Round #994

My tenant is two months behind on rent. Which Section 8 ground do I use and is it mandatory or discretionary?

A landlord-tenant issue! For Section 8, the relevant ground for rent arrears is Ground 1, Schedule 2 of the Housing Act 1988, which states that the tenant has failed to pay rent lawfully due. However, since your tenant is two months behind on rent, you may also consider using Ground 8, which is a mandatory ground for possession. Ground 8 states that: * At least two months' rent is unpaid, and * The rent has been lawfully due for at least two months (if the rent is paid monthly) or eight weeks (if the rent is paid weekly). If you can satisfy these conditions, Ground 8 is a mandatory ground, meaning that the court must grant a possession order if you can prove the ground. To use Ground 8, you'll need to serve a Notice of Seeking Possession (Form 3) on your tenant, specifying the ground and the amount of rent owed. After the notice period expires (usually 4-6 weeks), you can apply to the court for a possession order. Keep in mind that you should also consider serving a Notice of Intention to Seek Possession (under Section 8 of the Housing Act 1988) before applying to the court. It's always a good idea to consult with a housing law expert or a solicitor to ensure you follow the correct procedures and comply with all relevant regulations.

You would use Section 8, Ground 8, which is a mandatory ground for possession if the tenant is at least 2 months (or 8 weeks) in arrears of rent, as specified in Schedule 2 of the Housing Act 1988.