Latest news with #HousingAct1988
Time Business News
09-08-2025
- General
- Time Business News
What is Section 8 Notice Rent Arrears?
If you're a landlord or tenant dealing with unpaid rent balance, you need to know what is Section 8 notice rent arrears. The Section 8 notice is a formal written notice served under the Housing Act 1988 that allows landlords to start the legal process of seeking possession of a property when tenants fall behind on rent payments. This article explains the notice, the process and what you need to know to protect your interests. A Section 8 notice is a legal document used to notify a tenant that a ground exists for eviction under the Property Act due to breaches of the tenancy agreement. Most often it's used for serious rent arrears but can also apply to other tenancy breaches, including antisocial behaviour. The notice applies primarily to assured shorthold tenancies (ASTs), the most common type of tenancy agreement in England and Wales. Unlike a Section 21 notice, which doesn't require fault, a Section 8 must cite specific grounds for possession. There are mandatory grounds and discretionary grounds under the Housing Act that allow a landlord to evict tenants : Ground 8 (Mandatory Grounds): This is used when at least 2 months' rent is owed and when the notice is served and at the court hearing. The court must grant a possession order if this ground applies. This is used when at least 2 months' rent is owed and when the notice is served and at the court hearing. The court must grant a possession order if this ground applies. Ground 10 (Discretionary Grounds): Applied when some rent is owed, but the court has discretion to consider your circumstances. Applied when some rent is owed, but the court has discretion to consider your circumstances. Ground 11 (Discretionary Grounds): For cases where rent is regularly late, even if no arrears exist. Landlords can serve a Section 8 notice citing more than one ground in a single claim form when seeking possession. To be valid, the 8 notice must be served in the prescribed form. It must include: The grounds for possession, The amount of arrears, The notice period is around 2 weeks for arrears cases. The date by which you must pay rent or leave. The date version of the notice is important. Serving the wrong version or details that are incorrect can invalidate the notice. Once served, you have the chance to clear the arrears or negotiate a payment plan. Ignoring the notice can lead to a possession claim in the county the landlord goes to court, a hearing will be set. At this hearing the judge will decide whether a possession order should be made based on the evidence and the grounds for possession. If the court grants possession, the notice period ends with a court order requiring you to leave by a certain date. Failure to comply can lead to bailiff enforcement. You can get free legal advice or debt advice to help you understand the process. If you receive benefits or have a complex situation, such as immigration status concerns, the court may consider these factors under discretionary grounds. The Renters' Rights Bill and other protections may offer options such as a suspended possession order or breathing space to help you avoid eviction. Landlords must ensure the Section 8 notice is served correctly and that sufficient arrears of the rent exist before starting proceedings. Keeping detailed and accurate records of rent owed and rent payments is key. Offering tenants the chance to pay weekly or negotiate can help avoid court action. Sometimes, working with tenants on a payment plan or mediation can resolve the issue without the need to evict the tenant. This saves time and expense for both parties. If you're served a Section 8 notice, act quickly. Don't wait for the notice period to expire without addressing the issue. Get legal help early to understand your options and possibly avoid eviction. Grant Saw Solicitors is highly recommended for both landlords and tenants seeking expert advice on section 8 notices due to rent arrears. As a landlord, follow the correct procedures and consider the tenant's circumstances before rushing to court. Knowing what a Section 8 notice for rent arrears is will help you handle this serious situation with ease and confidence. TIME BUSINESS NEWS
The Journal
24-06-2025
- Politics
- The Journal
Ombudsman 'exasperated' over repeated warnings on lifelong impact homelessness can have on children
