Hopefully, as a landlord, you’ll never need to evict a tenant. But it’s still important to know the legal process that must be followed, should you ever need to seek possession of a property.
One of the ways to end a tenancy is by serving a Section 8 notice to your tenant. But first, here are 10 key points landlords should know about Section 8 notices.
Currently, there are two distinct ways to end a tenancy. Each of these processes is set out in different parts of the Housing Act (1988), and as such, are named after the relevant sections.
A Section 21 notice allows a landlord to end a tenancy even when tenants haven’t breached their tenancy agreement, and without stipulating a reason. A Section 8 notice, on the other hand, can only be served when a tenant has broken their tenancy agreement, and the landlord must give grounds.
You can read more about the difference between Section 8 and Section 21 notices here.
To evict a tenant using a Section 8 notice, a landlord must be able to demonstrate that the tenant has broken the terms of their tenancy agreement.
Typically, landlords will use a Section 8 notice to end a tenancy when their tenant owes rent, but there are other grounds for possession besides rent arrears.
Mandatory grounds for possession are those which – if proven to be true – will result in a court automatically granting possession to a landlord. Mandatory grounds for possession under a Section 8 notice are:
There are also discretionary grounds for possession that landlords should know when serving a Section 8 notice.
If these grounds are found to be true, the court won’t automatically grant possession to the landlord but will decide on a case-by-case basis whether or not they believe the eviction to be justified.
As a landlord, it’s important to know that the notice period you need to give when serving a Section 8 notice will depend on which ground you’re using to serve the notice.
The notice periods required currently vary between two weeks and two months, and it’s vital to get this right when it comes to serving your tenant’s notice, otherwise, the notice could be found invalid by the court.
A Section 8 notice can be served at any time during a tenancy after a tenant has breached their tenancy agreement.
Landlords looking to serve a section 8 notice to a tenant will need to fill in Form 3, which is used to seek possession of a property let on an assured tenancy or assured shorthold tenancy.
If you need help filling in the form or are unsure of the correct notice period or how to serve it to your tenants, it’s a good idea to seek legal advice.
After a landlord serves a Section 8 notice, the tenant has until the end of the specified notice period to stop any breaches of tenancy (such as bringing rent payments up to date or repairing damage) and to leave the property.
If, at the end of the notice period, your tenant hasn’t vacated the property, as a landlord you can begin court proceedings to apply for a possession claim.
Finally, a key point all landlords should know about Section 8 notices, is that the law is set to change in 2025 when the Renters Reform Bill is passed. Under the new bill, Section 21 notices will be abolished, and a Section 8 notice will be the only way for landlords to bring an end to a tenancy.
There are also proposed changes to the grounds for possession, including longer notice periods, that landlords will need to be mindful of if serving a Section 8 notice under the new law.
We hope these 10 key points landlords should know about Section 8 notices have been helpful.
If you’re a landlord seeking possession of a property, Blacks Legal can help.
Our team of highly experienced residential property solicitors are here to offer expert advice and answer any questions you might have about the legal process involved in evicting a tenant.
For help serving a Section 8 notice or support with any other aspect of residential property law, don’t hesitate to get in touch. You can also email us at info@blackslegal.co.uk or speak to one of the friendly Blacks Legal team by calling 020 3835 4030.