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If you’re a landlord who’s had enough of your tenant and wants to serve them with a section 8 notice legally or a tenant who’s been served a section 8 notice and wants to know more, you’re in the right place. In this article, our specialist landlord and tenant solicitor will break down the 7 things you need to know about a section 8 notice, to ensure the notice is valid.
If you have a section 8 notice matter and want to talk to a solicitor, please call us directly on 020 3007 5500.
1. What is a section 8 notice?
Section 8 notices derive from Section 8 of the Housing Act 1988. Section 8 applies to assured shorthold tenancy agreements (AST) and outlines the landlords’ process to terminate a tenancy and repossess property from their tenants.
To successfully obtain possession using the section 8 process, the landlord must rely on a ‘ground for possession’ as defined in section two of the Housing Act 1988.
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2. What is the difference between section 8 and section 21 notices?
In simple terms, the difference is a section 8 notice is served by a landlord when a tenant has breached specific terms of their tenancy agreement. Whereas, a section 21 notice is when a landlord can evict a tenant without giving a reason after the end of the fixed term (usually six months in the UK).
Unlike the Section 21 process, section 8 allows a landlord to terminate a tenancy and evict a tenant during the tenancy’s fixed term. In short, this means with a section 8 notice a landlord does not need to wait for the end of the fixed term.
Are you looking for more information on a section 21 notice? If so please go to our section 21 notices – everything you need to know page.
3. What are the grounds to serve a section 8 notice and how much notice do I need to give?
When you’re looking to evict your tenant by serving a section 8 notice, you must ensure the reasoning for eviction is in line with one of the 17 grounds. Each of the 17 grounds requires a different notice period for a tenant. Furthermore, the grounds are separated into mandatory and discretionary. If your application meets a mandatory ground, the courts must grant an order for possession. Whereas, suppose your application meets a discretionary ground. In that case, the courts may grant you an order for possession if they deem it reasonable.
Each ground requires a separate notice period
Grounds 1-8 are mandatory.
Grounds 9-17 are discretionary.
4. Common reasons for issuing a section 8 notice?
In the UK, the most common grounds for a landlord issuing a Section 8 notice are:
- Two or more months of unpaid rent (Rent arrears).
- The tenant is causing a nuisance to neighbours.
- False information was provided when entering into the tenancy.
- The tenant has caused damage to the property through their neglect, or the actions of someone living with them.
- Breach in the terms of the tenancy agreement.
- The mortgage lender is repossessing the house. (The landlord is required to have advised the tenant of this possibility before the tenancy began).
- The tenant has received a conviction because they were using the property for illegal activities.
Depending on the reason for eviction, the landlord can give a Section 8 notice to a tenant for a period of two weeks, four weeks or two months. After this time, the landlord will ask the tenant to leave.
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5. How do I apply for a section 8 notice?
To apply for a section 8 notice, a landlord will need to fill out a form 3 correctly and serve it to the tenant. The notice must outline that the landlord intends to bring possession proceedings on the ground/s specified in the notice. Additionally, the notice must outline that the proceedings will not begin before the date specified in the notice. On receipt of the notice, the tenant must either rectify the breach (if rectifiable) or leave the property before the notice’s expiry.
Remember...
A landlord can apply for a section 8 notice at any time during the tenancy period, as long as there is a legal ground for eviction.
6. How do I serve a section 8 notice?
When serving notice, it’s of the utmost importance that you have proof of delivery. An example of proof may be having a neutral witness present when you serve the notice.
The following are the recommended ways to serve notice:
- Personal delivery – personal delivery means handing the notice to the tenant. A landlord can do this by giving the tenant an envelope, addressed to them at the property. Notice is served on the day it was delivered. This route is often preferable for landlords who seek a speedy eviction.
- Left at address – a landlord can do this by producing an envelope, addressed to the tenant at the property and leaving it at the property, for example, by posting it through the letterbox. If left before 4.30 pm, it will be deemed served on that day (if a business day); if left after this time or not on a business day, it will be deemed served the next business day instead.
- Recorded delivery – If the envelope returns undelivered, the landlord won’t have served the notice. However, if the tenant accepts the delivery, the notice’s serving is on the delivery day.
- Process server – a process server is a professional service that serves legal notices. A process server will produce proof of service for use in court.
