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Ground 8 rent arrears – 2 months behind and I’m out?

…that all depends on the circumstances of your case. A tenant who has an Assured Shorthold Tenancy (AST) might find themselves receiving a Section 8 notice if they fall at least two months behind with the rent. This could mean the Landlord can apply to court to have you evicted.

Ground 8 is one of the so-called ‘mandatory grounds’ for possession- these grounds mean that the Court often has no option but to make a possession order and they can be tricky or impossible to argue against. But all is not necessarily lost as the following factors can have a part to play in fighting eviction after a Ground 8 notice is served:

  • The layout and dates on the notice
  • Disrepair (heating problems; water leaks; damp and mould etc.)
  • Deposits (protected late; proper information not given etc.)
  • Mistakes in arrears calculation

Many of these rely on a tenant’s ability to bring a ‘counterclaim’. If a tenant’s security deposit isn’t properly protected (or is protected late) the tenant is due compensation. If the Landlord is already claiming for possession, the court can award compensation which will lower the level of the arrears- if they get reduced below the two month figure, you could avoid eviction.

The same is true for disrepair cases. If your Landlord hasn’t done the repairs they’re obliged to do- you could find the court reducing your arrears and enabling you to stay in your property. You may even end up with money in your pocket at the end of the case!

Our best advice for anyone who has been given notice to leave their property is to speak to an adviser from Swain & Co without delay. We can’t always help, but we’ve successfully defended hundreds of possession claims by Landlords and we have the experience to give you the advice you need.

If you’ve received a notice to leave your home, call us today for a no obligation FREE consultation. Havant – 0800 0351 999 Southampton – 02380 631111

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