Section 8 Form- Evicting Tenants

What is a section 8?

A section 8 is used to terminate an Assured Shorthold Tenancy Agreement during the fixed term because a tenant has breached the tenancy agreement (e.g fallen into rent arrears).

In order for the section 8 to be valid, the landlord must rely on certain grounds set out in Schedule 2 to the Housing Act 1988.

The amount of notice required to be given to the tenant will vary depending on which Ground you want to evict the tenant on. If the landlord is relying on ground 2, two months’ notice must be given. If the landlord is relying on grounds 8, 10, 11, 12, 13, 14, 14A, 15 or 17, two weeks’ notice must be given.

If the Landlord is evicting a tenant on Grounds 2 and 8, then the court has no choice but to award possession to Landlord- that is mandatory. The other grounds are discretionary and the court will only award possession if it is reasonable to do so.

Once the Tenant receives the Notice

Once then Tenant receives the section, they have 14 days to respond. Once the Section 8 notice has expired and if the tenant has not paid you the rent due or moved out of your property, you may apply for a hearing at a County Court.

Here’s more information on Evicting Tenants.

The Grouds For Eviction

Depending on which Ground the eviction is being based on, it will need to be stated in the section 8 form.

Ground 2
The property is subject to a mortgage which pre-dates the tenancy and the lendor wishes to exercise its rights over the property, i.e. repossess it. A notice under this ground must be served before the creation of the tenancy.

Ground 8
At the date of service of the notice and at the date of the hearing, the tenant has not paid the rent, and either rent is payable weekly or fortnightly and at least eight weeks’ rent is unpaid; or rent is payable monthly and at least two months’ rent is unpaid; or rent is payable quarterly and at least one quarter’s rent is more than three months in arrears.

Note: When claiming possession under this ground, it is advisable to cite more than one ground since, if the tenant pays off part of the arrears shortly before the hearing, this ground can no longer be proved and possession proceedings will have to be abandoned. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice.

Ground 10
Any amount of rent is in arrears at the date of service of the notice and remains unpaid on the date on which the proceedings for possession are begun.

Ground 11
The tenant has repeatedly failed to pay rent.

Ground 12
The Tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent).

Ground 13
The property has deteriorated due to neglect by the tenant or by someone living with him and the tenant has failed to remove that person.

Ground 14
The tenant or someone living with him has caused a nuisance to neighbours, visitors or others in the locality or has been convicted of using the property for immoral or illegal purposes or has been convicted of an indictable offence committed in the locality.

Ground 14A
The property is occupied by a couple and one of them has left due to violence or threats of violence from the other partner or from a member of that partner’s family who was living in the property also. This notice can only be used by a registered social landlord or a charitable housing trust. The tenant who has left must also be sent this notice.

Ground 15
The furniture has been ill-treated by the tenant or by someone living with him and the tenant has failed to remove that person.

Ground 17
The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant’s instigation.

Download

Here’s a copy of the Section 8.
Section 8 Form

Professional help

Regardless of what is writen in this article, or my entire website, I strongly recommend seeking professional advice before attempting to evict a tenant. Landlord law is an extremely complex area and each case can vary depending on circumstances.

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Talk / 29 Comments

Andi wrote this on 2009-02-17 13:32:28 We have tenants in our property that is rented out. They have not paid their rent of £600 per month since October 2008.

I am now pregnant and although we have been staying with my partner's parents, there is no space in their house for the baby and we therefore need the property that we have rented out back as we have no where else to live and will be homeless ourselves. The baby is due in May 2009.

We have been dealing with a letting agent who verbally served notice to the tenants on 5 January 2009. We have not received any copies of paperwork relating to the eviction despite asking for them.

Should we use section 8 or 21 and how do we go about dealing with this? 1

The Landlord wrote this on 2009-02-17 14:24:51 Hey Andi,
You need to serve a section 8 because your tenants are in breach of contract, consequently you're actually evicting them.

Serve your tenants a section 8, they'll have 14 days to respond. All the appropriate info is explained above, along with in another article, evicting tenants

Good luck, I wish you the best.

