Get legal advice if you get a reactivation notice. You should always attend or let the court know if there's a very good reason why you can't. It’s generally only worth pursuing the s8 route as far as the courts in these circumstances if the tenancy has a long period left to run and perhaps where neighbours or other tenants are complaining. They don't need a legal reason to give you a section 21 notice but there are other rules they must follow. The court won't order eviction if your section 8 notice is invalid. Although they can consider these factors when deciding how soon to deal with your case. It is one of the most common reasons that landlords serve notices seeking possession and one of the biggest causes of stress to landlords and the neighbours who have to live next to an anti-social tenant. The hearing should only take about 15 minutes. In addition, the regulations will revert ground 14 (anti-social behaviour) back to the lengths required pre-pandemic namely, proceedings must not be commenced before the notice is served. However, the amendment that is of most interest is to Ground 14. Get legal advice on your situation. The recent amendments include a new ground relating to social housing and a ground applicable where tenants have been involved in riots. This is introduced by Section 98(2) of The Anti-social Behaviour, Crime and Policing Act 2014 which is now in force. By continuing to browse, you are agreeing to our use of cookies. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. PART 8: ANTI–SOCIAL BEHAVIOUR ACT 2003 ... • Registration of your complaint will not automatically result in a remedial notice being served. (3)Convicted for breaching a criminal behaviour order (CBO) (4)Convicted for breaching a noise abatement notice (5)The tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour Please note that the condition is not met if there is a pending appeal against the relevant convictions, finding or order. Get legal help to complete the defence form. The court has scheduled a review date for your case. an assured tenant If you have this tenancy type, your landlord may be able to use the section 21 eviction process instead or as well. The legislation says that a person is involved in antisocial behaviour if they: Legal reasons for eviction are called 'grounds for possession' on the notice. Print this Section. In the case of anti-social behaviour… antisocial behaviour at least 6 months' rent arrears. You will get several letters and forms from the court. Try to reduce your rent arrears below 2 months by the time of the hearing. Editorial Policy and Programme Legal Advice should normally be consulted. The defence form lets you tell the court why you shouldn’t be evicted. Mandatory Referral Your landlord has applied for a possession order. The grounds to serve a section 8 notice are found in Schedule 2 of the Housing Act 1988. They may delay court action if you can get back on track with your rent and pay off any arrears. Use this table to check the minimum notice periods if other grounds are used. Keep them together in a file. You should explain your situation and why a possession order should not be made. The government have published guidance on how to settle your hedge differences without involving the local authority. There may be other legal reasons for eviction with a section 8 notice. If your landlord can prove a ground, the judge could make: an outright order - which sets a date for possession, a suspended possession order - which allows you to stay in your home as long as you keep to conditions such as paying off arrears. Get legal advice before the hearing if you can. ažCTÓ(.Ö HÁ^Gôø菆¿)Ò54•¼fÙÌHãØøãÑfYšÆåÃ4“œ™¦‹Š|îX#{W_ž%yR°H2w:µj…æéËT+tF.«‰IÎØö¾æÉé|38…2qëF”¤«¢ÞG¨Œ(É×ÿbӄ¸6ã{ÏñÓÌçÀ73hÜ43c8ZS9Cˆg†;濃Ê'ÿðfð=‹ 1ðßüÇLV{Ít€šà—/ÿñô5‹j°úAž.6Á Section 8, also known as the Section 8 notice to quit or the Section 8 possession notice, is a prerequisite if the landlord of an assured tenancy wishes to obtain possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession. Most private renters have assured shorthold tenancies. †²8éåÅłåsÆ ‘yÆâ“Þ‹’"Í Âé&‰eùQž…kÞ( A section 8 notice is most commonly served on a tenant to seek for possession of the property where there has been a breach by the tenant of the tenants obligations. The process takes time and sometimes the court can stop an eviction. You should also include in full grounds on which you are basing your notice. Notes on Serving a Section 8 Notice and Court Procedure ... Nuisance, Noise and Anti-Social Behavior - Nuisance, noise, general anti-social behaviour and damages are contentious