Change to the Section 8 notice prescribed form from 1st December 2016

Posted on November 29, 2016

Please note that from the 1st December 2016 an amended prescribed format Section 8 notice will come in to force. This new format notice MUST be used for all Section 8 notices served on or after 1st December 2016.

 

The change incorporates a new ground in to the Section 8 notice, 7B, which has been introduced by Section 41 of the Immigration Act 2016.

 

This new mandatory ground will also take effect from 1st December 2016. It will apply where the secretary of state has given a notice to the Landlord which identifies that a tenant/s may not occupy the dwelling due to their immigration status.

 

It should be noted that where one joint tenant lacks the correct immigration status, but the other does not, the court has the power to transfer the tenancy agreement to the other joint tenant’s sole name. This is effectively an assignment of the tenancy agreement, and the agreement will still cease at the end of the original term.

 

Further, on this ground 7B the court does not have the power to dispense with the Section 8 notice.

 

For more information on the tenant’s right to rent in the UK, and the Landlords obligations in this regard please see our previous article here.

 

If you have any questions regarding these changes please do not hesitate to email the

Landlord and Tenant Litigation team: atlegal@ashleytaylors.co.uk or call 01825 766767.