Kind regards 2

Krishna wrote this on 2009-07-07 13:04:16 We have issued a Sect 8 and Sect 21 notice to our tenants. They have until the 13th july to clear 3 months rent otherwise we will have to apply to the court. Just from the information above, I have only got Sect 8 on the grounds of rent not paid but they are also causing nuisance to the neighbours and I have two letters to back this up from the management company. Can I use this in court even though its not been mentioned on the Sect 8 notice or do I have to issue the notice again?

Also the tenant is now claiming Housing Benefit and I have written the letter to the council to pay us direct, does the court favour such tenants more? 3

Jay wrote this on 2009-07-12 10:13:58 I have a tenant who has not paid rent and claims that they want the deposit to be used. This is not acceptable so what do i pursue with a section 8? 4

Howard Kent (Solicitor) wrote this on 2009-09-24 16:40:01 Whenever there is a dispute with a tenant and you are thinking about issuing proceedings for eviction it is always prudent to cover as many possible options in the notices that you serve.

Section 8 Notices

In the case of section 8 notices I would recommend you get them professionally drafted so as to avoid costly challenged based on a technicality which could invalidate any subsequent proceedings and land you with a bill for the tenant's and your own legal costs.

If the tenant, has for example, breached the tenancy by keeping a dog when this is prohibited then I would recommend issuing a Section 8 Notice on this ground as well as any rent arrears to as to maximise prospects of success.

I always recommend that a Section 21 Notice is served when you can give notice pursuant to the tenancy as if there is a dispute over the rent due, or other breach, you are almost guaranteed possession based on the Section 21 notice having expired.

For further information please contact me, Howard Kent Partner and Solicitor of Debenhams Ottaway, a specialist in landlord and tenant.

hk@dolegal.co.uk 01727 837161. 5

donna Johansen wrote this on 2009-09-29 13:01:31 I have a bad tenent that owes me over two months rent and his tenency agreement is also coming to an end. I have been informed that recovering the rent arrears looks very doubtful and to add to this he is claiming housing benefit which i am now obtaining a on-going monthly rent from as his claim was sucessful, however when he first moved in he wasnt able to apply to claim housing benefit due to him not being awarded other benefits. Once he had sorted his issue out he did apply and got his on going claim granted however his claim for back date was refused as the benefits agency informed him he hadnt followed the correct procedures and timescales thus no back date given and him still owing rent. I dont understand if i wont get the rent arrears back from him why i should pay a fortune to proceed in that manner why not just complete the 21 and if he doesnt vacate just take him to court via a SPP or an APP? SUREY THIS WOULD BE A CHEAPER OPTION? please advice on the advice ive been given as it was a sales call from a firm who specialises in this feild. 6

Howard Kent (Solicitor) wrote this on 2009-09-30 08:22:59 If you are resigned to writing off any rent arrears owed by your tenant, then S 21 would be the cheaper option. S 8 is more useful where the tenancy still has a long time to run e.g where you have a defaulting tenant 3 months into a 12 months tenancy. Hope this helps 7

jaime Ramos wrote this on 2009-09-30 15:34:28 I have some tenants, their contract expired since january of 2008 , they never came to renew their contract and havent done so, they never pay there rent on time and they owe tgis months and last months rent, ive gotten tired of talking to them and i try to locate them at the home and they are never there, but there are like four other people living there, what should i do? if they are never there how can i serve them an eviction??should i go to the court? thank you 8

Howard Kent (Solicitor) wrote this on 2009-09-30 16:04:21 Don't demand or accept rent from anyone except the named tenant. T is in default with rent so you can serve a Section 8 notice at the last known address i.e the premises address but make sure you or someone else delivers the S 8 by hand. The section 8 can also specify a further breach by T namely unauthorised/unalawful sub-letting and/or parting with possession.

