Section 8 Notice To Quit Form- Evicting Tenants
Written by The Landlord on 12 Oct 2008What is a section 8?
A “section 8 notice to quit” is used to terminate an Assured Shorthold Tenancy Agreement during the fixed term because a tenant has breached the agreement (e.g fallen into rent arrears).
A landlord cannot evict their tenant without first obtaining an order for possession from a court. Before applying to the court for this order, the landlord must serve a “Section 8 notice to quit” form on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought.
Breach of agreement by tenant
The most common type of breach during the term of the tenancy is for non-payment of rent. However, any breaches of the terms of the tenancy agreement justify possession proceedings (e.g. damage to the property).
In order for the section 8 to be valid, the landlord must rely on specify which grounds set out in Schedule 2 of the Housing Act 1988, the tenant has breached.
How to serve a Section 8 Notice
To start proceedings, you must first inform the tenant, using the section 8 notice, that you wish to seek possession. The Notice of Seeking Possession is issued under section 8 of the Housing Act 1988 and must be served in the prescribed form – ‘section 8′. The notice could be included with a final rent reminder letter.
Any errors made when issuing the section 8 notice (which is extremely common) is likely to delay the landlord gaining possession. That’s why it is always advised to seek legal advise before issuing a section 8.
Service of the Notice
The notice can be served by post or in person. If there is more than one tenant, the notice must be served on all tenants.
The courts will recognise the day of postal service as the day on which the letter would normally have arrived.
It is recommended that a colleague witnesses the sending of the notice. When using postal service, it is recommended that the notice be sent by recorded delivery for proof of delivery, and that a minimum of three working days is allowed for the notice to arrive.
The Grounds For Eviction
The ground you wish to evict your tenant on will need to be stated in the section 8 form.
These Grounds are contained in Schedule 2 HA 1988. The grounds fall into 2 categories:
- Grounds 1-8 (Mandatory) – the court must make the possession Order
- Grounds 9-17 (Discretionary) – the court will make the Order only if it is reasonable to do so.
| Ground | Description |
|---|---|
| Ground 1 | Landlord(s) requires the property back in order to live in it. This ground can only be used if before the tenancy the Landlord had lived in the property as his / her main home.
The court has to look at all the circumstances, including hardship to the tenant or Landlord before deciding whether to make an order. |
| 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 3 | The tenancy is for a fixed period of not more than eight months and the property is occupied as a holiday let and at least twelve months before the tenancy started it had been used as a holiday let. Written notice must be given either before or at the time the tenancy begins that possession might be required under this ground. |
| Ground 4 | The tenancy is for a fixed period of not more than twelve months and has been let by an educational establishment/institution (e.g. university, colleges etc.) and possession is required. Written notice must be given on or before the tenancy begins that possession might be required on this ground. |
| Ground 5 | The property is used as a home for a Minister of Religion and is needed for another Minister of Religion. Written notice must have been given at the time or before the tenancy begins that possession might be required under this ground. |
| Ground 6 | The Landlord intends to demolish or reconstruct the whole or part of the property or carry out major works to all or part of it and the works cannot be carried out if the tenant is there (e.g. because the tenant will not agree to give access or agree to be restricted to living in part of the property whilst works are carried out on the other part). The Landlord must pay the tenants reasonable removal expenses if the possession is granted under this ground. |
| Ground 7 | Where the previous tenant has died and the new tenant is not entitled to “succeed” to the tenancy and the tenancy is a periodic tenancy which has passed to the new tenant on death or under a Will. The Landlord must bring proceedings within twelve months of the death of the tenant or twelve months of the date the Landlord became aware of the tenant’s death. |
| 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 9 | That there will be suitable alternative accommodation available for the tenant if a Possession Order is made. The Landlord must pay the tenant’s reasonable removal expenses if a Possession Order is made. A tenant can oppose a Possession Order on this ground if the alternative accommodation is not suitable. |
| 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. |
The amount of notice required to be given to the tenant will vary depending on which Ground the tenant is being evicted 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.
Once the Tenant receives the Notice
Once you have issued the section 8 notice on your tenant, you are required to wait until the notice has expired – this is the date you give on the notice. Approximately 80% of tenants leave after being served notice.
If the tenant has not vacated, or paid up any rent arrears by this point, then it will be necessary to start court possession proceedings. This is done by obtaining the appropriate forms from your local court (forms N5andN119) and payment of the appropriate court fee.
In most cases, once a tenant receives the 8 notice, they vacate the property, to avoid any court hearings. However, if this is not the case, the landlord should apply for a possession order from a court.
Here’s more information on Evicting Tenants.
Does serving a Section 8 Guarantee A Possession Order?
Serving a section 8 notice does not guarantee that the court will grant a possession order for the tenant to vacate. It depends on which grounds are relied upon as well as the strength of the the landlord’s argument.
However, Grounds 2 and 8 of a section 8 notice are mandatory, meaning that if a landlord is evicting a tenant that has breached either of those grounds and can prove to the court that the tenant is guilty, then the court MUST be in the favour of the landlord and issue the landlord with a possession order.
