What To Do When You Get A Section 8 Notice
Knowing what to do when you get a Section 8 notice can make all the difference between staying in your home and eviction.
When you receive a Section 8 notice, it is important to remember that you as a tenant are entitled to rights and still have options. Though the situation can be overwhelming, remember, you’re not being backed into a corner.
At Blacks Legal, we have handled and supported numerous clients after receiving a Section 8 notice. We hope this blog serves as a step-by-step guide for what to do when you get a Section 8 notice.
What is a Section 8 Notice?
A Section 8 notice directly refers to Section 8 of the Housing Act 1988. This section demonstrates the terms under which a landlord may evict tenants when a tenancy agreement has been broken, or the landlord wishes to change the use of the property.
To evict a tenant, landlords must provide valid legal grounds for eviction. Grounds for eviction fall under two categories; mandatory and discretionary.
- Mandatory Grounds– The court must grant possession if a landlord can prove their case for eviction, e.g. significant rent arrears.
- Discretionary Grounds– The court will decide whether to grant possession based on the landlord’s case, e.g. whether damage to the property warrants eviction
Section 8 differs from Section 21, as with Section 21, the landlord is not permitted to give a reason for eviction. For more insight into the difference between Section 8 and Section 21 notices, read our previous blog post.
What To Do When You Get A Section 8 Notice: A Guide
If you have received a Section 8 notice and are stumped with what to do next – don’t panic. Here are 3 simple steps for you to follow:
- Read The Notice Carefully
Check over all the details of the Section 8 notice. Does it include clear grounds for eviction? Are all the details in the notice filled in accurately, i.e. dates, names? Any inaccuracies can mean the notice is invalid.
- Identify The Grounds
Once you have read through the notice, identify what the grounds for eviction are. Does the notice specify rent arrears, a breach of your tenancy agreement or another reason? Understanding the grounds of Section 8 will determine your next steps.
- Gather Your Evidence
Now you understand the grounds for eviction, you can start collecting documents and evidence that will support your case. You will need to access your tenancy agreement, any relevant payment records, or a paper trail of correspondence with your landlord.
What To Do When You Get A Section 8 Notice: Understanding Your Rights
Both landlords and tenants have legal protections in place to protect their rights. When issuing a Section 8, a landlord must follow a proper procedure for the notice to be valid.
Receiving a Section 8 notice is not final. You may be able to contest the grounds or prove to the court you have made an effort to put things right. In your defence, you should detail why you should be allowed to stay in your home.
Before choosing to address the courts with your defence, it may be worth trying to negotiate a solution with your landlord. By proposing a solution, you might be able to avoid court proceedings, which is in everyone’s best interest.
If the landlord rejects your solution and proceeds with court action, you must present your defence to a judge. This is an opportunity for you to contest the eviction or negotiate better terms, such as a longer notice period.
Seeking Legal Advice When You Get A Section 8 Notice: What We Do
Presenting evidence and pleading a case to a judge is a significant undertaking. Navigating the intricacies of Section 8 notices and property law can be tricky- and when your home is on the line, it’s not exactly time for a trial run.
Seeking legal advice when you get a Section 8 notice can put you in a much better position- which is why you need Blacks Legal. The trained eyes and due diligence of our residential property solicitors can assess the validity of a notice. Our solicitors can also help you gather your evidence and represent you in court should the dispute escalate to that point.
Our team of dedicated property solicitors are on hand to offer you the attentive legal counsel you deserve. We only bring on a certain number of clients at a time, so we can always deliver an accessible, thorough service.
So, to summarise ‘What to do when you get a Section 8 notice’, keep calm, and contact us at Blacks Legal.