Section 8 Notice (notice to quit form)
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About this document
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.
As of 29 August 2020, the Government has amended the Coronavirus Act 2020, introducing various new notice requirements when serving a Section 8 notice. The form is updated to reflect the latest changes. The latest form also takes account of any extension under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020.
The notice complies with the Housing Act 1988 and the Housing Act 1996.
When to use this form
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 specific form of 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 this type of 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.
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 this 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.
- 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 prescribed 'guidance notes for landlords and tenants' required to provide to the tenant when serving the completed form.
This document was written by a solicitor for Net Lawman. It complies with current English law.
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