Once you have issued the Section 8 Notice to your tenant, you are required to wait until the notice has expired - this is the date given on the notice. If the tenant has not vacated the flat or house, or paid up any rent arrears by this point, then it will be necessary to start court possession proceedings. This is done by obtaining the appropriate forms from your local court (forms N5 and N119) and payment of the appropriate court fee.
The Housing Act 1988 as amended by the Housing Act 1996 lays down certain circumstances under which you may successfully apply to the court for possession.
The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if you are able to prove breach of contract, and discretionary, where the court can decide one way or the other.
These grounds for possession apply to tenancies entered into after 15 January 1989. The terms of your tenancy agreement must make provision for termination on these grounds.
If you require any further information or advice concerning court possession proceedings then fill in the form below. Our partners at Landlord Assist will contact you to see how they can help. Your initial consultation is free.
