Section 8 Renters’ Rights Bill 2024?

Proposed Section 8 Grounds for possession

(Interestingly there is no Ground 16! Personally I think Landlords should be writing to their MPs stating that Grounds 11, 12, 13, 14, 15 & 17 should be made mandatory grounds for possession) https://www.gov.uk/government/publications/guide-to-the-renters-rights-bill/82ffc7fb-64b0-4af5-a72e-c24701a5f12a

Mandatory grounds

1 Occupation by landlord or family The landlord or their close family member wishes to move into the property. Cannot be used for the first 12 months of a new tenancy. Notice: 4 months

1A Sale of dwelling-house The landlord wishes to sell the property. Cannot be used for the first 12 months of a new tenancy. Notice 4 months

1B Sale of dwelling-house under rent-to-buy The landlord is a private registered provider of social housing and the tenancy is under a rent-to-buy agreement. Notice 4 months

2 Sale by mortgagee The property is subject to a mortgage and the lender exercises a power of sale requiring vacant possession. Notice 4 months

2ZA Possession when superior lease ends The landlord’s lease is under a superior tenancy that is ending. Can only be used by private registered providers of social housing, agricultural landlords, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority. Notice 4 months

2ZB Possession when superior lease ends The landlord’s lease is under a superior tenancy that is coming to an end or has ended. Can only be used if the superior lease was for a fixed term of over 21 years. Notice 4 months

2ZC Possession by superior landlord After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the intermediate landlord prior to reversion was a private registered provider of social housing, agricultural landlord, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority. Notice 4 months

2ZD Possession by superior landlord After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the superior lease was for a fixed period of over 21 years and has expired, or within a 12 month period of the fixed term expiry date, if the fixed term has been ended early. Or if the superior tenancy comes to an end after the expiry of the fixed term as a result of a valid notice. Notice 4 months

4 Student accommodation In the 12 months prior to the start of the tenancy, the property was let [wholly] to students. Can only be used by specified educational establishments. Notice Notice 2 weeks
4A Properties rented to students for occupation by new students A property is let to full-time students and is required for a new group of students in line with the academic year. Notice 4 months

5 Ministers of religion The property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion. Notice 2 months

5A Occupation by agricultural worker The landlord requires possession to house someone who will be employed by them as an agricultural worker. Notice 2 months

5B Occupation by person who meets employment requirements A private registered provider of social housing holds the property for use by tenants meeting requirements connected with their employment and it is required for that purpose (and the current tenant does not fulfil those requirements). Notice 2 months

5C End of employment by the landlord Previously ground 16 (expanded). The dwelling was let as a result of the tenant’s employment by the landlord and the employment has come to an end OR the tenancy was not meant to last the duration of the employment and the dwelling is required by a new employee. Notice 2 months

5D End of employment requirements A private registered provider of social housing, included an employment requirement in the tenancy agreement that the tenant no longer fulfils (e.g., key worker). Notice 2 months

5E Occupation as supported accommodation The property is held for use as supported accommodation and the current tenant did not enter the tenancy for the purpose of receiving care, support or supervision. Notice4 weeks

5F Dwelling-house occupied as supported accommodation The tenancy is for supported accommodation and one of the circumstances set out in the ground, making the accommodation no longer viable or suitable for that tenant, has occurred. Notice 4 weeks

5G Tenancy granted for homelessness duty The property has been used as temporary accommodation for a homeless household, under s193 of the Housing Act 1996, and a local housing authority has notified the landlord that the tenancy is no longer required for that purpose. The landlord can only use this ground if within 12 months of the date of the notice from the local housing authority. Notice 4 weeks

5H Occupation as ‘stepping stone accommodation’ A registered provider of social housing or a charity lets to a tenant meeting eligibility criteria (e.g., under a certain age) at “affordable rent”, to help them access the private rented sector and/or transition to living independently, and the tenant no longer meets the eligibility criteria, or a limited period has come to an end. Notice 2 months

6 Redevelopment The landlord wishes to demolish or substantially redevelop the property which cannot be done with the tenant in situ. Various time limits and/or notice requirements exist for this ground depending on the circumstances. The landlord and tenancy must be of the kind listed in the table. Notice 4 months

6A Compliance with enforcement action The landlord is subject to enforcement action and needs to regain possession to become compliant. Notice 4 months
7 Death of tenant The tenancy was passed on by will or intestacy. Possession proceedings must begin no later than 12 months after death or, if the court directs, after the date on which the landlord became aware of the death. Notice 2 months

7A Severe ASB/Criminal Behaviour The tenant has been convicted of a type of offence listed in the ground, has breached a relevant order put in place to prevent anti-social behaviour or there is a closure order in place prohibiting access for a continuous period of more than 48 hours. Landlords can begin proceedings immediately

7B No right to rent At least one of the tenants has no right to rent under immigration law as a result of their immigration status and the Secretary of State has given notice to the landlord of this. Notice 2 weeks
8 Rent arrears The tenant has at least 3 months’ (or 13 weeks’ if rent is paid weekly or fortnightly) rent arrears both at the time notice is served and at the time of the possession hearing. Notice 4 weeks [If rent paid by Housing Benefit etc then as paid 4 weeks in arrears = will be at least 4 months in arrears!] Notice 4 weeks

Discretionary grounds

9 Suitable alternative accommodation Suitable alternative accommodation is available for the tenant Notice 2 months

10 Any rent arrears The tenant is in any amount of arrears Notice 4 weeks
11 Persistent arrears The tenant has persistently delayed paying their rent, Notice 4 weeks
12 Breach of tenancy The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent). Notice 2 weeks

13 Deterioration of property The tenant has caused the condition of the property to deteriorate. Notice 2 weeks
14 Anti-social behaviour The tenant or anyone living in or visiting the property has been guilty of behaviour causing, or likely to cause, nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or in the locality of the property. Or the tenant or a person living or visiting the property has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offence in the locality. Landlords can begin proceedings immediately

14A Domestic Abuse A social landlord wishes to evict the perpetrator of domestic violence if the partner has fled and is unlikely to return. Notice 2 weeks

14ZA Rioting The tenant or another adult living at the property has been convicted of an indictable offence which took place at a riot in the UK. Notice 2 weeks

15 Deterioration of furniture The tenant has caused the condition of the furniture to deteriorate. Notice 2 weeks

17 False statement The tenancy was granted due to a false statement made knowingly or recklessly by the tenant or someone acting on their instigation. Notice 2 weeks

18 Supported accommodation The tenancy is for supported accommodation and the tenant is refusing to engage with the support. Notice 4 weeks

Judith

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