29:
214:
issue directions at the first hearing and adjourn the claim until a further hearing when the case will be heard in full. If the possession order is granted then it takes effect fourteen days after it has been issued, although in some cases this may be extended to six weeks where it is deemed that the tenant will face serious hardship as a result of the repossession.
382:
on the date that the
Section 8 notice is served and on the date of the hearing. Where rent is due weekly or fortnightly, at least eight weeks' rent must be in arrears. Where rent is due monthly, at least two months’ rent must be in arrears. Where rent is due quarterly, at least a quarter's rent must
326:
Used when the previous tenant has deceased and the tenancy has passed to a new tenant but the new tenant does not have the right to carry on with the tenancy. Proceedings must be brought within twelve months following the death of the tenant, or within twelve months of the landlord becoming aware of
185:
The
Section 8 notice lists 17 grounds. The landlord can seek to regain possession of the property before or after the fixed term of the tenancy comes to an end based only on these grounds. When the landlord serves the tenant with the Section 8 notice, they have to state the grounds by which they are
278:
Used when the tenancy is for a period of a maximum of eight months and the property was occupied as a holiday let within the period of twelve months prior to the start of the tenancy. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this
226:
The amount of notice that must be given to the tenant differs depending on the grounds. For grounds 1, 2, 5, 6, 7, 9 and 16, two months’ notice or more must be given. For grounds 3, 4, 8, 10, 11, 12, 13, 15 and 17, two weeks’ notice is required. In the case of ground 14A, proceedings can be started
213:
The landlord is then given a date to attend court, the first hearing, and must attend on this date. If the tenant has not filed a defence or does not attend court to challenge the claim, the court may make a possession order at the first hearing. If the tenant does defend the claim, the court will
449:
Used when the property is occupied by a couple and one member of the couple has left due to violence or threats from the other partner towards the partner who has left or a member of their family who was residing in the property. This ground only applies to property which is owned by a charitable
197:
It is usually customary to allow a minimum of three working days for the
Section 8 notice to arrive at the address of the tenant. The Section 8 notice expires two weeks or two months after this date, depending on which of the 17 grounds have been cited. It is only once the Section 8 notice has
314:
Used when the landlord wants to reconstruct, demolish or carry out works on part or all of the property which cannot go ahead with the tenant there, perhaps because the tenant will not allow access. If this ground is used, the landlord has to pay reasonable removal costs.
440:
Used when the tenant has caused problems with neighbours, visitors or anyone else; has used the property for illegal or immoral purposes and received a conviction for this; or has received a conviction for an indictable offence in or near the property.
290:
Used when the tenancy is for a period of no more than twelve months and the property belongs to an educational institution. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground.
255:
Used when the landlord wants to live in the property as a permanent home. It is only permitted when the landlord has already lived in it as their main home or they, or their spouse require it to live in as his or her main home.
222:
When the
Section 8 notice is served, the landlord must base the decision to apply for a possession order on one or more of 17 grounds. The court will then decide upon whether to grant a possession order based on these grounds.
153:
who wishes to obtain a possession order from the court, thereby ending the tenancy, for a reason based on a circumstance entitling the landlord to possession under the grounds pleaded. "Section 8" refers to that section of the
302:
Used when the property is being used by a minister of religion and is required for another minister. Written notice must be given before or at the start of the tenancy that possession might be recovered based on this ground.
349:
the tenant is convicted of an offence of breaching an abatement notice (a notice by the local authority requiring them to cease causing a nuisance that falls within their enforcement authority) or of causing a statutory
186:
seeking possession of the property, using the precise wording specified in
Schedule 2 of 1988 Housing Act and the reasons for relying on these grounds. The notice must be in the prescribed form for a section 8 notice.
431:
Used when the property has been neglected by the tenant, sub-tenant or someone living in the property with the tenant who the tenant has not removed and as a result the condition of the property has deteriorated.
234:
in 2020 most of the periods of notice were extended significantly in order to reduce the number of people potentially being made homeless in a period of crisis. With exceptions for significant rent owed and
396:
This ground states that alternative accommodation will be available for the tenant in the case that the possession order is made and that the landlord has to pay reasonable removal expenses.
477:
The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by—
242:
Grounds 1 to 8 are mandatory, meaning if the landlord can prove to the court that they apply then the court must grant the possession order. The other grounds are all discretionary.
178:
A Section 21 notice may be used without the landlord giving any reason, whereas for a
Section 8 notice to be used the landlord must satisfy one of the statutory grounds for eviction.
358:
that is triable in the Crown Court, including a variety of violent, sexual and drug offences, some serious offences against property (e.g. burglary), and modern slavery offences.
210:
Once the
Section 8 notice has been served, the landlord can apply to the court for a hearing to get a possession order using the forms N119 and N5 and by paying the court fees.
