10 Key Points Landlords Should Know About Section 8 Notices

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.

1. A Section 8 Notice Is Different To A Section 21 Notice

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.

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2. A Section 8 Notice Can Be Used To End A Tenancy…But Only In Certain Circumstances

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.

3. Mandatory Grounds For Possession

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:

If a landlord (or a member of their family) intends to move into the property themselves.

If a landlord intends to sell the property.

If a landlord’s mortgage provider has started proceedings to repossess the property.

If the leasehold for the property ends and the landlord doesn’t own the freehold.

If the property is let via an educational institute for students for a fixed term.

If the landlord is a religious organisation and the property is needed for a religious minister to live in.

If the landlord intends to redevelop the property and can demonstrate that the tenant wouldn’t be able to live there throughout the process, or they want to demolish the property.

If the tenant has passed away (although in certain circumstances, a tenancy may pass to a spouse or other close relative).

If the tenant has committed serious anti-social behaviour.

If it’s found that the tenant doesn’t have the right to rent in the UK.

If the tenant is in at least three months rent arrears (or 13 weeks arrears if the rent is paid weekly).

4. Discretionary Grounds For Possession

There are also discretionary grounds for possession that landlords should know when serving a Section 8 notice.

Where a landlord has provided a tenant with like-for-like accommodation.

Where the tenant is in less than three months of rent arrears.

Where the tenant is constantly late in paying rent.

Where the tenant has caused damage or disrepair to the property or any furniture provided by the landlord.

Where the tenant is causing neighbourly nuisance or is using the property for an illegal activity.

Where the tenant has breached any other terms set out in the tenancy agreement besides rent.

If it is found that the tenancy was acquired with a false statement (for example, a tenant lied on their application or provided a fake reference).

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.

5. There Are Different Notice Periods Dependant On The Grounds

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.

6. When A Section 8 Notice Can Be Served

A Section 8 notice can be served at any time during a tenancy after a tenant has breached their tenancy agreement.

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7. How To Serve A Section 8 Notice

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.

8. What Happens After A Section 8 Notice Is Served

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.

9. What To Do If Your Tenant Won’t Leave

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.

10. Changes To Section 8 Notices After The Renters Reform Bill

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.

Legal Advice And Support For Landlords At Blacks Legal

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.

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.

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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.

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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.