Section 8 notices

What is a section 8 notice?

A section 8 notice is a formal notice served by a landlord to a tenant when the landlord seeks possession of their rental property based on specific grounds outlined in the Housing Act 1988. Unlike a section 21 notice, which allows landlords to regain possession without providing a reason, a section 8 notice requires the landlord to specify a valid ground for eviction. These grounds can range from non-payment of rent to causing damage to the property or engaging in antisocial behaviour.

What is the difference between a section 8 and a section 21 notice?

A section 8 notice and a section 21 notice are both legal tools used by landlords in the UK to evict tenants, but they serve different purposes:

• Section 8 notice: Used when the tenant has breached the terms of the tenancy agreement, such as not paying rent or causing damage. The landlord must specify the grounds for eviction, and the tenant can contest these in court.
• Section 21 notice: Known as a "no-fault" eviction, it allows landlords to regain possession of the property at the end of a fixed-term tenancy or during a periodic tenancy without needing to provide a reason, as long as legal procedures are followed.

Both notices have specific legal requirements and processes that must be adhered to for the eviction to be valid.

Why do landlords use section 8 notices?

A landlord can use section 8 notices to evict tenants who have breached the terms of their tenancy agreement. Common reasons include non-payment of rent, property damage, or antisocial behaviour.

The section 8 notice allows landlords to specify the grounds for eviction and seek a possession order from the court if the tenant does not rectify the issue or vacate the property within the given notice period. This legal tool provides landlords with a way to address serious issues that affect their property or income.

Grounds for serving a section 8 notice

Schedule 2 of the Housing Act 1988 outlines the grounds under which a section 8 notice can be served. These grounds are divided into two categories: mandatory and discretionary.

Mandatory grounds

If a landlord serves a section 8 notice based on a mandatory ground, and the ground is proven, the court must grant a possession order. Common mandatory grounds include:

• Ground 8: This is one of the most frequently used grounds and applies when the tenant has substantial rent arrears. Specifically, if the tenant owes at least two months' rent if paid monthly, or eight weeks' rent if paid weekly, at both the time of serving the notice and the court hearing, the court must grant possession.
• Ground 1: The landlord previously lived in the property as their main home and intends to return to it.
• Ground 2: The property is subject to a mortgage, and the mortgagee is entitled to sell it.

Discretionary grounds

Discretionary grounds allow the court to decide whether to grant possession based on the circumstances. Common discretionary grounds include:

• Ground 10: The tenant has some rent arrears, but not enough to meet the threshold for ground 8.
• Ground 11: The tenant has consistently been late in paying rent, even if they are not currently in arrears.
• Ground 12: The tenant has breached some other aspect of the tenancy agreement, such as keeping pets without permission.
• Ground 13: The tenant has caused damage to the property or its contents.
• Ground 14: The tenant or someone living with them has caused a nuisance or engaged in antisocial behaviour and that person has been convicted of an offence.

Serving a section 8 notice

When serving a section 8 notice, it's vital to follow the correct legal procedures to ensure the notice is valid and enforceable. Here are the key steps involved:

Drafting the notice

The section 8 notice must be drafted on the prescribed form (Form 3) and must clearly state the grounds on which the landlord is seeking possession. The notice should include details such as the tenant's name, the property address, and the date the notice is served. Additionally, it must specify the exact grounds for eviction and provide sufficient evidence to support the claim.

Notice period

The notice period for a section 8 notice varies depending on the grounds being used. For most grounds, such as ground 8 (rent arrears), the notice period is two weeks. However, for certain grounds, such as ground 1 (the landlord intends to live in the property), the notice period is two months. It's important to note that if the tenant rectifies the issue during the notice period (for example, by paying off rent arrears), the landlord may not be able to proceed with the eviction.

Serving the notice

The notice must be served to the tenant in a manner that can be proven, such as by hand delivery or first class post. It’s advisable to keep a copy of the notice and obtain proof of service, as this will be necessary if the case proceeds to court.

