| Section 8 notices |
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| Looking for a Section 8 notice? |
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| This page is sometimes reached by people looking for notices rather than information. If you are looking for a copy of our Section 8 notice, you can find it at Section 8 notice (Notice to quit form). |
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| Introduction |
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| The article explains what a Section 8 notice is, when to use one and how to use one. |
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| What is a Section 8 notice? |
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| A Section 8 (s8) notice is a written statement from the landlord to the tenant that he wishes to regain vacant possession of the property. It is called a Section 8 notice because the requirement for the landlord to serve notice in the prescribed way is a provision of Section 8 of the HA 1988. It is also sometimes called a Notice of Seeking Possession or ''Form 3". |
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| Section 8 notices are only required for ending Assured Shorthold Tenancies. They are not appropriate for other types of leases such as commercial property leases, or for residential licences to occupy. The Housing Act 1988 (HA 1988) applies only to England and Wales, so s8 notices should not be used in Scotland or Northern Ireland. |
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| Evicting tenants and gaining possession |
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| The HA 1988 gives tenants with assured shorthold tenancies certain rights. One of these is the right to occupy the property for the full fixed term set out in the lease. The only way a tenant can be evicted before the end of the fixed term is by the "Section 8 route", and only if landlord has one or more valid grounds for possession. Otherwise, the landlord cannot force the tenant to move out earlier than the date that the fixed tenancy ends. |
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| If there are valid grounds for possession (i.e. the tenant has done something wrong), the landlord must serve the tenant a Section 8 notice and wait for at least two weeks before applying to the court for order to quit. The tenant may move out immediately, or may wait for court proceedings to begin, or may wait for judgement. |
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| If there are no grounds under Section 8 (i.e. the tenant hasn't done anything wrong), the landlord can only gain possession before the fixed period ends by mutual agreement with the tenant. For example, the tenant might agree to move out early in return for a reduction in rent for the last two months. Similarly, the tenant could also negotiate to end the contract early (for instance, if there is no break clause). |
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| A s8 notice is a useful device for collecting rent arrears. It costs nothing to issue (except postage) and can be withdrawn (in a further letter) if the tenant subsequently pays his rent. |
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| Section 21 or Section 8? |
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| It is also possible to give a tenant notice using a Section 21 notice, but only if the fixed term of the lease has finished. |
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| Many landlords with problem tenants prefer the Section 21 route because it is simpler and faster. The Section 21 route takes at least two months, whereas the Section 8 route takes at least three. Serving a s21 notice is less aggressive and may not antagonise the tenant to continue being difficult. |
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| The Section 8 route can only be followed if there is a valid ground for possession (i.e. the tenant has done something wrong). |
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| Breach of agreement by tenant |
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| The most common ground for possession will be for non-payment of rent. However, any breaches of the terms of the tenancy agreement justify possession proceedings (for example, damage to the property or nuisance to neighbours). |
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| The court will require that you or your agent is able to show adequate evidence or proof of the default before it will order the tenant to move out. |
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| Grounds for possession |
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| The HA 1988 defines 17 grounds that the landlord may use to recover possession. These grounds are laid down in Schedule 2 of the Act. It is important when using the section 8 route that you understand the different grounds. The grounds are simply the reason for your wanting possession. The first 8 grounds are ‘mandatory’. This means that if you can show that one of these grounds applies, the court must give possession. The remaining grounds are ‘discretionary’. This means that the court will not necessarily give possession, but will look at the whole situation and only then give a judgement. |
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| The most common grounds are for rent arrears which are covered in three grounds, 8, 10, and 11. Usually, it is best to choose all three, if the tenant is in sufficient arrears to choose ground 8, (being mandatory). Be sure to read the grounds carefully and decide which ones you wish to include in your notice. We provide the exact wording of each ground in the notes to the Section 8 notice we sell. |
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| Ground 8 |
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| Ground 8 is a the most common ground to use and a mandatory one - the court must grant possession if this ground is proved. However, the drawback with relying on this ground alone is that the tenant can pay off part of the arrears shortly before the hearing, which means it can no longer be proved and thus the possession proceedings will have to be abandoned. When claiming possession it is often a good idea to cite more than one ground in your claim. |
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| How long does it take to remove the tenant? |
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| There are normally significant delays involved in the standard court possession procedure. The actual time taken to force a tenant to give up occupation will depend at which step of the proceedings the tenant is motivated to move. The defaulting tenant may decide to move once he receives a court summons. Others may wait until judgement is given, or at worst, until evicted by the bailiff. |
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| Each step involves further delay and the entire process can generally take between three to five months from start to finish. Cases can be fast track, multi-track or small claims (if both parties agree). The rules indicate that the following will be considered in determining allocation: |
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the amount of rent in arrears; |
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the importance of the defendant retaining possession (perhaps because the tenant is a single parent with vulnerable dependents); and |
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the importance of vacant possession to the landlord. |
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| The following delays are usual: |
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Notice of proceedings: minimum 14 days |
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Average time between filing proceedings and hearing date: 2 months |
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Possession order (if granted as an absolute order): 14 days |
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| How to serve a Section 8 Notice |
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| To start proceedings, you must first tell the tenant that you wish to seek possession using a s8 notice. It must be served in the prescribed form. This means that certain information must be included. If information is excluded then a court could end the possession action. |
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| The notice could be included with a final rent reminder letter. Note: we provide a final rent demand letter with the Net Lawman Section 8 notice. |
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| Service of the Notice |
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| The notice can be served by post or in person. If there is more than one tenant, the notice must be served on all tenants using the full names as on the lease. We suggest giving a separate copy of the notice to each. We suggest that a colleague witnesses the sending of the notice. |
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| The courts will recognise the day of postal service as the day on which the letter would normally have arrived. When using postal service, we recommend that the notice is sent by either registered or recorded delivery and that a minimum of three working days is allowed for the notice to arrive. Make sure you keep receipt of sending as well. |
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| Possession Proceedings |
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| Once you have issued a section 8 notice on your tenant, you are required to wait until the notice has expired - this is the date you give on the notice and a minimum of 14 days. |
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| If the tenant has not vacated the property, or paid up rent arrears by this point, then you will have to start court possession proceedings. You should obtain the appropriate forms from your local court (forms N5 and N119). There is a court fee to pay. |
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| Further information |
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| We have an article on Section 21 notices that may also be useful to you. |
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