These Guidance Notes: Possession Procedure for Rent Arrears (Section 8 of the Housing Act 1988) are designed to guide landlords through the “standard procedure” for obtaining possession of a property let on an assured shorthold tenancy (AST). They are suitable for use where the landlord is seeking possession on the ground that there are arrears of rent.
The notes look at service of a Section 8 Notice, making an application to court for a possession order and taking enforcement action if the tenant does not vacate and/or pay the arrears as ordered. The relevant documents in our Residential Possession Proceedings – Standard Procedure subfolder are signposted.
Due to the Coronavirus (Covid-19) pandemic, it may take longer than usual to evict tenants. Wales has a temporary eviction ban (until 30 June 2021) prohibiting enforcement action from being unless certain exemptions apply.
These guidance notes were updated early in 2017 to take account of the Cardiff v Lee case relating to enforcement of suspended possession orders and the consequent introduction of new Form 325A.
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