A landlord's fact sheet about how to raise a Section 8 Order against a problem tenant in the UK.

1. Landlords Guide to Dealing with a
Problem Tenant in the UK.
A landlord’s guide to raising a section 8
notice against a problem tenant.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord

2. Q. What is a Section 8 Notice?
A. A Notice Seeking Possession. A document that is the first step by a
landlord to recover possession of the property on the grounds that the
tenant has breached the tenancy, usually due to arrears of rent, even
(in most cases) if the fixed term has not expired.
The Notice has to be served at least 14 days before a possession claim
can be issued at court.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord

3. Q. Does the court have to make a possession
order in my favour?
A. A Notice Seeking Possession. A document that is the first step by a
landlord to recover possession of the property on the grounds that the
tenant has breached the tenancy, usually due to arrears of rent, even
(in most cases) if the fixed term has not expired.
The Notice has to be served at least 14 days before a possession claim
can be issued at court.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord

4. Mandatory Grounds
There are 8 grounds that a landlord can rely on with the main one being
rent arrears (Ground 8).
For the court to order possession under Ground 8 there must be two
months arrears (where rent
payable monthly), or 8-weeks arrears (where rent payable weekly) both at
the date of service
of the Section 8 Notice AND at the date of the hearing.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord

5. Q. Does “mandatory” mean the court has to
order possession?
A. A Notice Seeking Possession. A document that is the first step by a
landlord to recover possession of the property on the grounds that the
tenant has breached the tenancy, usually due to arrears of rent, even
(in most cases) if the fixed term has not expired.
The Notice has to be served at least 14 days before a possession claim
can be issued at court.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord

6. Discretionary Grounds
There are 10 grounds available to landlords but more often than not
Grounds 10 & 11 are relied
upon which involve rent arrears and inconsistent payment of rent.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord

7. Q. I assume that “discretionary” means that the
Judge does not have to make an order for
possession?
A. That’s right. If the Judge is satisfied that there are discretionary grounds
for possession the Judge will only make an order for possession if the
Judge believes that it is reasonable in the circumstances of the case to
make a possession order.
Such a decision will involve the Judge considering all of the
circumstances of the landlord and of the tenant including financial,
professional, social and other factors such as perceived hardship,
whether either party would suffer if an order was made or refused, the
conduct of the parties and public interest.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord

8. Q. So what options does a Judge have other
than to make or refuse an order for
possession?
A. If possession is sought under a discretionary ground the Judge has
unlimited discretion to adjourn a claim, postpone any order for
possession (for any length of time e.g. possibly more than 42-days), stay
the claim (stop the proceedings) or to suspend an order for possession
whereby the tenant is permitted to stay in the property on conditions
that terms of payment are complied with.
It is vital that landlords are aware of these court powers before
proceeding with any court hearing as there are important implications
upon the ability to enforce any order for possession made on
these grounds.
http://www.lpc-landlord.co.uk Bought to You by LPC Landlord