Grounds 8, 10, 11, 12, 13, 14, 14A, 15 and 17 are discretionary grounds, meaning that the court will not necessarily side with the landlord even if he/she can prove that one of the grounds applies. If this is the case, it is at the court’s discretion to determine whether to grant a landlord a possession order. The court will look at the facts and evidence and then make a decision.
If a court is satisfied that a landlord is entitled to possession on one of the grounds, then the court will grant a possession order to take effect within 14 days. In some cases, the court may extend this to six weeks if it will cause the tenant to experience exceptional hardship.
83 Comments - join the conversation...
I have a women in my house who was commiting benefit fraud as her boyfriend moved in and now her benefitts have been stopped. The lease agreement run out last month and the agreement isn't even in her name; it's in her last boyfriends name (he left six months ago and left her in there) i said she could stay if she paid a deposit; but that never happened. Is there grounds to re enter the property?
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thanks
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There are 3 of us Living in a rented house.
We were told over the phone last night that we have to leave as the house is unsafe to live in but given 2 months to move.
We know there are lots of problems with the house as weve been phoning our management company every week, more than once most weeks, for 7 months.
We still have 5 months left on our agreement.
They have offered us our deposit back, but i feel we are entitled to some compenating due to inconvienence.
We have to sort out all our 12 month contracts etc and the hassle of finding somewhere else with credit checks etc.
I feel we have been excellent landlords, paid every month on time. etc and looked after the house.
Is there anything we can do.
Please help. Desperate!!!!
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from what I have read they canb not do this. For a start they must give written notice. Also If the contract is an AST they cannot simply evict you without compensation. They are as tied into the contract as you.
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Contact the letting agent and say you require proper notice. What is wrong with the property? Why is it unsafe? If it is unsafe someone is going to be liable and you may be able to seek compensation. If the property is unsafe it is upto the landlord to fix it or provide you with alternative accomodation untill it is safe or for the duration of your contract.
They simply cannot just ask you to move out. Can you let us have more details?
Jools
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There is severe damp (freshly painted walls hidden this when we moved in)
Rotten floorboards (they ripped up on about a month ago and its still like it)
Plaster on the ceilings is shot
Live wires on the fuse box
Cooker NEVER worked
Water (flooded) in the cellar with live wires we were informed a month ago!
Pipes for washer flowing in the wrong direction
Windows without keys
Condensation in double glazing windows
Blown lightbulbs, when replaced new ones wont work, resulting in no lights in the entire hallway (up and down)
Electric shocks from plugs!
Garden severly overgrown
It goes on and on
They were informed of all of these the week after we moved in and they havnt done nothing about it.
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I need some help. I have been renting my house out for the last 17 months and due to circumstances beyond on control i need to move back into my house.My ex renewed their contract without letting me know about this. Can anyone help or advise me on the best way to go about this please....
I urgently need to get back into the house
Thanks in advance
Linda
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As a result of being 2 months mortgage arrears my property got repossesed, put to an Auction (buy-to-let is treated as a commercial loan/terms) with the tenants still in the property enjoying a substantially reeduced rent.
What has come to light the tenant has been subletting 2 rooms plus the couple and their children, apparently I understand her claim for housing benefit is only one room because her partner has found a job, and is delighted at the prospect of being told that on eviction she will receive a council home. On the other side a home which was to be my family home snatched with a lifetime debt to pay on the losses. Message to ALL if just don't delay EVICTION if it not them it will b you.
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He is also refusing me access to do some work on the property to maintain it.
Have i got sufficent grounds to issue a section 8, under grounds 12?
thank you
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My tenant is refusing to leave. I have server him with Section 21 notice, 60 days before the tenancy expired. He contacted Housing Association and apparently had been adviced that he dont have to leave until he receive a baliff order. Is there any cheaper option?
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Nothing you can do till August. You can of course issue a section 21 but you need to do it with the correct dates. Even if you section 21 him it does not mean he has to leave. If he stays you will then have to get a court order to remove him and then use court appointed bailiffs to do the actual removal which may be upto 6 months later! You do need to put the money into a scheme asap.
TB
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my suggestion would be to contact the ombudsman to file a complaint to them about the LA. that puts pressure on the LA to their overseers. this is the link to merton council
http://www.merton.gov.uk/council/complaints/ombuds.htm
there will be a similar one for your LA.
then i would suggest that you obtain a form from your LA to record all the things that goes on. i think it can be filed as a nuisance case. there were tenants that lived above us always having parties and loud music at night, and we called the environmental health officer every time and this sufficed as evidence. get external agencies involved.