issues and notoriously difficult for a landlord to prove. Notices issued on or … HOUSING ACT 1988, Section 8 as amended by Section 151 of the Housing Act 1996, section 97 of the Anti-social Behaviour, Crime and Policing Act 2014, and section 41 of the Immigration Act 2016 and modified by section 81 of, and paragraph 6 of Schedule 29 to, the Coronavirus Act 2020."". You still need to read any letters from the court and attend the hearing if there is one. If you can't get help and don't know what to write, court guidance says you could send a short statement to the court instead. Follow any guidance from the court on arrival times, social distancing and face coverings. In the year ending March 2019, the Crime Survey for England and Wales5 estimated that 37.9% of those who had responded to the survey had experienced or witnessed anti-social behaviour in their local area (defined as within 15 The police’s own guidance states that Section 50 powers should not be used on protests. If you have received a ‘section 21’ or a ‘section 8’ notice from your landlord you should stay in your home. Notice Seeking Possession (‘Section 8’ Notice) You can serve a Notice Seeking Possession using a special form which should contain all of the legal information. You can't ask the court to stop the eviction at this stage if your landlord got an outright order on ground 8, even if you clear the arrears. The court must order eviction if your landlord can show that you had at least 2 months' arrears both: The judge won't be able to take coronavirus factors such as unemployment, furloughing or illness into account when they make an order. Evictions may still go ahead if the landlord has proved either: The courts will continue to process cases during lockdown. It could be invalid if it doesn't give you: a date after which court action can start, the grounds for possession, or explain why they are being used, Check what a section 8 notice looks like on GOV.UK. See 8.3.39 8.2.20 Any proposal to send someone to work as an You can only ask the court to stop the eviction at this stage if the order was made on a discretionary ground. © 2021 Shelter, the National Campaign for Homeless People Limited The notice of review tells you how to do this. For example, because of very high rent arrears or significant antisocial behaviour. Where possession is sought on the mandatory ground for anti-social behaviour, the notice period must be: 28 days in case of a weekly periodic secure tenancy; one month if the tenancy is for a fixed term. Section 8 and Anti Social Behaviour. It is used in England and Wales and is part of the Housing Act 1988. Interpretation of antisocial behaviour. No evictions by bailiffs will take place until after 31 May except in very limited circumstances. For example, if Ground 8 is used and you're still in at least 2 months’ arrears. You have 2 weeks to return it to the court. Cookies Shelter’s site uses cookies. A section 8 is a formal legal notice that informs the Tenant that should they fail to remedy the breech within X days [now 3 months due to The CoronaVirus Emergency Legislation 2020] you are eligible to ask the court to evict them and you may also seek compensation for loss. Your landlord can apply for a possession order once the notice period has ended. Ground 7A is an additional ground for possession when using Section 8 and it is a mandatory ground meaning that we only need to prove the case and a Judge must give us possession there is no discretion. We have different advice for council and housing association tenants facing eviction. A hearing will usually be at your local county court 4 weeks after the review date. A section 8 notice lapses a year after you're given it unless your landlord starts court action within this time. Notice before proceedings. Anti-social behaviour remains a significant and national problem. Your landlord has applied to restart the court process. 12.8 Where an SST is converted to a short SST on antisocial behaviour grounds and then converted back to an SST after a period of 12 months (18 months in cases where an extension applies), the provisions of the 2001 Act which were excluded by section 34(6) whilst the tenancy was a short SST, will then apply to the SST. Provided they have tried and exhausted all other avenues for resolving their hedge dispute, people are now able to take their complaint about a neighbour's evergreen hedge to their local authority. The rules have changed during the coronavirus outbreak. Before serving a section 8 notice, ... or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 and: ... A landlord has very little power over their tenants behaviour. 