Section 8 notices can be used to evict tenants on an assured short-term tenancy in England and Wales who have broken the terms of their tenancy. You might also know them as no-fault evictions. In this guide, we’ll cover the process for landlords, requirements, and legal considerations of serving a Section 8 notice.
We’ve written this guide for:
Landlords
Property managers
Why Do Landlords Use Section 8 Notices?
Landlords use Section 8 notices to terminate a tenancy agreement early when tenants breach their rental obligations. This legal tool is part of the Housing Act 1988 and allows landlords to regain possession of their property.
When Can They Be Served?
Section 8 notices are commonly served when tenants fall behind on rent. For rent arrears to be a mandatory reason for possession, payments must be late by 2 months if rent is paid monthly, 8 weeks if paid weekly, or 3 months if paid quarterly or annually. Other grounds, such as property damage or anti-social behaviour, may also trigger a Section 8 notice.
What are the Grounds for a Section 8 Notice?
Under the Housing Act 1988, there are eight 'mandatory' and nine 'discretionary” grounds for eviction. During the court process, mandatory grounds must be upheld. However, if a Section 8 notice is based on discretionary grounds, the court will need to fully assess how reasonable the claim is.
Ground 1: Owner occupation
Ground 2: Repossession by lender
Ground 3: Out-of-season holiday let
Ground 4: Lets to students by educational institutions
Ground 5: Minister of religion
Ground 6: Redevelopment
Ground 7: Death of assured tenant
Ground 7A: Anti-social behaviour
Ground 7B: No right to rent
Ground 8: Serious rent arrears
Ground 9: Suitable alternative accommodation
Ground 10: Rent arrears
Ground 11: Persistent delay in rent payments
Ground 12: Breach of tenancy obligation
Ground 13: Deterioration in the condition of the property or common parts
Ground 14: Nuisance, annoyance, illegal or immoral use of the property
Ground 15: Deterioration of furniture
Ground 16: Employee of landlord
Ground 17: Recovery of possession where the grant is induced by a false statement
What Are the Mandatory Grounds for a Section 8 Notice?
Mandatory Grounds cover Grounds 1 to 8. If one of these grounds is cited on a Section 8 form, the court must grant possession to the landlord (as long it is satisfied that the conditions have been met).
What Are the Discretionary Grounds for a Section 8 Notice?
Discretionary Grounds covers Grounds 9 to 17. For these cases, the court can only grant possession if it feels it is reasonable to do so. Typically, the court must decide if the landlord has proven that the ground applies and that a possession order is required.
Top Tips to Serve a Section 8 Notice for Landlords
A Section 8 notice needs to be served correctly to be enforceable. Under Section 8 of the Housing Act 1988, a Section 8 notice needs to fulfil several criteria to be considered as correctly served and enforceable.
The notice should be served using the correct form (Form 3: Notice Seeking Possession) and include all the relevant details about the property, including its full address, names of all the tenants and grounds for eviction.
2. Use the Correct Notice Period
The correct notice periods for different grounds must be given, this can be anywhere from 2 weeks to 2 months. After the expiry of the notice period, the notice should give a date on which the court action can commence.
3. Avoid Common Mistakes
Be careful to avoid common mistakes found on section 8 notices or your notice may not be valid. Common mistakes include:
Failing to include the correct names of all parties, especially in a joint tenancy agreement
An inaccurate notice end date
Failure to use the most up-to-date form
Failing to give the full address of the property
Legal Process for How to Serve a Section 8 Notice
The Section 8 eviction process follows a series of legal steps. Below is the step-by-step guide for serving and executing a Section 8 eviction notice correctly.
1. Grounds for Eviction
Identify the appropriate grounds for eviction. Common reasons include rent arrears, property damage, or anti-social behaviour.
2. Serve the Section 8 Notice
The landlord serves the Section 8 notice (Form 3) to the tenant, stating the reason for eviction and the relevant grounds.
3. Provide Correct Notice Period
The notice period varies depending on the grounds for eviction. For rent arrears (Grounds 8, 10, and 11), the notice is usually 14 days. For other grounds, it could be longer (for example, 2 months for anti-social behaviour).
4. Court Application
If the tenant does not leave after the notice period, the landlord can apply to the court for a possession order.
5. Court Hearing
A hearing is scheduled where both landlord and tenant present their case. The court will decide whether to grant a possession order based on the evidence provided.
6. Possession Order
If the court grants a possession order, it typically gives the tenant 14 to 28 days to vacate the property. And in very severe cases, this can be reduced to as little as 7 days.
7. Warrant for Possession
If the tenant still refuses to leave, the landlord can request a warrant for possession.
8. Final Eviction
Bailiffs execute the warrant for possession, physically removing the tenant from the property. This is the final step in the process, ensuring the landlord regains full possession.
What Happens if a Tenant Disputes a Section 8 Notice?
When tenants dispute a Section 8 notice, they will usually get legal advice to help them determine a claim. Tenants can get free legal advice through the homelessness charity Shelter. A legal representative will help a tenant check whether their notice is valid, if it isn’t they will help represent them in court.
Section 8 Notices and Possession Orders
If a tenant does not vacate following a Section 8 notice, then legal proceedings can be launched. A landlord can issue court proceedings to begin a possession claim. A court hearing before a judge will be arranged. The court will then issue a court date and present the papers to the tenant.
There are different court orders and judgments possible following a decision by a judge. A landlord can ask the court for a possession order when a Section 8 notice ends. A possession order means a tenant must be evicted, though tenants can challenge their eviction when the details on a Section 8 notice are wrong.
Possession orders can be enforced by the Enforcement Agent working for the County Court under the warrant to evict a tenant. A warrant of possession can also be enforced by a High Court Enforcement Officer after a writ of possession is obtained in the High Court.
Can a Section 8 Notice be Combined with a Section 21 Notice?
Yes, a landlord can file a Section 8 and Section 21 notice at the same time. However, they need to be served independently of each other. A landlord may serve a section 8 notice when a tenant is behind on rent. Even if the rent is paid the landlord may then file a section 21 notice if they have a legitimate reason for wanting the property back – that isn’t to do with the non-payment of rent.
How Long Does the Eviction Process Take After Serving a Section 8 Notice?
It should take between 3 to 8 weeks between sending a section 8 notice and a court date being arranged to decide the matter. From then the tenant will be given a notice period, typically of 2 weeks.
They may make a defence, which they need to have started before these 2 weeks are up. A new court date should be organised within the next week. Taking the overall time to 9 weeks. If the court rejects their appeal, most tenants will leave. If not, you’ll have to wait for bailiffs to evict tenants, this can take a further 4-6 weeks.
Can a Section 8 notice be served during the fixed term of a tenancy?
Yes, unlike section 21, a section 8 notice can be served during the fixed term of a tenancy. This means that as a landlord, you don’t have to wait for the fixed term of the lease to expire. Most assured shorthold tenancies are on fixed terms, typically 6 months or 12.
Legal Services for Section 8 Notices
At Lawhive, we have many expert landlord and tenant solicitors who can offer legal guidance and advice on serving Section 8 notices. Whether you’re uncertain which ground for eviction applies to your case or want help with getting a Protection Order, we can help. Contact us for a free consultation today.
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