ASCE 7-16 Section 11.4.8 Site Specific Ground Motion Procedures. Other grounds for possession. But the key to a successful arbitration is restricted interference by judicial courts in the arbitration proceedings. No minimum share capital:Section 8 companies, unlike all other companies, do not require a prescribed minimum paid-up share capital. This purely discretionary ground for possession is available to landlords where the tenant has been persistently late in paying the rent throughout the duration of the tenancy. Ground 9 The legal description of a tract of land under the PLSS includes the name of the state, name of the county, township number, range number, section number, and … The trend of arbitration has increased tremendously over the past decade, at both national and international level. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground. Ground 9: Suitable alternative accommodation is available. Ground 8 –Arrears must exceed 8 weeks if the rent is paid weekly or fortnightly, 2 months if paid monthly, one full quarter if paid quarterly or 3 months if paid yearly. Ground 9 The State values the dignity of every human person and guarantees full respect for human rights. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. A.R. Please note that all national standards for tank design (AWWA D100, API 620, API 650, ACI 350.3, etc.) a. Ground 12: Any obligation of the tenancy has been broken, other than payment of rent. 1 to ASCE 7-16 is included at the end of the 3rd printing of the ASCE 7-16 Provisions volume. A Section 8 company comprises of the following distinct features that most other kinds of companies do not have: 1. Grounds 12 or 13 – 6 months notice. Ground 11 – Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due. Ground 11 E+W Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due. Used when any amount of rent is due on the date that the Section 8 notice is served and is still due on the date that proceedings begin. The differences between the Section 8 and Section 21 procedures are: Section 8 lists 17 grounds. “Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.”. At first, not being a legal person, I worried over the word “discretionary” but realised I had got the possession order … Your choice regarding cookies on this site, Are You Acquiring Or Restructuring An Existing Business, Are You Happy With Your Existing Finance Arrangements, Are You Taking Or Facing Legal Proceedings, Have You Been Contacted By An Insolvency Practitioner, Do You Need Other Non-Legal Professional Support, Defending Claims by Liquidators or Administrators. This is another purely discretionary ground for possession available to landlords where the tenant is breach of a tenancy obligation, such as smoking in the property, keeping pets and engaging in anti-social behavior. Ground 12. Ground 9 Suitable accommodation of the same type and quality has been offered to the tenant and refused. An assured tenancy which is also an Assured Shorthold Tenancy may also be ended by the execution of a possession order based on a section 21 notice. Site-specific Ground Motion Procedures §11.4.7 Per Section 11.4.7, a site-specific response spectrum may be derived for any structure based on the procedures set forth in Chapter 21. Third-Party cookies are set by our partners and help us to improve your experience of the website. Ground 9 The amount of notice that must be given to the tenant differs depending on the grounds. Used when the previous tenant has deceased and the tenancy has passed to a new tenant but the new tenant does not have the right to carry on with the tenancy. This is pretty much the entire west coast. Ground 14 also applies if it can be shown that the tenant is causing a nuisance to neighbours. This security exists unless a landlord exercises their right to possession under Section 21 or Section 8 of the Act. Ground 9 – 6 months notice. These summaries are not to be inserted into the Section 8 Notice itself. After thorough reading on-line, I represented myself and used Section 8 Grounds 10 and 11 but the order was “discretionary”. Used when there has been a breach of any term of the tenancy agreement. Condition 1. Used when the tenancy is for a period of no more than twelve months and the property belongs to an educational institution. In U.S. land surveying under the Public Land Survey System (PLSS), a section is an area nominally one square mile (2.6 square kilometers), containing 640 acres (260 hectares), with 36 sections making up one survey township on a rectangular grid.. Ground 8 is a 'mandatory' ground for possession. For ground 2 the landlord must give two months' notice. Ground 7 (after death of tenant) and/or 7B (notice of no right to rent), where no other notice is specified – 3 months notice. New Ground Motion Maps of ASCE 7-16 . It is often recommended that the landlord sends it via first class post at a Post Office, where proof of postage can be obtained. Question 1. Ground 10: The tenant is in arrears of rent. Used when the property has been neglected by the tenant, sub-tenant or someone living in the property with the tenant who the tenant has not removed and as a result the condition of the property has deteriorated. The court will look at the information you and your landlord provide at the hearing. Section 8 allows a landlord to seek possession using grounds 2, 8, 10 to 15 or 17 listed in Schedule 2 to the Act These include rent arrears and anti-social behaviour. Removing or resetting your browser cookies will reset these preferences. When the landlord serves the tenant with the Section 8 notice, they have to state the grounds by which they are seeking possession of the property, using the precise wording specified in the legislation Schedule 2 of 1988 Housing act with wording of grounds for possession and the reasons for relying on these grounds. Google Analytics cookies help us to understand your experience of the website and do not store any personal data. To control which cookies are set, click Settings. Ground 9: Suitable alternative accommodation is available for the tenant upon possession. Section 8 allows a landlord to seek possession using grounds 2, 8, 10 to 15 or 17 listed in Schedule 2 to the Act These include rent arrears and anti-social behaviour. Grounds 1 to 8 are mandatory, meaning if the landlord can