Section 8 Notice (notice to quit form)

A formal Section 8 Notice complying with the Housing Act 1988. Use this form to evict a tenant and gain possession of your property when there has been a breach of the tenancy agreement (e.g. non-payment of rent) before the end of the fixed term of the tenancy.

Suitable for use in: England & Wales
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About this Section 8 Notice

Use this Section 8 Notice to terminate an assured shorthold tenancy agreement during the fixed term when the tenant has breached one or more of the obligations in the tenancy agreement. The most common reason will be for late payment, or non payment of rent.

The law relating to this notice

This Section 8 Notice is updated on 1st December 2016 to take into account the changes brought in by the Immigration Act 2016. This Section 8 Notice complies with the Housing Act 1988 and the Housing Act 1996.

When to use this Section 8 Notice

This notice is suitable for a landlord looking to terminate an assured shorthold tenancy agreement for a property in England or Wales.

A landlord cannot evict a tenant without obtaining a court order for possession first. Before applying to court, he or she must have served a Section 8 notice on all tenants.

The grounds under which the landlord may serve a notice to quit are laid out in the Housing Act in detail. We have included a full list in the guidance notes to this document alongside the explanatory notes on how to complete the notice. The most common reasons for serving a Section 8 notice are non-payment or late payment of rent, damage to the property or its contents, or disturbance of neighbours and other local residents. However, it can be used in the case of any breach of agreement and several other more esoteric cases as well.

If the tenancy is at an end and the landlord seeks possession, a Section 21 notice should be used instead. A Section 8 notice is only suitable if the fixed term of the tenancy has not ended.

The notice period required before the tenant can be evicted depends on the grounds for eviction and varies between two weeks and two months (except in the case of antisocial behaviour).

Serving a Section 8 Notice does not mean that the landlord must take the tenant to court. It can be used as an effective warning to the tenant that the agreement has been breached and that if there is a further breach you may take action.

Section 8 Notice features and contents

  • Recognised by courts: follows the official prescribed format
  • Can be used to warn tenants that you recognise a breach of agreement
  • Use to obtain a possession order and a money order
  • Includes a last arrears letter to be served with the form
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current English law.

UK-PRrnt03 - Section 8 Notice (notice to quit form) (Suitable for use in: England & Wales)

 
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