Does a Section 8 notice to quit guarantee a possession order?
Issuing a section 8 notice to quit on a tenant does not guarantee that the court will grant a possession order. It depends largely on which grounds are relied upon as well as the strength of the the landlord’s argument. Grounds 2 and 8 of a section 8 notice are mandatory, meaning that if a landlord relies on one of these grounds and can prove to the court that one of them applies, then the court will have no choice but to issue the landlord with a possession order. Grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 are discretionary, meaning that the court will not necessarily rule in the landlord’s favour even if he can prove that one of the grounds applies. In these cases it is at the court’s discretion whether to grant a landlord a possession order. They will weigh up the facts and make a decision based on what they see as fair and reasonable. If a court is satisfied that a landlord is entitled to possession on one of the grounds, then the court will grant a possession order to take effe
