What's a Section 8 eviction notice?

A Section 8 eviction notice is used by landlords to evict tenants when they have breached the terms of the tenancy agreement. Unlike Section 21, where no reason is required, Section 8 requires landlords to specify the grounds for eviction. Common grounds include rent arrears, damage to the property, or anti-social behaviour. It is essential to follow the legal process carefully, as tenants can challenge the notice if the grounds are not justified or the process has not been correctly followed.

What is the process for serving a Section 8?

Serving a Section 8 notice involves several key steps to make sure it is valid and enforceable. Landlords must identify the correct grounds for eviction and complete the required documentation. Here's an overview of the process:

Step 1 - Serve notice

Thorough review

Before serving a Section 8 notice, landlords should thoroughly review the tenancy agreement and any breaches that have occurred. It's vital to confirm that the tenant’s actions align with the grounds for possession listed in the Housing Act 1988 (Schedule 2).

Advise if necessary

If you are uncertain about whether your case qualifies under Section 8, seek professional advice.
Landlord Action's legal experts can assist you in understanding the grounds and evaluating your case.

Draft and serve notice

Once the grounds for eviction are clear, the Section 8 notice (Form 3) should be drafted with precise details. The notice must specify the grounds for possession, and it can be served in person or through a recorded method to make sure of receipt.

Step 2 - Issue claims

Draft claim

If the tenant does not vacate the property after the notice period, landlords must issue a possession claim in court. The claim must clearly outline the breach of tenancy and the grounds for possession under Section 8.

Court forms

The appropriate court forms, such as Form N5 (claim for possession) and N119 (particulars of claim), must be filled out and submitted to the court. Accuracy is crucial here, as any mistakes can lead to delays.

Preparing your claim

When preparing your claim, make sure to include all relevant documentation, such as the tenancy agreement and evidence of the breach (e.g. rent arrears records). This will support your case in court.

Instructing your advocate

If your case proceeds to court, it is advisable to instruct an advocate to represent you. This can help present your case effectively and increase the likelihood of a favourable outcome. Landlord Action can provide expert advocates experienced in possession claims.

Step 3 - Bailiffs

If the court grants a possession order but the tenant still refuses to leave, landlords will need to apply for a warrant of possession, allowing bailiffs to remove the tenant. This is the final step in enforcing the eviction.

What does a Section 8 look like?

A Section 8 notice is a formal document (Form 3) that must meet specific legal criteria to be valid. It includes details such as the property address, the grounds for possession, and the notice period. The notice must also clearly state that it is being served under Section 8 of the Housing Act 1988. Examples of a valid Section 8 notice can be found on our website.
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Frequently asked questions

Do I have to reference a Section 8 in my tenancy agreement?

No, you do not need to specifically reference Section 8 in your tenancy agreement. However, the grounds for possession under Section 8 must be based on breaches of the tenancy terms, which should be clearly defined in the agreement.

How much notice do I need to give the tenant?

The notice period for a Section 8 eviction depends on the grounds for possession. For rent arrears, landlords must typically give 14 days’ notice, but other grounds may require different notice periods. It's important to refer to the specific ground being used to determine the correct notice period.

Can't I just download a free form and serve a Section 8 myself?

While you can download a free Section 8 form, it’s important that it is filled out correctly and the process is followed meticulously. Errors in the form or the service process can invalidate the notice. Seeking professional advice from Landlord Action can help avoid costly mistakes.

Can I serve a Section 8 if my tenant has rent arrears?

Yes, rent arrears are one of the most common grounds for serving a Section 8 notice. Ground 8, for example, allows landlords to seek possession if the tenant owes at least two months' rent at the time of serving the notice and the court hearing.

Can I get any money owed back?

Yes, Section 8 notices can be used to claim possession due to rent arrears. You can also request that the court order the tenant to repay any money owed as part of the possession proceedings. However, if the tenant doesn’t pay voluntarily, you may need to take further legal action to recover the debt.

What is a Section 8 notice for possession?

A Section 8 notice for possession is served when a tenant has breached the terms of the tenancy agreement. The notice specifies the grounds for eviction, which could include rent arrears, damage to the property, or anti-social behaviour. The notice initiates the legal process for regaining possession of the property.

Request a call back for advice from our experts

If you're unsure about any aspect of serving a Section 8 notice, or if you need assistance with the eviction process, Landlord Action's team of legal experts are here to help. Request a call back, and we'll guide you through the process step-by-step. You can also read our guidance on Section 21 or Section 8, deciding which eviction action to take.
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