LAST UPDATE | 1 hr ago THE OMBUDSMAN FOR Children is expected to tell an Oireachtas committee this morning that the impact of homelessness and unstable living conditions on children is 'catastrophic'. Dr Niall Muldoon and other members of the Ombudsman for Children's Office (OCO) will appear before the Oireachtas Housing Committee later this afternoon, alongside the Dublin Region Homelessness Executive and Westmeath County Council. Muldoon will tell TDs and Senators that it is 'exasperating' to have to repeatedly warn of the serious impacts of homelessness on children amid the ongoing housing crisis. He will say that the OCO has been raising many of the same issues that are impacting children's lives and preventing them from fully enjoying their lives over the last 20 years, with child homelessness having grown 'exponentially' in the last ten years. 'As Ombudsman for Children I have made recommendations, met with Ministers and officials, but still every month the number of children who are living in homeless accommodation continues to grow,' Muldoon will say. 'Housing has been identified by the Taoiseach as the 'number one issue' for the current government, and so it should be,' he will tell the committee. Advertisement 'The trouble is that the seriousness of the housing situation has been known for almost a decade now, and because of its longevity the effects have rippled across all of our society. Children however have borne the biggest brunt of the ongoing crisis and we cannot forget that.' Muldoon will say that the move away from local authority housing during the economic crash in 2008 has led to a situation now where 'we are consistently failing more and more children and families who are falling into homelessness'. He will highlight the 2019 No Place Like Home report, which featured children's views and experiences of homelessness and recommended that the Housing Act 1988 be amended to place a statutory duty on local authorities to ensure the best interests of the child is at the centre of decision-making when supporting homeless families. The report also recommended that capital investment in, and output of social and affordable housing be 'significantly increased'. 'These recommendations were reflected in the 2019 report from Joint Oireachtas Committee on Housing, yet we have seen little or no progress,' Muldoon will say. He will call for the Government to introduce 'bold brave measures' to address 'what is a crisis of epic proportions for children in Ireland'. I know it is not a simple problem to solve but it must be done. 'Until children are considered in their own right, and their specific circumstances addressed, it will be difficult to make significant progress.' According to the latest figures from the Department of Housing, 4,775 children were among a record 15,580 people living in emergency accommodation in the State in April. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Yahoo
14-02-2025
- Business
- Yahoo
Labour's war on landlords triggers record wave of evictions
Eviction claims by private landlords have reached a record high as owners race to reclaim their properties ahead of Labour's rental reforms. The Government aims to ban 'no-fault' evictions next year as part of its Renters' Rights Bill, which will also make it harder for landlords to increase rents. The move has sparked panic among property investors, with the number of possession claims by private landlords surpassing 30,000 for the first time ever in 2024. The data, from HM Courts & Tribunals Service, also shows that during Labour's first three months in power, the number of claims by private landlords hit 7,781 – their highest quarterly total since records began in 2009. The Renters' Rights Bill, which is being spearheaded by housing secretary, Angela Rayner, is set to become law by this summer. It was designed in response to the Conservative government's Renters Reform Bill which did not pass into law before Parliament was dissolved. Both pieces of legislature sought to ban so-called 'no-fault' evictions which aim to make it harder for landlords to take their properties back from tenants. The number of successful 'no-fault' evictions soared 20.3pc in England between 2023 and 2024 to their highest tally since 2017. Landlords can apply for a possession order if the tenant has broken the terms of the rental agreement. This could be the result of excessive arrears, causing damage to the property or engaging in anti-social behaviour. Most successful actions in court used to result in a suspended order, where the judge rules the tenant can remain under certain conditions. But outright orders – which impose a date when the home must be vacated, usually between 2 weeks and a month of the hearing – have surged. They have become more common every year from 2006 onwards, and since the pandemic, they make up roughly eight in 10 of all orders. 58,932 were issued by county courts in Britain in 2024, the highest annual total since 2017. Only when such orders aren't respected can private landlords apply for bailiffs to evict the tenant. This occurred 9,012 times in England last year – more than any other year going back to 2000. Again, the surge came just after Sir Keir Starmer entered Number 10. The 2,373 evictions between July and September 2024 topped any other quarter on record. But landlords also currently have recourse to Section 21 of the Housing Act 1988, which allows them to push for an earlier move-out date without having to supply a reason. When such notices are valid and the date isn't respected, they can apply for accelerated possession orders which can see forced eviction through much quicker. English courts received 32,287 accelerated procedure claims by landlords in 2024, more than during any other year since 2016. These resulted in 11,373 evictions. Average asking rents hit £1,369 in England by the end of 2024 – having risen by an all-time record