5. Company number: 1‌038133 Ground 7A was added to Section 8 of the Housing Act 1988 in 2014 having been introduced in the Anti-social Behaviour Crime and Policing Act 2014. Notes on Serving a Section 8 Notice and Court Procedure Section 8 ground 14 is discretionary. The judge will listen to both sides and either make a decision or say you have to come back for another hearing. The BBC reports crime and anti-social behaviour as a matter of public interest. Your landlord must set out what they know about the effect of the coronavirus pandemic on you and your household. Section 8.1. Read the claim form carefully. The above rules apply even if the notice lists other grounds in addition to anti-social behaviour. (See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.4-8.3.6) 8.3.17 Contact with escaped prisoners or people wanted by the police may constitute a criminal offence. Evicting the Perpetrator . Your notice will mention grounds 8, 10 or 11 if you're facing eviction for rent arrears. (See 8.3.40 ) The judge must make an outright order if your landlord proves a mandatory ground. Where a social tenant has an introductory or demoted tenancy (used by local authorities), for cases concerning anti-social behaviour (including rioting) and domestic abuse, a 4-week notice … Firstly, it will extend the period for which a six months possession notice is required in Wales (in most cases) to 31 March 2020. This table shows the main documents you should get before a court hearing. Find out what happens if the eviction goes ahead. Printiwch y rhan hon yn Gymraeg. The court has arranged a hearing for you to attend. Your landlord can apply for bailiffs if you: stay in your home past the date on an outright order, break the conditions in a suspended order. You will get a reactivation notice if your landlord applied for a possession order before 3 August 2020 and now wants to restart the court process. The court will look at the information you and your landlord provide at the hearing. Find out more, View our coronavirus (COVID-19) housing advice. Your notice might include the following grounds as well as ground 8: The court can decide if it's reasonable to order eviction if your landlord only uses these grounds or can't prove ground 8. For example, sudden and serious ill health. However, landlords should be cautious in including these grounds without having compelling evidence of anti-social behaviour and … (8) While a remedial notice has effect, the notice— (a) shall be a local land charge; and (b) shall be binding on every person who is for the time being an owner or occupier of the land specified in the notice as the land where the hedge in question is situated. Section 08 - Reporting Crime and Anti-Social Behaviour 5 8.4.2 In cases where potential law-breaking or civil disobedience form part of a current news story or public policy debate, editors must consider both their responsibility to reflect the debate or events fully and accurately and their duty With ground 14 there is no minimum notice period. Keep talking to your landlord. The bailiffs give you at least 2 weeks' notice of the eviction date. Look for any mistakes or anything you disagree with. Nuisance, noise, general anti-social behaviour and damages are contentious issues and notoriously difficult for a landlord to prove. If you are suspected of anti-social behaviour, the police can demand your details under Section 50. This brings it in line with England. Charity number: 263710 (England and Wales), SC002327 (Scotland). By sharing your story, you're helping spread the message of what we do so that we can help even more people. Page 7 of 154 SECTION 2 – Executive summary 14. They must also provide further information if they believe the court should prioritise your case for a review. Anti-social behaviour can come in many different forms including noise, threatening neighbours, damaging the property itself or neighbouring property or using the property as a brothel. 8.2.20 Any proposal to send someone to work as an undercover operative on an investigation into crime or serious anti-social behaviour must be referred to Editorial Policy. The Council has to weigh up each case on its merits, striking a ... to and registered by the Council under section 8 of the Anti-social Behaviour Act 2003. How much notice you're entitled to depends on when your landlord gave you notice. Previously, under Section 8 of the Housing Act 1988, if a notice seeking possession is served, relying on Ground 14 (Anti-social behaviour) then possession proceedings can be issued immediately upon service of the notice (unless Ground 7A is also being relied upon). Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy Housing Act 1988 section 8 as amended by section 151 of the Housing Act 1996 and section 97 of the Anti-social Behaviour, Crime and Policing Act 2014 • Please write clearly in black ink. +`Y°¸_%¶eýþ^úÙi²/×~Dô+]ûaR\È_›G. You will know if the Council has accepted a 88 Old Street, London, EC1V 9HU If you're unable to do this, you can get legal help from a court duty adviser on the day. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of … Your landlord could start court action as soon as they've given you notice. A section 8 notice is a landlord's first step towards ending either: To use a section 8 notice your landlord needs a legal reason for eviction which they must prove in court. The judge could dismiss the landlord’s claim if they decide that the ground doesn’t apply. 6 months - if less than 6 months' arrears, 17 - tenancy given because of a false statement. Rent arrears is the most common reason for a section 8 notice. For example, if: you can make an offer to repay rent arrears, you have a claim for compensation that will reduce any arrears. Check your notice to see if any other grounds are listed. For more information about the notice periods which need to be provided for anti-social behaviour under Section 8 of the Housing Act 1988 from 29 August 2020 please see Annex A. To use the ground, the usual section 8 notice is required to be served first and where the grounds are to be inserted in the form, ground “7A” can be inserted either in addition to other grounds contained in schedule 2 Housing Act 1988 or, on it’s own. They can use county court bailiffs or high court enforcement officers (HCEOs). Authorised and regulated by the Financial Conduct Authority, council and housing association tenants facing eviction, Get legal help to complete the defence form. For example, if the landlord can’t prove you’re in rent arrears. If your notice is related to anti-social behaviour or domestic violence, it will be for the amount of time set in law before the pandemic. They must include information about your rent payments for the last 2 years if they say you have arrears. At the time of writing, including anti-social behaviour grounds on a Section 8 notice will drastically reduce the notice period of a Section 8 notice. There are limits on how much you can be ordered to pay towards your landlord's legal costs. What is a section 8 notice? If the judge makes an order, you usually have to pay the court fees and some or all of your landlord’s legal costs. Section 143 of the Antisocial Behaviour (Scotland) Act 2004 sets out the interpretation of antisocial behaviour for the purposes of the Act (except parts 7 and 8). Read the guidance ‘Over the Garden Hedge’. In the most extreme cases landlords can apply to a court the same day as the notice is issued. A 'section 8 notice to quit', also known as a 'section 8 possession notice', is so called because it operates under section 8 of the Housing Act 1988. You will get a 'notice of possession hearing' from the court which tells you: how to get free legal help on the day from a duty adviser. between 24 July 2020 and 28 September 2020 – you are entitled to 6 months notice (unless you were given a ‘section 8’ notice on the grounds of anti-social behaviour in which case it is 3 months). A section 8 notice is a landlord's first step towards ending either: an assured shorthold tenant. A notice of review tells you the date your case will be reviewed by a judge. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. The court can't order eviction on ground 8 if you owe less than 2 months' rent. Only court bailiffs can evict you from your home. You still need to read any letters from the court and attend the hearing if there is one. ‹ ì½ùžÛƱ0úž¦¿#Ï$×ñ(W–åX'^ôYrœDÑч¥1„E Îh2žû»¯q_ï>É­ª^ÐØH΢ŒdK$^ª««këêê/?ûúLJÏþñä‘1/–‹û_â¿ÆÂ_žôتg„?ÏOz™±¤˜›¹¿ÊÍ8]F`®ÏMۙXÆ*5‹t΍zñ›eILzFä>´ä‡…9g‹%+NzÔA;ìAç̏î Ï}#œûYŽ6ElNzâé¼(Öìߛäì¤÷wóçæÃt¹ö‹$X0 º`+¨ñøÑ ‹N™¬³ò—ì¤w–°óušZ¹ó$*æ';KBfҏ¾‘¬’"ñfúvbC‹dõ They might still order eviction on another ground. Refusing to give your details is a criminal offence, and you can be arrested. (1) For the purposes of this Part a remedial notice is a notice— (a) issued by the relevant authority in respect of a complaint to which this Part applies; and (b) stating the matters mentioned in subsection (2). 8.2.19 Any proposal to undertake an investigation into crime or serious anti-social behaviour must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. The courts will continue to process cases during lockdown.