28), Authority to Issue Notices of Deficiency or Execute Agreements to Rescind Notices of Deficiency. This question was considered by the Court of Appeal in the recent case of Prempeh v Lakhany . “A statutory notice is to be interpreted in accordance with Mannai…, that is to say, as it would be understood by a reasonable recipient reading it in context. Invalid Section 21 Notice for Gas Safety Certificate failure Share Richard Cherry considers the important decision of HHJ Luba QC in Caridon Property Limited v Monty Shooltz, unreported, on the failure to serve a Gas Safety Certificate on the tenant before the start of the Assured Shorthold Tenant. The notice at paragraph 4 only states the arrears at the date of service. It was because this assertion was omitted that the court concluded that the notice on Ground 8 was invalid. The deposit must be protected and the prescribed information must be served within 30 days o… Your information is transferred and stored securely at all times. Section 21 or Section 8, deciding which eviction action to take. Marveen has made regular appearances on Money Box for Radio 4 and Watchdog where she endeavoured to balance the one sided view of letting agents that can be presented by the media, as well as disseminating information to enable landlords to act in a more professional capacity. Whilst working for PainSmith he completed the Legal Practice Course at weekends completed a training contract at the firm and has been taken on by the firm as a fully qualified Solicitor. You’ll need to deal with it as well as your section 21 notice - and the steps are different. Enter your email address to subscribe to this blog and receive notifications of new posts by email. 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. However…the recent Court of Appeal case of Pease v Carter and others 2020 may still allow you to gain possession of your property. In the past 12 months alone David has assisted over 200 hundred flat owners to either purchase their freehold or extend their lease. It could be invalid if it doesn't give you: the right amount of notice; 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 It is possible to serve both notices at the same time. This case is unlikely to be a catch all to save landlords when the wrong dates have been entered in section 8 and section 21 notices (statutory notices). This article examines the new notice periods and procedural issues for landlords who are seeking to gain possession of a ... Landlords; will failing to include your name and address on a section 8 notice render it invalid? (01420) 562782 This website uses cookies to improve your experience. Here are 4 tips to make sure you avoid serving an invalid notice. The Court of Appeal allowed the landlord’s appeal and found the notices were valid. Prior to joining PainSmith five years ago he was a Partner in a West London practice. Site by Drive Creative Studio. The tenant has failed to pay more than 8 weeks rent in the case of weekly payments, 2 months in the case of monthly payments or 1 quarter in the case of quarterly payments. Where agents are using notices which they keep on their computer system care needs to be taken that these have not been amended from the correct “standard” version. It is called a Section 8 notice because the requirement for the landlord to serve notice in the prescribed way is a provision of Section 8 of the Housing Act 1988. The covering letters, which accompanied the notices supported the above interpretation. Unlike a “notice to quit”, a “notice to seek possession” is a very tenant fault eviction. In the previous section 8, (which was amended in April 2015) in making reference to the section 21 (so hardly a relevant change), the section just before the questions are asked, says ‘There is no prescribed form for these cases, but you must give notice in writing’. 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."" The court examined 2 previous cases and decided that it did not and in fact the notice was invalid in respect of Ground 8. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST). But there are potential drawbacks. Who we are This involves considering the purpose of those requirements. David Whitney is a solicitor and mediator. In reaching its decision, the Court of Appeal confirmed that the reasonable recipient test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd 1997, also applies to section 8 notices. She has the experience and knowledge to confidently handle her own caseload across a range of property matters and uses her understanding of business to ensure that she produces practical commercial solutions to client’s problems. A no fault eviction would act in the exact opposite way, so it’s invalid. The leading judgment in Pease from Lord Justice Underhill,  applied the test in Mannai and concluded the following: In Pease; “The reasonable recipient would conclude that the person who typed the Notices had mistakenly typed ‘7’ rather than ‘8’… and would have no reason to think that the day or month were erroneous.”. Continue on a separate sheet if necessary. New regulations prevent you from serving a section 21 notice if the legal requirements haven’t been complied with. Sian has an in-depth knowledge of possession proceedings and debt recovery. It did not contain the assertion that rent was lawfully due or owed at the date of the hearing. Registered No. After receiving considerable training provided by PainSmith, Richard joined the legal helpline and has been one of the advisers on the helpline for over four years. A Section 8 Notice is used in England & Wales by landlords to gain possession of a property that is let under an assured shorthold tenancy (AST). We’d love to keep in touch with you! Notices should therefore always be double checked before they are sent out and where there is any doubt legal advice sought prior to sending the notice. This year, Laura also completed the Legal Practice Course. Marveen was the first person to establish a legal helpline for landlords and agents; and to offer both standard and bespoke documents designed specifically for the lettings industry. Landlords must ensure that the dates entered in section 8 and section 21 notices are correct, to ensure that there can be no argument regarding the validity of the notice. A section 21 notice could be invalid if you got it after making a written complaint to your landlord about conditions in your home. It remains necessary to consider whether, so interpreted, the notice complies with the relevant statutory requirements. 