How to serve a section 8 notice?

To serve a section 8 notice, follow these steps:

1. Fill out the prescribed form 3, clearly stating the grounds for eviction as expressed in Schedule 2 of the Housing Act 1988.
2. Ensure you have supporting evidence for the grounds you’re citing, such as rent arrears records or evidence of property damage.
3. Serve the notice to the tenant either in person, by post (preferably first class post), or by email if allowed by the tenancy agreement.
4. Retain proof of service and a copy of the notice for future reference, especially if the case goes to court.

What happens after serving a section 8 notice?

If the tenant does not comply with the notice (e.g., by vacating the property or addressing the breach), the landlord can apply to the court for a possession order. The court will then schedule a hearing where both the landlord and tenant can present their cases.

At the hearing, the judge will consider the evidence and decide whether to grant a possession order. If the notice was served based on a mandatory ground and the landlord has provided sufficient evidence, the court is likely to grant the order. For discretionary grounds, the judge will weigh the circumstances and may either grant possession or allow the tenant to remain in the property, possibly with conditions.

How long does a section 8 eviction take?

The time it takes to complete a section 8 eviction in the UK can vary. Typically, the process can take around wo to six months, depending on factors such as court availability, the tenant’s response, and whether the tenant contests the eviction. The process includes serving the notice, waiting for the notice period (usually two weeks), applying for a possession order, and possibly attending a court hearing. If granted, the landlord may need to enforce the order through bailiffs, which can add additional time.

Defending against a section 8 notice

Tenants have the right to defend against a section 8 notice, particularly if they believe the landlord has not followed the correct procedures or if the grounds for eviction are disputed. Common defences include:

• Challenging the grounds: The tenant may argue that the grounds cited by the landlord are not valid or that the evidence is insufficient.
• Incorrect procedure: If the landlord has not followed the correct legal procedures, such as serving the notice improperly or using the wrong form, the tenant may have grounds to challenge the notice.
• Disrepair claims: If the tenant can prove that the landlord has failed to maintain the property, they may counterclaim for disrepair, which can delay or prevent eviction.

Implications for landlords and tenants

A section 8 notice can be a powerful tool for landlords, particularly in cases of severe rent arrears or serious breaches of the tenancy agreement. However, it is essential to use it correctly to avoid legal challenges. For tenants, receiving a section 8 notice can be alarming, but it is important to understand that they have rights and potential defences that can be raised in court.

What makes a section 8 invalid?

A section 8 notice can be rendered invalid for several reasons, including:

1. Incorrect form: Not using the prescribed Form 3 or not filling it out correctly.
2. Insufficient notice period: Failing to provide the correct notice period, which varies depending on the grounds used.
3. Improper service: Not serving the notice to the tenant in a provable manner (e.g., first class post or hand delivery).
4. Grounds not proven: The grounds for eviction (e.g., rent arrears) are not substantiated with evidence.
5. Incorrect details: Errors in tenant information or property details.

Ensuring all legal requirements are met is essential to avoid invalidating the notice.

Why choose our solicitors for section 8 notices?

Navigating the complexities of section 8 notices requires expert legal knowledge and careful attention to detail. At Stephensons, our team of experienced solicitors is well-versed in landlord and tenant law, and we are committed to helping landlords and tenants alike understand their rights and obligations.

For landlords, we offer comprehensive support in drafting, serving, and enforcing section 8 notices, ensuring that the process is handled smoothly and in compliance with the law. For tenants, we provide robust defence strategies to challenge unfair or improperly served notices, protecting your rights and helping you achieve the best possible outcome.

Contact us

If you need assistance with a section 8 notice, whether you're a landlord seeking possession of your property or a tenant facing eviction, our expert solicitors are here to help. Contact us today on 0161 696 6170 to discuss your case and receive tailored legal advice and support.