Section 8 Notice
A section 8 notice is a means for landlords to remove tenants who are on a tenancy of any length. You can seek repossession at any time if you can prove one of the grounds is made out. If the tenancy is for a fixed term, the agreement must allow you to seek repossession on the ground you want to use.
Grounds for Seeking Repossession
Some grounds are mandatory (i.e. if the ground can be proved it will be mandatory for the tenant to be ordered to leave) and some are discretionary (i.e if the ground is made out the Court has discretion sa to whether or not to make the tenant leave).
Grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 require least 2 weeks’ notice.
Grounds 1, 2, 5, 6, 7, 9 and 16 require at least 2 months’ notice.
For ground 14 you can start proceedings as soon as you have served notice.
It’s important to make sure the notice you send meets all of the requirements. Here’s what you need to know:
The ground must be clearly stated in the notice.
One of the most frequently used mandatory grounds is where the tenant is 2 months’ or 8 weeks’ in arrears (depending on whether rent is paid monthly or weekly).
If the rent was overdue when the landlord served notice and when Court proceedings began, this is a discretionary ground. If the tenant has been consistently late in making rent payments, this is also a discretionary ground.
The notice must be on the form entitled ‘Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy’.
If the tenant refuses to leave you can apply to the Court for a possession order. We can help you do this.
If repossession is sought along with rent which is in arrears, you can use the Court’s possession claim online service.
Notice can be given directly to the tenant, put through the mail slot or sent in the post. Ensure you keep proof of postage.
Once the notice has been served and the notice period has passed, the Court determines if the possession order will be granted. A bailiff from the Court needs to carry out the eviction using a valid warrant.
We can look at your tenancy agreement and the circumstances of what the tenant has done. We will advise you of whether you should serve a section 8 Notice and ensure the requirements are met. If the tenant will not move out, we can assist with further legal action against them.
To talk to us about section 8 notices, please call our Bayswater office on freephone 0800 524 4709 to make an appointment or fill in our contact form.
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