not to miss out on a potential source of rental revenue. If you think your landlord owes you money, you might be able to ask the court to use this money to lower your arrears. You won't have to leave your home straight away. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. If the case involves anti-social behaviour, and ground 14 or ground 7A is being relied upon, then the notice period for those grounds will apply even if other grounds are also being used. Landlords can apply to the court for a possession order if the tenants do not leave by the specified date. The court could delay the date you'll need to leave your home. You should also think about what your options are if you decide to leave. If you leave your home before the date on your section 8 notice, you could be considered 'intentionally homeless'. A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one of the grounds for possession apply. To give tenants a Section 8 notice that the landlord intends to seek possession using a ground in schedule 2 to the Housing Act 1988, a landlord must fill in Form 3 - … The Table below illustrates the notice periods now required for the different grounds. The Section 8 Program offers tenant-based assistance. Legal reasons for eviction are called 'grounds for possession' on the notice. If the notice expires at or after the end of the fixed term. Get legal advice on your situation. The purpose of this program is to grant housing choice vouchers to individuals who meet certain criteria. This means that the court has to accept your landlord's reasons if they can prove them. This means that the court has to accept your landlord's reasons if they can prove them. Legislation: Section 83, Housing Act 1985 / For grounds see Schedule 2 to the Act / Applicable to secure tenancies, Users: Local authorities and where tenancy granted pre-1988 Act, private registered providers of social housing. Rent is paid monthly and at least two months' rent is owed. If you've sent your defence form and you don't go to the hearing, the court could ignore it and just rely on the evidence your landlord has given them. The measures affect most residential possession processes, the chief processes being notices under: The measures also affect notices in relation to less common forms of tenancy under the 1988 and 1985 Acts, and notices under the Rent Act 1977. It is essential that we work together during these unprecedented times to keep each other safe. What types of tenant screening methods may be used by the PHA and/or landlord. The local Public Housing Authority will directly pay the subsidy amount to the qualifying property/landlord. Grounds 2 to 8 of a section 8 notice are mandatory, grounds 9-17 are discretionary, meaning that the court will not necessarily rule in the landlord’s favour even if he can prove that one of the grounds applies. The court will look first at whether they can make you leave your home using the mandatory grounds. For example if you’re being evicted for rent arrears, but the reason you got into rent arrears was because your learning difficulty made it hard to follow your landlord’s payment policy. If the court accepts your defence, they could decide to: You'll only be able to suspend a possession order if your landlord has used grounds 9-17. How the PHA makes rent payments to the landlord (e.g., by check or direct deposit). (See Section 81 and Schedule 29 of the Coronavirus Act 2020 as amended by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020). Well I am currently renting through the Housing Voucher program. If you don’t wear one, you won’t be allowed in the building. Before the review date, read the letters from the court and make sure you know how to contact the duty adviser on the review date. Section 8 Housing Rules - Before Lease Begins Screening Tenants: Landlords are solely responsible for choosing tenants. If you get a section 21 notice, don't ignore it. Where the landlord relies on multiple grounds (but not ground 2) the minimum notice required will be the higher of the notice periods relevant to those grounds. As with any other tenant, you should never allow a Section 8 tenant to move in without first collecting a security deposit from them. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. If you have struggled in the past … The possession hearing will be at least 4 weeks after the review date. If you alter the wording, the form may be invalidated. It is less than 4 months since the tenancy started. Bailiffs are employed by the court to help landlords get their property back. They might decide to let you stay in your home if you can show you can repay your arrears, for example. Your landlord can't go to court until after the date given on your section 8 notice. If the court needs more information, they might decide to hear the case on another day. The court will also send a letter telling you whether you have to leave your home. Another housing requirement for Section 8 housing is the landlord's agreement to participate in the program and receive the government-issued housing vouchers as payment. Find out if you can get help with legal costs at GOV.UK. The court will have to accept your landlord's grounds for possession before they decide whether you have to leave. You might be able to challenge the eviction. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home. To give tenants notice that the landlord intends to seek possession of a secure tenancy for a fixed term (that contains a provision which allows a landlord to bring it to an end before the fixed term expires), a landlord must fill in this form - ‘Part II Notice of Seeking Termination of Tenancy and Recovery of Possession under section 83 of the Housing Act 1985’. The court will then decide whether they accept your landlord's grounds and think it's reasonable for you to leave your home. Normally, you'll get at least 14 days' notice - you won't have to leave straight away. The most common reason for issuing a section 8 notice to quit is rent arrears and this is covered in grounds 8, 10 and 11. Joe pays his rent weekly and is 9 weeks behind with his rent. How Section 8 Works for Landlords. Landlords might encounter a variety of procedures and rules for: How landlords can apply and be approved to accept Section 8 residents if acceptance isn’t required by law. If you miss the deadline, you should still send it as soon as possible. This could be a type of discrimination called victimisation. You might be able to challenge your eviction and stay in your home. Issue a Section 21 or Section 8 notice with the date they want a tenant to leave Get a possession order from the court if a tenant stays beyond the date Ask the court for a … Where that is the case, the notice period associated with Ground 2 will apply even where any of the other grounds are also being 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. Registered charity number 279057 VAT number 726 0202 76 Company limited by guarantee. There are lots of reasons your landlord can use, for example if you: Your landlord could give you a section 21 notice as well as a section 8 notice. Section 8 is a breach of contract court procedure. Applicants may apply for a Section 8 housing voucher at any county or city housing authority office in their state, and although rules vary according to each authority, in general, residents of a particular area who receive a voucher from the jurisdiction in which they live may use the voucher anywhere in the country, but nonresidents of the jurisdiction must live in the jurisdiction that issues the voucher to … This is called starting a possession claim. You'll need to explain your situation in as much detail as you can. If Joe's landlord can prove he is at least 8 weeks behind with his rent when he got the notice and when he went to court, the court will have to order that he can be evicted. Non statutory guidance for landlords in the private and social rented sectors on the measures relating to notices seeking possession modified by the Coronavirus Act 2020. These reasons are known as 'grounds for possession'. Ask the court if you want to pay the court costs over a longer time - for example by making a smaller payment every month.
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