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Repossession of house under S8

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Mistyglaze
Mistyglaze Posts: 5 Forumite
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edited 13 August 2018 at 3:02PM in House buying, renting & selling
Hi all,
Due to a change in circumstances, I would like to return to my property that I have been renting out.
I have contacted the estate agents and they said I can serve a s8 notice, but after reviewing posts on this forum I'm unsure whether that is correct.
Any advice would be gratefully received.
Misty
«1

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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Then it!!!8217;s in fixed term, which is why you can!!!8217;t use s.21.

    Now s.8 is discretionary grounds; you don!!!8217;t have any from what you e written.

    So then no you cannot evict your tenants- and depending on how long is left on the fixed term it could be 6-12 months.
  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
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    Try to remember, you own the house, but it's someone else's home, and that's what the law is protecting. It's unreasonable to expect that, if you have signed a contract to let a house out for 6 months to be someone else's home, you can go back to it. Have you considered renting nearby>

    One certainty - you can't serve Section 8 notice for the reasons above. Suprised (but not overly) that your EA couldn't even find it in themselves to do a two minute google search on what a section 8 notice is before advising you.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    If you have signed a fix term tenancy and there is no break clause you cannot get the property back until after the 6 months has finished. You will have to rent somewhere yourself.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 11 August 2018 at 1:07AM
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    Mistyglaze wrote: »
    ......I'm unsure whether the tenancy is in fixed term as we have been extending it by 6m at a time.
    This makes no sense.

    a) how can you possibly be self-managing your tenancy and not know what kind of tenancy it is?
    b) if you have " been extending it by 6m at a time" (I assume - '6 months'?), then it must be in a fixed term.

    1) when did you last extend the tenancy? What was the start date and was it for exactly 6 months?

    You can serve a S21 Notice now to end the tenancy on/after the expiry date of the current fixed term. Make sure the S21 Notice is correct/valid though as it's easy to get wrong. See
    S21 checklist (Is a S21 valid?)

    2) you can serve a S8 Notice at any time, based on one (or more) of the 17 'grounds' - ie reasons for eviction during a fixed term. See the list here:
    Schedule 2 (17 S8 Grounds a LL can use)

    See also:

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 12 August 2018 at 5:40AM
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    You are looking at ground 1 yes?
    (Schedule 2 (17 S8 Grounds a LL can use)

    But you have not quoted it in full:
    Ground 1

    Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case);

    (a)at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

    (b)the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as [F1his, his spouse's or his civil partner's] only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money's worth.
    So

    1) I suspect you actually wish to use a) above, not b) (unless you derived Title from a previous landlord)

    2) you can only rely on a) or b) above if you complied with the section I've underlined.

    3) if you did not comply with that, the court has some discretion ("the court is of the opinion that it is just and equitable") but to be honest it is very rare for that to happen.
  • haras_nosirrah
    haras_nosirrah Posts: 2,208 Forumite
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    Rent somewhere yourself for 6 months and give notice for them to move out 25th Jan. No one is going to move out on Christmas day and I think it would be unreasonable to expect them to do so.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Marvel1
    Marvel1 Posts: 7,172 Forumite
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    haras_nosirrah wrote: »
    Rent somewhere yourself for 6 months and give notice for them to move out 25th Jan. No one is going to move out on Christmas day and I think it would be unreasonable to expect them to do so.

    However the tenets could stay after whatever notice OP gives as only a court can evict.

    OP runs the risk of double rent but giving notice to their landlord if they don't leave themselves.

    http://www.legislation.gov.uk/apgb/Geo2/11/19/section/18

    https://www.landlordlawblog.co.uk/2009/12/01/ancient-law-may-help-landlords/
  • unforeseen
    unforeseen Posts: 7,280 Forumite
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    Mistyglaze wrote: »
    This is a sticky situation isn't it. I am fully appreciative that no one would move out on Christmas Day, nor would I insist upon them doing that. I'm not a monster!

    I'm glad I put this on here as I am wondering about the quality of the professional advice I have received.

    So if a s8 does not apply, because I didn't give them that prior warning (as this was not the intention) before they moved in), am I able to give them a s21 notice that has the rest of their tenancy as notice (or a notice that I won't be extending the agreement) in the hope that they would likely want to be moved and settled before Christmas?

    NB I don't think they would find it difficult to find a new place to live, there are two properties round the corner both in much better condition (new builds) for slightly less money than they are paying now.
    Rent one of those and leave the tenant where they are?
  • Marvel1
    Marvel1 Posts: 7,172 Forumite
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    Mistyglaze wrote: »
    NB I don't think they would find it difficult to find a new place to live, there are two properties round the corner both in much better condition (new builds) for slightly less money than they are paying now.

    Let's say you issue 2 months notice, tenant straight away finds the above and is accepted, can move within 2 weeks (never know maybe possible), would you allow them to leave earlier without paying further rent up until X date?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Mistyglaze wrote: »
    I'm not sure how this info would help you form advice but yes, of course, that would be ideal as I have one months notice where I am.

    Because the tenant doesn’t have to leave as you know- so being flexible is a good bargaining tool for many tenants.
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