high 9.3pc over the year to November, according to the Office for National Statistics (ONS). But in the capital, just under a year since they crossed £2,000 for the first time, the equivalent increase was 11.6pc, pushing the average to £2,220. Of the top 10 local authorities where the rate of private landlord possession claims were highest, seven were in London. Waltham Forrest led the way with 762 per 100,000 households. Asking rents in the borough of Brent soared 26.9pc last year, more than anywhere else in the country. The rate of claims there (225 per 100,000) was almost double the average across all councils (120). A Ministry of Housing Communities and Local Government spokesman said: 'We are transforming a housing system, which has left millions of renters trapped under the constant fear of a Section 21 eviction coming through the door. 'Our Renters' Rights Bill will soon become law, putting an end to no-fault evictions, giving tenants greater security in their homes whilst empowering them to rightfully challenge unfair rent hikes and poor conditions.' Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
14-02-2025
- Business
- Telegraph
Labour's war on landlords triggers record wave of eviction claims
Eviction claims by private landlords have reached a record high as owners race to reclaim their properties ahead of Labour's rental reforms. The Government aims to ban 'no-fault' evictions next year as part of its Renters' Rights Bill, which will also make it harder for landlords to increase rents. The move has sparked panic among property investors, with the number of possession claims by private landlords surpassing 30,000 for the first time ever in 2024. The data, from HM Courts & Tribunals Service, also shows that during Labour's first three months in power, the number of claims by private landlords hit 7,781 – their highest quarterly total since records began in 2009. The Renters' Rights Bill, which is being spearheaded by housing secretary, Angela Rayner, is set to become law by this summer. It was designed in response to the Conservative government's Renters Reform Bill which did not pass into law before Parliament was dissolved. Both pieces of legislature sought to ban so-called 'no-fault' evictions which aim to make it harder for landlords to take their properties back from tenants. The number of successful 'no-fault' evictions soared 20.3pc in England between 2023 and 2024 to their highest tally since 2017. Landlords can apply for a possession order if the tenant has broken the terms of the rental agreement. This could be the result of excessive arrears, causing damage to the property or engaging in anti-social behaviour. Most successful actions in court used to result in a suspended order, where the judge rules the tenant can remain under certain conditions. But outright orders – which impose a date when the home must be vacated, usually between 2 weeks and a month of the hearing – have surged. They have become more common every year from 2006 onwards, and since the pandemic, they make up roughly eight in 10 of all orders. 58,932 were issued by county courts in Britain in 2024, the highest annual total since 2017. Only when such orders aren't respected can private landlords apply for bailiffs to evict the tenant. This occurred 9,012 times in England last year – more than any other year going back to 2000. Again, the surge came just after Sir Keir Starmer entered Number 10. The 2,373 evictions between July and September 2024 topped any other quarter on record. But landlords also currently have recourse to Section 21 of the Housing Act 1988, which allows them to push for an earlier move-out date without having to supply a reason. When such notices are valid and the date isn't respected, they can apply for accelerated possession orders which can see forced eviction through much quicker. English courts received 32,287 accelerated procedure claims by landlords in 2024, more than during any other year since 2016. These resulted in 11,373 evictions. Average asking rents hit £1,369 in England by the end of 2024 – having risen by an all-time record high 9.3pc over the year to November, according to the Office for National Statistics (ONS). But in the capital, just under a year since they crossed £2,000 for the first time, the equivalent increase was 11.6pc, pushing the average to £2,220. Of the top 10 local authorities where the rate of private landlord possession claims were highest, seven were in London. Waltham Forrest led the way with 762 per 100,000 households. Asking rents in the borough of Brent soared 26.9pc last year, more than anywhere else in the country. The rate of claims there (225 per 100,000) was almost double the average across all councils (120). A Ministry of Housing Communities and Local Government spokesman said: 'We are transforming a housing system, which has left millions of renters trapped under the constant fear of a Section 21 eviction coming through the door. 'Our Renters' Rights Bill will soon become law, putting an end to no-fault evictions, giving tenants greater security in their homes whilst empowering them to rightfully challenge unfair rent hikes and poor conditions.'