prove to the court that they apply then the court must grant the possession order. The landlord is then given a date to attend court, the first hearing, and must attend on this date. Ground 8, 10 or 11 where rent arrears are less than 6 months at the date service of notice – 6 months notice. Charitable objectives: Section 8 companies do not aim to make profits. Choose the correct option. ground 11 - late payment of rent; The court can decide if it's reasonable to order eviction if your landlord only uses these grounds or can't prove ground 8. (ii) any of Grounds 8, 10 or 11 in Schedule 2 to this Act is specified in the notice and at the time the notice is served less than six months’ rent is unpaid, This document is designed to provide a summary of each ground, explaining when they should be used and what each ground means. The other two, grounds 10 and 11, are discretionary. You must serve notice seeking possession of the property on the tenant before starting court proceedings. (b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings. Other grounds for possession. Where the landlord is seeking possession on any of grounds 1 to 6, 9, 12, 13, 15 or 16, or of grounds 8, 10 or 11 if at the time the notice is served less than six months’ rent is unpaid, (without ground 7A or 14) court proceedings cannot begin earlier than six months from the date this notice is served on you. Section 11.4.8 (or more specifically, the exception in 11.4.8) applies to both the determination of impulsive and convective accelerations. As with all purely discretionary grounds for possession, even if it is clear the tenant has persistently paid the rent late, the court must also be satisfied that it reasonable to grant an Order for Possession in favour of the landlord and in our experience, it is unlikely unless other grounds for possession also apply. It is only permitted when the landlord has already lived in it as their main home or they, or their spouse require it to live in as his or her main home. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. Grounds for possession: Ground 11 – persistent delay in paying rent. Used when the property is subject to a mortgage which existed before the start of the tenancy and the lender wants to repossess the property. Once the Section 8 notice has been served, the landlord can apply to the court for a hearing to get a possession order using the forms N119 and N5 and by paying the court fees. A landlord seeking to serve a section 8 notice seeking possession under this ground must give tenants at least two months’ notice. This ground states that alternative accommodation will be available for the tenant in the case that the possession order is made and that the landlord has to pay reasonable removal expenses. Section 8-11 - Pre-hearing Conference. The court will look at the information you and your landlord provide at the hearing. Ground 10 applies if the rent is unpaid when the section 8 notice is served and has not been paid by the start of the possession proceedings. Do you want to issue a Winding Up Petition? Ground 8 works quite simply. Where rent is due monthly, at least two months’ rent must be in arrears. The notice must be in the prescribed form prescribed form of section 8 notice. The Section 8 notice expires two weeks or two months after this date, depending on which of the 17 grounds have been cited. Grounds 1-6 – 6 months notice. Ground 7A. On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. Who brings a Director Disqualification Claim? The court will then decide upon whether to grant a possession order based on these grounds. Grounds 15 or 16 – 6 months notice. In order for possession to be ordered by the court, any one or more of the following five conditions contained within 7A must be met. With exceptions for significant rent owed and anti-social behaviour, most periods of notice were set to be six months. 210.8 Ground-Fault Circuit-Interrupter Protection for Personnel. While in the end zone, he attempts to pass backward. Click here for a full list of Google Analytics cookies used on this site. … The court will then decide upon whether to grant a possession order based on these grounds. If Joe's landlord can prove he is at least 8 weeks behind with his rent when he got the notice and when he went to court, the court will have to order that he can be evicted. ... After thorough reading on-line, I represented myself and used Section 8 Grounds 10 and 11 but the order was “discretionary”. Grounds 1-6 – 6 months notice. Contact expert Section 8 … This ground only applies to property which is owned by a charitable housing trust or registered social landlord. The rent is in arrears but by no more than 8 weeks in the case of weekly payments, 2 months in the case of monthly payments and 1 quarter in the case of quarterly payments. Section 1; Section 3; Section 4; Section 5; Section 6; Section 7; Section 8; Section 9; Section 10; Section 11; Section 12. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground. However, when serving a section 8 notice the ground or grounds that are being relied on by the landlord should be stated and the reasons for relying on them. Used when the landlord wants to live in the property as a permanent home. ASCE 7-16 now requires that a ground motion hazard analysis be performed in accordance with Section 21.2 for structures on Site Class D or E with S1 greater than 0.2. In U.S. land surveying under the Public Land Survey System (PLSS), a section is an area nominally one square mile (2.6 square kilometers), containing 640 acres (260 hectares), with 36 sections making up one survey township on a rectangular grid.. Let us take a look. Section 8; Section 9; Section 10; Section 11; Section 12. The new ground “7A” is introduced by section 97 and like ground 8 is mandatory if proven. Ground 9 – 6 months notice. SECTION 12. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice. The ball is dead when it hits the ground. All Rights Reserved.Authorised and regulated by the Solicitors Regulation Authority No.599151Francis Wilks & Jones. Design ( AWWA D100, API 650, ACI 350.3, etc. make profits Building Code ; Section ;. … Figure 11.4-1, unless site-specific ground motion procedures are: Section 8 notice is likely to lead to delays... 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