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i cannot serve a section 21 as the tenancy was fixed for a term of 1 year. if i serve a section 8, under ground 8, then they pay part of the arrears, then the process will be elongated, and i'll never get rid of them.
my question:
is there a process by which i can evict my tenants under the grounds that they have not paid rent but ask the court to give me an order for possession only?
this will enable to me to get other tenants that will pay me rent, and then file separately for proceedings to the current tenants to pay rent arrears.
i would much appreciate feedback, thanks
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A plan I believe he prob had from the beginning. I have since paid out nearly £900 for a section 8 notice and advice from a solicitor, he is due to move out tomorrow but has no intention, he also says housing are helping him find somewhere, that he wants to move out and that they are going to pay his arrears, none of which I believe. My solicitor now tells me that I need to speak to a barrister that will cost me at least £600 to see if we can actually take him to court as he was a minor when he signed the agreement. I am at the end of my tether and just want a peaceful life. My relationship is in tatters as it was me who pushed for this in the first place and I just want him to leave so my brothers can feel comfortable in their own home and I can get on with my life. Please can anybody give me any advice or help I just can't afford to continue this fight in court. Sorry VERY long winded post!!! Thanks Liz.
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I have not yet registered the tenants deposit with a tenancy deposit scheme which I should have done at the start of January so I am concerned that serving a section 8 notice will not hold any water? Is this right and can any one advise the best course of action?
Thanks in advance for anyone who can answer promptly.
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make is life hell ! cut off gas, water, gas, electric.
if not point a knife in his neck, the last notice to live !
and fuck him !
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I am clean , no smoker , no tv person, no criminal background and so are the Polish couple in the studio next to me -For whatever reason she has constantly threatened them with 'if any one messes with me my husband and son will mess with them '---she forces at regular intervals to have our studios inspected----' she has ' trespassed into my room several times and the latest she has left a note ' stating she is going to inspect on Monday ----I AM QUITE ILL AT THE MOMENT AND CANNOT TAKE ANY MORE OF THIS '----'...i will gladly move and am really trying to find work but do I have any rights ????? She will get very ugly on Monday . How do I stop this initimidation ? Can the council do anything ? --thanks in advance
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i.e. Does a Section 8 Notice HAVE to be signed and dated (the bit at the end on most forms) to be deemed served/proper notice??
Sounds like a silly .. yet is a genuine .. question (that I cant seem to find the answer to)
A definitive answer would be much appreciated.
Many thanks.
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6 years ago my faher bought a 50% share in a flat, its sharedownwership,with a housing authority.He paid £26.000.
The property was transferred into my name in march 2005 since then he has run up rent arrears of £4750.00. All correspondance from housing autority has gone to property in his name for rent arrears. three weeks ago they contacted me after doing a land registry search and come back with my name as proprietor and want me to pay the £4750.00 in full.I have never had any letters from them until this point.Where do i stand??. Also my father now says i have to give him back what he paid for property, but i am title absolute on land registry do i legally have to?. hes bankrupt and a drunk, legally should the housing not of been in touch with me. PLEASE HELP I CANT GET ANY ANSWERS.
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@J London: Yes it must be signed.
@JimBob; No idea about Scotland but if you signed something saying you had no convictions and then they found out you have you are stuffed. No sympathy given you are a convicted drug dealer. You are slightly below pond scum in my eyes.
@De Gause: Tell your manager to sod off. Assuming you are or have been on an AST and are in England or Wales she can't just give you 30 days notice. She has to issue a section 21 notice. Go and take some legal advice on this.
@Danny: Get another job?
@John; You need to take proper legal advice on this.
@Johnathan: No idea what you are on about.
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My friends father was expired last year.all of family of my friend lives on a home that is on rent from last 26 years and registry of that house is on my friends father name.they are paying the rent at the time but now the land lord forcing him to left the house.
Now the condition of that house is not so good they strated repair the house but the landlord stop them for repairing.
So,Please give me suggestion how we stop them to do that...
I sall be very thank full to you....
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Your landlord probably sees this as an opportunity to make a fresh start with the property, do it up then find new tenants who to ask higher rent from. The landlord sees the house your friends' family lives in as an investment. He's calculating the repairs (incl what he can claim against tax) against the future increased rental income.
What I think your friends's family should do is to seek a dialogue with the landlord and offer a rent which is in-line with the condition of the property and the current market prices.
What they can't expect is to keep renting for the same price indefinitely. If they want to stay, it will cost them.
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They need to check what kind of tenancy agreement it is.
Sounds like it may be a Rent Act tenancy. This is not a normal Assured Shorthold Tenancy, the landlord has very limited rights regarding rent increases and eviction.
They need to seek advice from the local councils Tenancy Relations Officer.
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Recently has Tennents leave my property and everything seemed fine. The property was cleaned and I had authorised and agent to look and manage the property. A few days after I was told someone has moved in, changed the locks and have a tennency agreement from the agency. The agency seems to dispute issuing any such agreement. Somehow the Tennent has been able to get the keys, fob etc. the management agency went down when the so called Tennent wasn't in and changed the locks. Is this legal, what if the occupier changes the locks again.. Also, the occupier has stated they paid 6months in advance (rent and deposit). They seem to have a proper agreement, all relevant documents and receipts all sighned by genuine looking signatures. The agency dispute this as being fraudulent. What would I need to do to get this so called Tennent out. Can we issue a section 8, will the police do anything? Please help as the so called agreement does state 6 months?? Thanks
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