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What is a Section 8 Notice?

A Section 8 Notice is part of the Housing Act 1988. Also known as the “Section 8 Notice to Quit” and the “Section 8 Possession Notice”, it is a document that must be used by a landlord to end an assured tenancy agreement and reclaim possession.

Why Might a Section 8 Notice be Issued?

A landlord is only permitted to issue a Section 8 Notice in the event that a tenant breaches the terms of the tenancy agreement. Most commonly, a Section 8 Notice is used when a tenant fails to pay rent. In total, there are 17 grounds for which a landlord can seek to evict a tenant in the Housing Act 1988 and 1996.

For a landlord to be successful in evicting a tenant with a Section 8 Notice, they will have to attend court and show adequate evidence that the tenancy agreement has been breached.

Why you Need to Understand Grounds for Eviction

Seeing as there are 17 distinct grounds for eviction, there could be several reasons for a landlord to strengthen their case. Furthermore, not only could more than one be applicable, but some could be more likely to speed up the process.

If proven, some breaches of the tenancy agreement can result in an automatic or mandatory eviction (grounds 1 - 8). These breaches may be considered “prior notice” grounds which means they can only be recognised if the tenant was informed that the landlord may one day reclaim the property, or if the grounds were written into the tenancy agreement. In other cases, breaches can be contentious and the court may be free to assess the situation at length before arriving at a decision.

Of course, some are easier to prove than others. For example, in the event of a rent arrears case, all that will be required is a rent schedule that highlights missing payments. But if the grounds for eviction was based on substantial damages or noise complaints, more evidence will be required in order to show sufficient evidence.

Section 8 Time Period

When the Section 8 Notice has been issued to the tenant (with proof of postage), depending on the grounds cited, the notice will expire within two weeks or two months.

During this time period, the tenant can attempt to resolve the issues. If they don’t, the landlord will be granted automatic possession.

The amount of notice given to the tenant to be evicted depends on the grounds cited and proved. However, if ground 14 is cited and proved, there is no waiting period and the landlord can reclaim possession immediately.

Drafting a Section 8 Notice

We can help you draft a Section 8 Notice and we’ll also serve it on your behalf for a small fee.

To discuss this please get in touch.

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