Section 8 Notice


What Is A Section 8 Notice

A section 8 notice operates under section 8 of the Housing Act 1988.  The Housing Act 1988 gives a landlord 17 grounds from which they can gain possession of his or her property.  

A section 8 notice is served on a tenant who has breached the terms laid out in his or her tenancy agreement with the landlord.  The most common breach by tenants is non-payment of rent.

When To Use A Section 8 Notice

As mentioned above a section 8 notice is served on a tenant where he or she has broken one or more of the grounds laid out in the tenancy agreement.  Of these the most common ground for a landlord to seek possession on is non-payment of rent.  

However there are other grounds where a landlord can seek possession.  These can include damage to the property, nuisance to neighbours, sub-letting etc.

When issuing a section 8 notice it is important that you serve it in the correct legal format and that it specifies the grounds that you intend to seek possession on.  

In the case of rent arrears you will need to show proof that the tenant is behind with their payments.  This is done by including a rent schedule which shows the missing payments.  

You will need to make sure that there are no errors on the section 8 notice as this will invalidate the notice and only prolong the possession process.

When seeking possession based on rent arrears a landlord will rely on either one or a combination of the following grounds:

•    Ground 8 – Eight weeks or 2 months rent arrears

Both at the date of the service under section 8 of this Act relating to the proceedings for possession and at the date of the hearing

(a)    if rent is payable weekly or fortnightly, at least 8 weeks rent is unpaid
(b)    if rent is payable monthly, at least 2 months rent is unpaid
(c)    if rent is payable quarterly, at least one quarters rent is more than 3 months in arrears and
(d)    if rent is payable yearly, at least three months rent is more than three months in arrears

and for the purpose of this ground rent means rent lawfully due from the tenant

•    Ground 10 – Rent arrears

Some rent lawfully due from the tenant

(a)    is unpaid on the date on which proceedings for possession are begun and
(b)    was in arrears at the date of the service of the notice under that section relating to those proceedings.

•    Ground 11- Persistent Delay In Paying Rent

Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Serve A Section 8 Notice Now 

Serve a legal section 8 notice now and be on the road to re-gaining possession of your property.  
 

You can view a sample Section 8 Notice here!!

Continue reading if you like to learn more about how to serve a  Notice to quit