4 tips for landlords Similarly, in Clickex v McCann (1999) 32 HLR 6324, a section 20 notice stated that a tenancy was to run from 21st December 1995 but the landlord then altered the tenancy agreement so as to commence on 8th January 1996. The court examined 2 previous cases and decided that it did not and in fact the notice was invalid in respect of Ground 8. For more information please see our Privacy Policy and Cookies. Had the landlord entered a date less than the requisite period, then it is likely that the outcome would have upheld an invalid section 8 notice. Rather than stating that court proceedings would not begin until after 26 November 2018, the notices stated the wrong year; 2017. The notice served by ‘Remove a Tenant’ (RaT) set out some of the text of Form 3 but omitted the words highlighted in bold above. A S8 notice is required only to terminate an assured shorthold tenancyand is not appropriate for other types of letting agreement such … However, whether this was an administrative error or due to a lack of training the consequences for landlords can be costly. The solution in such a case is to serve a Section 8 Notice citing both the non-payment of rent and the failure to comply with the tenancy term for access. Notice Period Different section 8 grounds have different notice periods and it is important that you adhere to the notice periods to ensure that your notice is valid. She has been praised for her ability to quickly understand her clients’ objectives and for offering commercial, pragmatic advice in a straightforward manner. He is experienced in lengthy and complex litigation and settlement negotiations. You might be able to challenge your eviction and stay longer in your home. Order) 4-8 in IRM 1.2.2.5.8, Delegation Order 4-8 (Rev. There is always a temptation to use section 8 because the shorter notice period (usually 2 weeks) is much quicker to court than the alternative – section 21. Indeed, there is little excuse for this type of mistake as the government provides a completely accurate form of section 8 notice for anyone to download. What we do We'll assume you're ok with this, but you can opt-out if you wish. A Section 8 (S8) notice is a written statement from the landlord to the tenant that he or she wishes to regain vacant possession of the property. David also sits as a fee-paid Judge of the First Tier Tribunal (Property Chamber) on the Southern Region and as a member of its mediation panel. It did not contain the assertion that rent was lawfully due or owed at the date of the hearing. In many cases we will serve both Section 8 and Section 21 notices at Step1 and then act with the one that’s going to work best as circumstances change later. Prior to joining PainSmith Solicitors, Laura worked for a local council. Providing focused, practical and pragmatic advice for clients and contacts impacted by Coronavirus. Privacy Policy If your section 8 notice is valid, your landlord will need to go to court to evict you. Many agents are very familiar with the wording of Section 8 and Section 21 notices and indeed many have received training to ensure that errors like this are not made. This is so even if the error relates to information inserted into or omitted from the form, and not to wording used instead of the prescribed language.”. 1. You might get a section 8 notice if you have rent arrears, for example. Leigh Creek Energy Ltd (ASX: LCK) (“the Company”) advises that following a careful review and consideration of the documents delivered to the company to requisition a meeting of shareholders under Section 249D of the Corporations Act (see ASX announcement dated the th June 2017) (“Notice”) the Directors have 6 Section 8 Notice to Seek Possession. This will be a welcome read to landlords, however a word of caution; in the case of Pease the landlord complied with the requisite 2 week period when entering the date, but had mistakenly entered a 7 instead of an 8. If there is an error, this can lead to arguments regarding validity, which in turn can lead to unnecessary delays in gaining possession. Marveen Smith was one of the founders of PainSmith Solicitors in 2001 and has been the only Principal of PainSmith Solicitors a niche firm who are specialists in property law since 2006. The rules about the notice are set out in section 8 of the Housing Act 1988 – which is why its called a section 8 notice. Although it results in a court hearing rather than a possession order as of right with a Section 21 Notice, if it’s reasonable to order possession the landlord will still get what they want. The Chancellor has this afternoon announced that the Coronavirus Job Retention Scheme (CJRS), or “the furlough scheme”, will ... Privacy Policy Even if a notice, properly interpreted, does not precisely comply with the statutory requirements, it may be possible to conclude that it is ‘substantially to the same effect’ as a prescribed form if it nevertheless fulfils the statutory purpose. 07617210. If an invalid section 42 notice under the LRHUDA 1993 is served, how soon can a further notice be served? It depends on the reason your landlord is using to try to make you leave. The most frequent reason for Section 8 notice is fallen into rent arrears or non-payments . As a rule of thumb where the ground you are relying on is fault based the notice period is usually 2 weeks with a few exceptions. A lease will often provide for the rent to be reviewed at regular periods and may prescribe that the rent review process is started by the service of a notice by the landlord. It is often easier to serve a Section 21, even if the tenant is in arrears, as the process for a Section 8 can be costly and any grounds you give can be contested by the tenant in court. There are three common scenarios when the section 8 is used. In this post we will concentrate on the second ground of appeal which is whether the notice seeking possession under Ground 8 is invalid. This form should be used by a landlord or a tenant who has been served with form 1 (notice under Section 6(2) of the Housing Act 1988), varying the terms of a statutory periodic tenancy. Sian will commence her LPC in September 2016. It was held that the notice was invalid because the words would be a source of “perplexity” to the recipient. The Section 8 Housing Choice Voucher program is a form of government rent assistance. Landlords, if you’ve served a section 8 notice on your tenant and the date is wrong, you might be concerned that this makes it an invalid section 8 notice. Section 8 of Housing Act is responsible for tenant’s eviction in case of breaching tenancy agreement. Unfortunately, for the landlord a further hearing was set for the claim to proceed on the basis of discretionary grounds 10 and 11. This is the second post on the case of Kassam v Gill. Find out what its like to work for Kitsons, Business Dispute Resolution, Mediation & Litigation, Company Formations & Company Secretarial Services, A smarter way to resolve commercial disputes, Personal Dispute Resolution, Mediation & Litigation, Prempeh v Lakhany 2020: Section 8 Notice Validity, Landlords: An update on giving notice of seeking possession, Guidance for the extended Coronavirus Job Retention Scheme (CJRS). We never share your information with any third parties. The House of Lords held that the notices were valid because a reasonable recipient with knowledge of the terms of the leases would have been in no doubt that the tenant wished to determine the tenancy on the correct date. Emma is also able to draft up to date tenancy documentation, being fully conversant with all relevant requirements and guidance that applies to this heavily regulated and changing area. 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