If you are not bothered about the rent you can hand deliver a Section 21 Notice but make sure you use the correct form of notice i.e the one for a periodic tenancy - it's also vital you give the correct period of notice, and if in doubt take legal advice 9

Will wrote this on 2009-10-26 14:01:27 I am relocating back to the UK and would like to go back to living in my flat that I am currently letting out. If I serve a section 8 on ground 1 and after 2 months it goes to court, I understand that the tenants will be ordered to give up possession, but are there any strings? Would I be liable for paying up the contract and how long will the judge give the tenants to leave? Thanks 10

SHARON wrote this on 2009-10-29 13:20:18 I have a tenant who is a week behind paying this months rent, she was also 2 weeks late paying last months and it was not the full amount, she will not answer my calls or the door when i know she is in the house, her shorthold 6month tenancy is up in november and i want her out then.
What should i do next? do i serve her with the S21 or S8?
Thank You. 11

Jay wrote this on 2009-10-29 16:22:09 Hi Sharon

Your tenant does not seem to be 2 months in arrears therefore as far as I am aware sec 8 does not apply but i believe you can apply for a s21 order on grounds for possession. I am no expert but i know someone who is and i advise you take a look at LANDLORD ACTION.

Anyone in trouble should have a look there, Paul is one of the best in the business at getting rid of unwanted tenants as well as recovering costs 12

The Landlord wrote this on 2009-10-29 16:36:50 Hey Sharon,

You can't serve a section 8 because you have no grounds to evict her on. But you should serve a section 21 (notice to quit), then she'll have to leave at the end of 2 months. But hopefully she'll leave when the contract is up at the end of November without any fuss.

On a sidenote, I wouldn't go knocking on her door, as she can claim you're harressing her. You need to give your tenant 24 hours notice :)

Good luck! 13

Anne wrote this on 2009-11-09 18:16:49 My tenant has not paid last months rent and has not made any attempts to answer any of my calls, emails or tx. Also as I could not get hold of him and the neigbours have informed me that he has left I went to the property, it appeared empty his car was not in the drive and no lights on. When I entered his belonging as some of mine were gone, only a few things of no vaule left. Also my back door patio window had been broken and so badly damaged that the whole unit has to be replaced.

Also there is more damage to the inside of the property. I called the police who arrived me to secue my property as I could not say whom had caused the damaged. The police tracked him down at his work address and he admitted causing the damage.

He still insists he is my tenant how do I get rid of him before he does more damage to my property and cost me more money?

Please any advice gratefull, I am 15wks pregnant and I don't want to loose my baby because of this stress 14

jools wrote this on 2009-11-09 20:09:09 Hey Anne,

sorry to hear this a****le is causing you problems.

Contact Landlord Action - they seem to be quite good at getting stuff like this sorted. never used them and dont know what they cost but it seems that it would be cheaper to let them deal with is as opposed to becoming ill over this idiot!

Hope it gets sorted.

Jools 15

Krishna wrote this on 2009-11-09 20:24:19 Hey Anne.

Sorry to hear that u have to go through this. I am also 20 Weeks pregnant and had to go through this. We used landlord action. They made few mistakes with our form so the whole thing got delayed. We isuued sect 8 notice on basis of rent not paid. But its def worth calling them n getting free advice..so u can be clear on what grounds to use to kick them out. Then use their advice n try a solicitor to get second opinion. All this shouldn't cost a thing. But just do ur research n be patient dear. Nothing n no one is worth u being upset over at this stage.

Krishna 16

Christine wrote this on 2009-11-12 12:55:32 My tenants have left owing rent and a fine mess, I have been told that I should change the locks and place a notice on the door. Can anyone tell me the wording I should use? 17

Twattybollocks wrote this on 2009-11-12 13:20:57 Hi Christine,

have you issued the statutory notices yet ie either a section 21 or section 8.

If not you cant change the locks - you have no right to as it is not your house under the law pertaining to AST's.

You have to sure and I mean ABSOLUTELY SURE that the tenants have gone (or in legal terms - surrendered their tenancy) otherwise they can (and will) sue you for illegal eviction. Irrespective of whether the house is a mess you are not allowed in to do work untill you have been granted posession by the necessary authorities or statue. If they came back and found you in there working - they can (and will!) sue you for trespass.

TB
PS A please and thank you somewhere in your question whould have been nice! 18

ali wrote this on 2009-11-14 17:32:37 I have a tenant who has not paid rent and claims that they want the deposit to be used. This is not acceptable. which notice should i use section 8 or section 21? 19

Jools wrote this on 2009-11-14 21:44:24 @Ali - Frankly if you can't be bothered doing a google search on which section you should use then you should not be a landlord! For fucks sake there is plenty of info available - do some homework before you ask such stupid questions!

