Section 8 Notices.
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Need legal advice regarding a section 8 notice?
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
- Unlimited time to discuss your section 8 matter with an experienced eviction solicitor.
- An outline of your legal standpoint in serving notice.
- A clear fee-quote and time frame to evict your tenant through a section 8 notice.
Draft and serve a section 8 notice
Issue standard possession claims
Application for a warrant of possession
Defence against an eviction notice
Get a quote today.
Section 8 evictions rarely require you to apply for a warrant of possession. In most cases, drafting and serving an eviction notice will result in a tenant vacating the premises.
Add Service
Draft and serve a section 8 notice
We will need the tenancy agreement and the information supporting the ground for eviction.
No Disbursements
Add Service
Issue standard possession claim
*Subject to a valid notice being served. Additional costs may be required for barrister fees.
Disbursement – £355 Court Fee
Add Service
Apply for a warrant of possession
If a warrant of possession is granted, bailiffs can legally remove the tenants.
Disbursement – £130 Court Fee
Total solicitor fees (excluding court fees and barrister fees) starting from :
Other eviction notices.
Section 21
Commonly asked questions.
Serving a section 8 notice can be a complicated and lengthy process, especially if mistakes are made, and the eviction is contested. Therefore, it’s more important than ever to get things right the first time.
1. What is a section 8?
Section 8 is a form of notice that a landlord can serve a tenant with an assured shorthold tenancy agreement. Additionally, a section 8 notice allows a landlord to terminate the tenancy during a fixed term (usually the first 6 months of tenancy in the UK), as long as there’s a valid ground for doing so.
There are 17 grounds for serving a section 8 notice, which is divided between mandatory and discretionary grounds.
2. What are the section 8 notice grounds?
When it comes to serving a section 8 notice to your tenant, you need to ensure that the reasoning for evicting your tenant falls under at least one of the 17 grounds for eviction.
The 17 grounds are split into both mandatory and discretionary grounds.
| Mandatory Grounds | Description | Notice Period |
|---|---|---|
| Ground 1 |
The landlord requires the property in order to use it as their main residence. Note: This ground can only be used if the property was the landlords main residence prior to the tenancy beginning. |
2 months |
| Ground 2 |
The mortgage lender on the property has served notice to foreclose. Note: In this case the mortgage in question has to predate the start of the tenancy. |
2 months |
| Ground 3 | The property was previously used as a holiday let and is required to return to the status of holiday let. | 2 weeks |
| Ground 4 |
The property is being let by an educational institution and is now required by the students. Note: For this to apply, written notice must be served before the tenancy begins |
2 weeks |
| Ground 5 | The property is owned by a religious body and they require possession for a member of their church. | 2 months |
| Ground 6 |
The landlord wants to demolish and reconstruct, or redevelop all or part of the property and cannot reasonably carry out the work while the tenant reamins in residence. Note: The landlord is required to pay all (reasonable) moving costs to the tenant. |
2 months |
| Ground 7 |
The current tenant is a tenant heir and is not named on the original tenancy agreement. Note: The landlord must serve a Section 8 notice within 12 months of the death of the named tenant. |
2 months |
| Ground 8 | The tenant has failed to pay more than 8 weeks rent in the case of weekly payments or 2 months in the case of monthly payments. | 2 weeks |
| Discretionary Grounds | Description | Notice Period |
|---|---|---|
| Ground 9 |
Suitable accommodation of the same type and quality has been offered to the tenant and refused. Note: The landlord is required to pay all (reasonable) removal costs if possession is granted. |
2 months |
| Ground 10 | The rent is in arrears but by no more than 8 weeks in the case of weekly payments or 2 months in the case of monthly payments. | 2 months |
| Ground 11 | The tenant is repeatedly late with payments or repeatedly fails to pay their rent until prompted by the landlord. | 2 weeks |
| Ground 12 | The tenant has breached any of the terms listed in the tenancy agreement. | 2 weeks |
| Ground 13 | The tenant has neglected or damaged the property, or they have sublet the property to another individual who has neglected or damaged the property. | 2 months |
| Ground 14 | The tenant is considered a nuisance to neighbours or other tenants and has received complaints concerning their conduct. | 2 months |
| Ground 15 | The furniture listed on the property inventory has been misused, damaged, broken or sold by the tenant or any individual living with them. | 2 months |
| Ground 16 | The property was let to the tenant as a condition of their employment but the employment has now come to an end. | 2 weeks |
| Ground 17 | The property was let on the basis of false information provided by the tenant. | 2 weeks |
For more information on the valid grounds to serve a section 8 notice, please call our solicitors on 0203 007 5500.