340:
174:
may also be ended by the execution of a possession order based on a
Section 21 notice. The differences between the Section 8 and Section 21 procedures are:
415:
Used when the tenant has failed on a regular basis to pay the rent. Rent does not have to be in arrears on the date that the
Section 8 notice is served.
458:
Used when the furniture in the property has been treated badly by the tenant or by someone residing in the property who the tenant has not removed.
181:
The
Section 8 notice may be used for an assured shorthold tenancy or an assured tenancy. Section 21 Notice cannot be used for an Assured tenancy.
514:
270:
Used when the property is subject to a mortgage that existed before the start of the tenancy, and the lender wants to repossess the property.
383:
be in arrears by more than three months. Where rent is due yearly, at least three months' rent must be in arrears by more than three months.
407:
Used when any amount of rent is due on the date that the Section 8 notice is served and is still due on the date that proceedings begin.
366:
Used when the tenant is not legally permitted to occupy the dwelling due to their immigration status, and the government (usually the
112:
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the tenant is convicted of a serious offence, or breaches a civil injunction or criminal behaviour injunction under the
72:
17:
79:
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259:
Evidence of this may be required, together with evidence that the landlord intends to leave their current home.
228:
466:
Used when the tenant was employed by the landlord of the property and has now left the landlord's employment.
61:
194:
Once the Section 8 notice has been filled out, it must be sent to all of the tenants living at the address.
39:
198:
expired, and the issue has not been resolved, that the landlord can apply for a possession order from the
605:
236:
509:
362:
Ground 7B: service on landlord of notice by Secretary of State in respect of illegal immigrants
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the dwelling is subject to a closure order under the 2014 Act due to nuisance or disorder; or
355:
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Used when there has been a breach of any term of the tenancy agreement.
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22:
530:"What Is A Section 8 Notice? | Section 8 & COVID-19 2021"
469:
Ground 16 cannot be served during the fixed term period.
354:"Serious offence" means one listed in schedule 2A of the
399:
Ground 9 cannot be served during the fixed term period.
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Ground 6 cannot be served during the fixed term period.
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Ground 5 cannot be served during the fixed term period.
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Ground 4 cannot be served during the fixed term period.
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Ground 3 cannot be served during the fixed term period.
262:
Ground 1 cannot be served during the fixed term period.
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Ground 4: property tied to an educational institution
251:
Ground 1: landlord taking property as their own home
239:, most periods of notice were set to be six months.
576:
574:
341:Anti-Social Behaviour, Crime and Policing Act 2014
227:immediately after serving the notice. During the
370:) has given the landlord notice to this effect.
484:(b) a person acting at the tenant's instigation
137:or Form 3, is a notice required to be given in
450:housing trust or registered social landlord.
8:
298:Ground 5: housing for a minister of religion
581:http://www.legislation.gov.uk/ukpga/1988/50
499:
497:
331:Ground 7A: conviction for serious offence
113:Learn how and when to remove this message
454:Ground 15: poor treatment of furnishings
493:
528:Goldsmith, Amanda (15 February 2021).
419:Ground 12: breach of tenancy agreement
411:Ground 11: regular failure to pay rent
49:Please improve this article by adding
7:
392:Ground 9: alternative accommodation
16:For other uses of "Section 8", see
190:How the Section 8 notice is served
14:
505:"Housing Act 1988: Section 8"
436:Ground 14: anti-social behaviour
27:
601:HM Courts and Tribunals Service
378:Used when the rent is still in
266:Ground 2: mortgage repossession
427:Ground 13: neglect of property
1:
462:Ground 16: tied to employment
445:Ground 14a: domestic violence
322:Ground 7: death of the tenant
51:secondary or tertiary sources
473:Ground 17: false statements
637:
606:DirectGov: Private Renting
18:Section 8 (disambiguation)
15:
327:the death of the tenant.
172:assured shorthold tenancy
151:assured shorthold tenancy
517:, 1988 c. 50 (s. 8)
135:Section 8 notice to quit
565:"Assured tenancy forms"
403:Ground 10: rent arrears
310:Ground 6: refurbishment
374:Ground 8: rent arrears
218:Grounds for possession
38:relies excessively on
515:The National Archives
387:Discretionary grounds
274:Ground 3: holiday let
237:anti-social behaviour
206:The possession order
158:, as amended by the
145:to the tenant of an
621:Landlord–tenant law
551:"Housing Act 1988"
510:legislation.gov.uk
481:(a) the tenant, or
133:, also known as a
62:"Section 8 notice"
246:Mandatory grounds
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103:November 2018
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489:References
335:Used when
73:newspapers
40:references
350:nuisance.
615:Category
279:ground.
232:pandemic
229:Covid 19
166:Overview
143:landlord
380:arrears
141:by the
87:scholar
535:16 May
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94:JSTOR
80:books
537:2021
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