If you're going to be homeless after the eviction, it's possible the council will have to rehouse you. If you can't persuade your landlord to let you stay, you might be able to persuade the court to stop the eviction if either of the following applies: you can now pay your rent and arrears.
As with housing association or council tenants, private tenants can be evicted due to anti-social behaviour, especially if your tenancy agreement sets out nuisance or annoyance to neighbours as reasons to evict.
A Section 8 notice (also known as a Notice to Quit) is served when a tenant has breached their contract and therefore the landlord has grounds for possession. A Section 21 notice (also known as a Notice of Possession) can not be served in the first 4 months of a tenancy (or any subsequent renewal).
The Section 8 program is named for Section 8 of the United States Housing Act of 1937. The original program, established by the Housing and Community Development Act of 1974 (P.L. 93-383), consisted of three parts: new construction, substantial rehabilitation, and existing housing certificates.
You won't need to leave before your fixed term ends - unless there's a break clause. For example if you get a section 21 notice 4 months into a 12-month fixed term, you won't have to leave until the fixed term ends.
The section 8 should clearly state the tenant(s) name, the address of the rental property and the landlord's name. Minor clerical errors do not usually invalidate the notice if it is reasonably clear who the notice is for. The notice should then clearly state on what ground(s) possession is sought.
Extra requirements were introduced whereby a section 21 notice (two months no fault notice) could not be served unless an Energy Performance Certificate (EPC), gas safety check certificate and the government's How to Rent Guide had been served on the tenant.
Check what notice you need to give when you have a periodic tenancy. If you don't live with your landlord. 1 month's notice if your tenancy runs from month to month. 4 weeks' notice if your tenancy runs from week to week.
Section 8 was a category of discharge from the United States military, used for a service member judged mentally unfit for service.
Giving tenants a Section 21 noticeYou can also write your own Section 21 notice. In Wales, you must explain in writing that you are serving an eviction notice under Section 21 of the Housing Act 1998.
Ground 17 – false statements, can be used where it can be proven that a landlord or agent was induced to grant a tenancy by a false statement made knowingly or recklessly by the tenant, or someone acting on her behalf. Was the statement fundamental to the granting of the tenancy.
A section 21 notice gets its name from the section of the Act of Parliament that created it. You may also hear it called an 'eviction notice', a 'notice to quit' or a 'notice seeking possession'. Using a section 21 notice means a landlord doesn't have to give any reason for asking you to leave.
If granted, possession is usually ordered for 14 days later. The tenant may not have been at court and will be written to anyway. Whichever procedure you use, you take the case to court to get the possession order. The court writes to the tenant to order them to leave.
- Mandatory grounds for possession.
- Ground 1 – Owner occupation (prior notice ground)
- Ground 2 – Repossession by lender (prior notice ground)
- Ground 3 – Out of season holiday let (prior notice ground)
- Ground 4 – Lets to students by educational institutions (prior notice ground)
You should check that the notice to quit or notice seeking possession meets the right legal requirements. For example, it might need to contain certain information. If the notice isn't correct, this could stop or delay your landlord from taking further action.
A notice of intention to seek possession for use by a local authority landlord of a secure tenant as required by section 83 of the Housing Act 1985 based on the notice contained in the Schedule to the Secure Tenancies (Notices) Regulations 1987 (SI 1987/755).
Enforcing the possession order in the county courtThe landlord can seek to enforce a possession order by requesting the court to issue a warrant of possession. This can occur if the: tenant fails to comply with an outright possession order requiring them to leave the property on a date set by the court.
Legal advice: How to recover rent arrears
- 1 FIND OUT WHAT'S GONE WRONG. Make contact with the tenant as soon as possible following the missed payment.
- 2 RECORD EVERYTHING.
- 3 GIVE NOTICE.
- 4 CHECK THE TENANT'S FINANCIAL SITUATION.
- 5 OFFER SOLUTIONS.
- 6 KEEP TRACK OF PAYMENTS.
- 7 RECOGNISE WHEN IT'S TIME TO TAKE LEGAL ACTION.
- 8 SPEAK TO THE GUARANTOR.
Notice Requirements for California LandlordsA landlord can simply give you a written notice to move, allowing you 30 days (60 days if you've lived in the rental a year or more) as required by California law and specifying the date on which your tenancy will end.
The most common reasons for losing your Section 8 voucher are:
- Breaking any of the program's family obligations.
- Criminal activity or alcohol abuse.
- Violent criminal activity,
- Drug-related criminal activity,
- Not paying rent on time,
- Not keeping utilities like gas, electric, or water on in the unit,
In order to appeal the decision made by the housing authority, a certiorari action (through a petition or summons and complaint) should be filed in Circuit Court within 30 days of the date you receive the hearing decision.
The Section 8 Housing Choice Voucher program is a form of government rent assistance. If they are approved, selected and then find an apartment or house with the voucher, their local housing authority starts sending payments directly to landlords. The payments cover some or all of the voucher holder's rent.
The lease is a legally binding contract between the owner and the tenant. The regulations governing HUD's various multifamily housing programs state that owners must use leases that are in an acceptable form to HUD. The HUD model leases do not apply to cooperatives. Cooperative members should use occupancy agreements.
Housing and Urban Development, or HUD housing, is also known as project based Section 8. HUD housing is multifamily complexes that are privately owned and subsidized by the federal government. HUD inspections occur regularly to ensure housing quality and tenant income must be certified annually.
If your name appears, call (800) 697-6967 for more information. You should provide your FHA case number, if you know it. I recently was contacted by someone who said that HUD owes me money and he could get it for me.
You will lose your assistance when your income rises to the point that your portion of the rent matches or exceeds the full amount of the rent, or if you are terminated from the program for violating the rules.
