Section 8 Notice
As experienced advisors in landlord and tenant matters, we can review your circumstances, identify the most appropriate Section 8 grounds for possession, and serve the notice on your behalf.
A mistake at this stage can lead to delays, additional costs, or difficulties later in the court process. If you are unsure how to serve a Section 8 notice or which grounds apply to your situation, we can help.
Changes To The Eviction Process
The requirements, notice periods and grounds available will depend on your circumstances. Obtaining the correct advice before serving notice can help avoid unnecessary delays and improve the prospects of a successful outcome.
Common Section 8 Grounds For Possession
NOT ALL THE GROUNDS ARE MANDATORY AND SOME REQUIRE NOTICE PERIODS BEFORE COURT PROCEEDINGS CAN BEGIN.
Ground 1—
Owner Occupier
This ground may apply where the landlord previously gave notice that they may wish to return to live in the property as their only or principal home.
It may also apply where the landlord’s spouse or family member intends to occupy the property as their principal residence. Specific requirements apply and evidence may be required.
Ground 2—
Repossession by Mortgagee
It is important that you keep a copy of the notices that have been served and how it was served. You must also be able to present this to the court just in case the tenant denies receiving the notice.
The next step is sometimes quite confusing for Landlords and if not dealt with correctly may result in you not being successful in court.
Ground 8—
Rent arrears
Ground 8 rent arrears remains one of the most commonly used Section 8 grounds for possession.
At both the date the Section 8 notice is served and the date of the possession hearing:
- Rent payable weekly or fortnightly must be at least 13 weeks in arrears.
- Rent payable monthly must be at least 3 months in arrears.
- Rent payable quarterly must be at least one quarter in arrears and more than 3 months overdue.
- Rent payable yearly must be at least 3 months in arrears.
Ground 8 is often used where landlords need to recover possession because of significant rent arrears.
Ground 10—
Rent lawfully due
This ground may be used where rent is unpaid at the date the Section 8 notice is served, even if the arrears do not meet the threshold required under Ground 8.
Ground 11—
Persistent delay
This ground applies where a tenant has repeatedly paid rent late, even if they are not currently in substantial arrears.
Ground 12—
Breach of obligation
Ground 12 may apply where the tenant has breached the terms of the tenancy agreement other than by failing to pay rent.
Ground 14—
Nuisance and annoyance
This ground may be available where a tenant has caused nuisance or annoyance, engaged in anti-social behaviour, or used the property for unlawful purposes
Ground 17—
False statement
This ground may be used where a tenancy was granted based on false information or misleading statements provided by the tenant.
What Happens After The Notice Is Served?
If the tenant does not leave after the notice period expires, the next step is usually to apply to the court for possession. We can advise on the process, prepare the required documentation, and assist throughout the proceedings.
We’re here to help
REQUEST AN INITIAL CASE REVIEW
Whether you need advice on a Section 8 eviction, assistance serving notice on a tenant, or guidance on the Section 8 notice requirements that apply to your situation, our team is here to help.
Call 020 3540 4444 to discuss your case or request an initial review.