3. How to serve a valid section 8 notice?
When serving a section 8 notice, you must ensure that the notice has been served properly. In instances, where the notice hasn’t properly been served it can invalidate the notice.
Our eviction solicitors advice to serve a section 8 notice in one of the following ways:
- Personal delivery
- Left at address
- Recorded delivery
- Process server
- First-class post
Proof that you have served the notice is vital, especially if the eviction was to be contested and the case was taken to court. An example of proof maybe a neutral third party witnessing you handing the notice to your tenant.
4. What happens if the tenant doesn't leave?
The eviction notice date laid out in the section 8 notice isn’t when a tenancy legally ends but more of a date to urge the tenant to move out. In an instance where the tenant hasn’t left by the notice date, you will need to legally enforce the eviction to reclaim possession.
In an instance where your tenant hasn’t left by the date set out in the section 8 notice, you will need to apply for a possession order. If the tenant still hasn’t vacated the premises following the possession order, you will need to apply for a warrant of possession from the courts.
If the warrant of possession is approved, the court will issue the tenant with an eviction notice with a date that they must legally vacate the property by. If the tenant was to ignore this eviction date, a bailiff will go to your property and evict the tenants.
5. How much does it cost to get a section 8?
Evicting your tenant through a section 8 notice may be as straight forward as instructing a solicitor to draft and serve notice, and the tenant leaves by the notice date.
Generally, our solicitors will charge the following for section 8 matters:
| Service | Price | Disbursements | Notes |
|---|---|---|---|
| Draft and serve a section 8 (excluding nuisance grounds) | £400 plus VAT | N/A | We will need the tenancy agreement and the information supporting the ground for eviction. |
| Draft and serve a section 8 (nuisance grounds) | Consultation required | N/A | We will need the tenancy agreement and the information supporting the ground for eviction. |
| Issue standard possession claim | £1,000 plus VAT | £355 (court fee) | Disbursements may be higher if a barrister is required. This price includes completing the claim form, particulars of claim, witness statements, updated witness statements and preparing for the hearing and does not include court representation. |
| Apply for a warrant of possession | £300 plus VAT | £130 (court fee) | N/A |
| Serve and enforce section 8 | £1,700 plus VAT | £485 | This price does not include representation for the hearing. |
Recoverable costs – capped at £69.50 for legal fees and the court issue fee of £355. Although we’re offering fixed fees, we must make clear that this is subject to the notes. For any additional work outside of what our service outlines above, we will charge an hourly rate of £250 plus VAT.
6. Do you offer legal aid for eviction matters?
Few eviction solicitors offer legal aid and while we would love to, the government only appoints a tiny number of law firms to offer these services. So for the time being, we can only accept privately funded cases.
Need legal advice regarding a section 8 notice?
Tell us about your case, and we’ll get back to you the same day.
Meet our expert landlord and tenant team.
Paul Britton
Managing Director and Solicitor Advocate
Sophie Campbell-Adams
Head of Property Law
Patrick Murray
Trainee Solicitor
Rory Lindsay
Trainee Solicitor
Why Britton and Time Solicitors?
Issuing and enforcing valid section 8 notices is our speciality. If you are looking to serve a section 8 notice on your tenant, our solicitors will always guarantee:
Award-Winning Service.
You are our priority, and the law is our speciality. Our award-winning eviction solicitors ensure you know exactly where you stand from a legal perspective so a valid notice can be served.
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No fee surprises. Ever. Our eviction solicitors will inform you from the outset on how much your case will cost, and we will do everything in our power to keep costs down and within your original fee estimate.
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With fortnightly updates on your case, you’ll never be left in the dark. Our eviction solicitors ensure you know exactly how your case is progressing and are with you every step of the way.
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Need legal advice now regarding a section 8 notice?
Call, email or provide us with a few details of your matter, and we’ll be able to help you the same day.