Jools 20

ali wrote this on 2009-11-14 23:27:57 @Ali thank you very much for your kind answer. some time u search a lot and end of the day u get confuse......I am at that stage if u can't help no problem

regards,

Ali 21

Tim wrote this on 2009-12-14 22:28:15 I have a tenant who is a friend and I have asked them to move out as we have a difference of opinion on how the house should be looked after.

This is my property and the contract is verbal with no signatures of a term, no deposit was taken and payment is made in cash as they do not want to pay through standing orders.

I have issued a letter of notice recently, but only posted this under their bedroom door.

I have been over considerate in the date I want them to move out as it is 2.5 weeks more than the 28 days notice period. Mainly due to keep the friendship going.

They have lived in my house for 1 year and 4 months and are choosing when they want to move out, regardless of it being my house and the date I have told them to go.

By the time they should move out they would owe me £600.

I have another residential address for them at their family house, can I use this at all to send a reminder for money and asking them to move out.

What can I use after the notice date is reached? Section 8 or 21? 22

stuart wrote this on 2009-12-16 09:40:11 i know a person that lives in a council place but spends most of his time at his parents place living there. most of the time it is empty and he is claiming housing benefit.
not sure whether to tell the council cos it is unfair on people that need a place to live. 23

Jools wrote this on 2009-12-16 10:04:53 Of course you should Stuart - it's your civic duty! We are afterall paying for it in our taxes. Give them a benefit fraud appearance in court for a crimble pressie!!

Jools 24

Deena wrote this on 2009-12-22 21:26:29 My niece asked me if her boyfriend could rent my empty house as he was desparate for somewhere to go. a tennancy agreement 6months was done no bond paid as he was desparate and recently unemployed, i explained alot of work needed to be done at the property and i wasnt going to do it as the house is for sale.
Anyhow they have ripped out the carpets, not paid rent since august 5 months ago, wont answer calls door etc, the fraud squad was sent round as he was claiming benefits and had my niece living with him ( i called them)
wehave buyers for the house but my tennant wont bloody budge and even called the police on me for tresspassing what should i do? 25

Deena wrote this on 2009-12-22 21:28:25 PS iwasnt inside the property just knocking on the door so the buyers could do an AEG check 26

SHAZIDUR RAHMAN wrote this on 2010-01-25 02:03:17 hiya i have a property which i rented out back in 2007 the contract was for 1 year then at the end of the contract they wanted me to renew another 1 year which i did on the basis that if for any reason i need my property back they will leave within two months and if they wanted to leave they would give me a months notice atleast.so after the contract finished in the second year of renting it thats when i told them that i need my house back due to my financial issues.the contract finished on 11th nov 2009, i gave them until jan 11th 2010 to move out.they have been paying there rent on time if not earlier like 1 or 2 weeks earlier they were very good tenants but im going through a rough time.they are registered with birmingham city council for housing.but the council aint gona help them unless i give them a court order and they cant find a sutible house for there kids near the school.so i wonder if any 1 can help me.i dont know under which section shall i evict them they are willing to go.shall i apply for section21 or section 8.please help me 27

Darren wrote this on 2010-01-27 12:37:15 I have a bad tenant who constantly fails to pay rent on time and owes 2 months in arrears. i gave him a 2 months notice which wasnt an official document. now im sending him a section 8 and section 21 at the same time for a 2 wks notice based on several grounds hes failed on. does the section 21 still need to have 2 months notice on it when serving it with a section 8 with 2 weeks notice, or can i put the same date on both for the time i want him out? 28

Ebenezer wrote this on 2010-02-11 12:35:48 My tenant is two month rent in arrears and i have issued him with Sec.8. Should in case he refused to vacate the property and i decided to go to court how long do i have to wait before we are called for hearing.

Also is it possible for me to file his case immediately after issuing him with section 8 in order to avoid any delay at court. (my mortgage is already in two arrears)

Pls reply 29