- First-class post – a landlord can also serve notice by postal delivery. Because first-class post takes two working days to arrive, the notice period will be two days.
- Email – if notice is served by email, it will become active on the same day if sent before 4.30 pm on a working day. If sent after 4.30 pm, it will become active on the next working day.
7. What happens if the tenant hasn’t left the property after the notice period?
Suppose the tenant hasn’t corrected their mistake or vacated the property by the notice period’s expiry date. In that case, a landlord must apply for a court order for possession. A court order for possession legally states that a tenant needs to vacate the property by the date outlined in the order.
As part of the application, the landlord must provide evidence in court that proves that the reason for the termination of tenancy falls under a specific ground.
Again, suppose the order of possession is successful. In that case, the time given to vacate the property depends on whether the grounds were mandatory or discretionary.
Order for possession under a mandatory ground
If the landlord successfully proves the chosen mandatory ground, the court must make an order for possession. Generally, the court allows the tenant 14 days to vacate the property. However, the court may extend this 14 days up to 6 weeks in cases of exceptional hardship.
Order for possession under a discretionary ground
Suppose the landlord is successful in proving the chosen ground. In that case, the court can make an order for possession if it considered reasonable to do so on all the available facts. On completing the order, the court may order the following:
- An outright order for possession, usually within 14 days.
- A stay or suspension of the possession order for such a period as the court decides.
- A postponed date of possession for such a period as the court thinks fit.
Generally, the order for possession will be suspended or postponed if the tenant would be exposed to hardship if evicted on short notice. The court may also suspend or postpone the order for possession to give the tenant another opportunity to remedy the breaches (if possible).
To read more about the process of evicting a tenant, please visit our what are the three stages to legally evicting a tenant? page.
Mandatory Ground | Notice Period |
1. Landlord wants to move back into the property | 2 months |
2. Property is being repossessed by a mortgage lender | 2 months |
3. Out of season holiday let | 2 weeks |
4. Property has been let by a student or educational institution | 2 weeks |
5. Property is required by a minister of religion | 2 months |
6. Landlord intends to redevelop/demolish the property | 2 weeks |
7. Tenant has died (tenancy has passed on by will or intestacy) | 2 months |
7a. Serious anti-social behaviour | 4 weeks (Periodic tenancy) 1 month (Fixed term tenancy) |
7b. No right to rent in the UK | 2 weeks |
8. Serious rent arrears at the time of serving the notice and possession proceedings | 2 weeks |
Mandatory Ground | Notice Period |
1. Landlord wants to move back into the property | 2 months |
2. Property is being repossessed by a mortgage lender | 2 months |
3. Out of season holiday let | 2 weeks |
4. Property has been let by a student or educational institution | 2 weeks |
5. Property is required by a minister of religion | 2 months |
6. Landlord intends to redevelop/demolish the property | 2 weeks |
7. Tenant has died (tenancy has passed on by will or intestacy) | 2 months |
7a. Serious anti-social behaviour | 4 weeks (Periodic tenancy) 1 month (Fixed term tenancy) |
7b. No right to rent in the UK | 2 weeks |
8. Serious rent arrears at the time of serving the notice and possession proceedings | 2 weeks |
Mandatory Ground | Notice Period |
1. Landlord wants to move back into the property | 2 months |
2. Property is being repossessed by a mortgage lender | 2 months |
3. Out of season holiday let | 2 weeks |
4. Property has been let by a student or educational institution | 2 weeks |
5. Property is required by a minister of religion | 2 months |
6. Landlord intends to redevelop/demolish the property | 2 weeks |
7. Tenant has died (tenancy has passed on by will or intestacy) | 2 months |
7a. Serious anti-social behaviour | 4 weeks (Periodic tenancy) 1 month (Fixed term tenancy) |
7b. No right to rent in the UK | 2 weeks |
8. Serious rent arrears at the time of serving the notice and possession proceedings | 2 weeks |
Why contact our landlord and tenant solicitors?
Section 8 notices are a highly complicated area of law, which requires the assistance of an experienced professional to ensure it’s valid. If you’re a landlord or tenant who’s struggling with understanding the legal eviction process in the current climate, our award-winning solicitors can help.
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
For more information, please don’t hesitate to visit our landlord and tenant page or contact one of our solicitors in Brighton directly on 020 3007 5500.
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