My daughter wants to rent a property and has been sent the AST. It includes a ‘Notice of Grounds for Possession’ on the basis of Grounds 1 and 2 of Schedule 2 of the Housing Act 1988.
Basically, that’s the landlord moving back to a property they previously lived in, or wanting to sell.
I haven’t used Section 8 notices before, but it seems to me that this makes my daughter’s position a bit precarious, as I understand an eviction notice could be served during the Fixed Term period - is that correct?
Should she avoid/ look for a property without this?
Hi @Di_S, Yes this is common. To use, e.g. Ground 1, the landlord must make clear that the property was once their principal home and that they can therefore use that ground for a section 8 eviction during the tenancy. More info here:
But does every landlord who might EVER want to use it put it in their agreements, or just those that are perhaps already thinking about using it, do you reckon?
Am I right in thinking it can be used i.e. notice given, during the Fixed Term of an AST?
So a tenant could be served it within weeks of arriving in a property, in a worst case scenario?
If I were advising a landlord, I would always tell them to include this in their tenancy agreements if possible, just so they can use it if they suddenly need to live in their property again.
Yes section 8 can be used within the fixed term.
I think that in theory, yes. But wouldn’t be unusual to take more than six months from serving notice to the landlord to actually be able to reposses the property