Ground 8
Serious Rent Arrears
What is Ground 8 - Serious Rent Arrears
What must be proved:
The landlord must prove that the tenant is in a specified amount of arrears, and that the arrears exist at two key points in time:
a) Level of arrears:
8 weeks' rent if rent is payable weekly or fortnightly
2 months' rent if rent is payable monthly
3 months' rent if rent is payable quarterly or annually
b) Timing of arrears:
The required arrears must exist both at the time:
The Section 8 notice is served and the court hearing takes place.
Notice that landlord might seek possession under this ground
The court has no discretion to waive this requirement.
Minimum notice period that landlord will seek possession using this ground
Two weeks
Mandatory Ground
As this is a mandatory ground, if the landlord proves the ground, the court must order possession. There is no power vested in the court to consider ‘reasonableness’ of granting possession in relation to this mandatory ground if the landlord is able to prove the requirements of the Ground.
What You Can Do
Follow this step-by-step guide