Section 8 Notices And The Grounds For Possession

What is a Section 8 Notice?

A Section 8 Notice is a Notice that a Landlord serves on a tenant which states that possession of the property, which is the subject of the Assured Shorthold Tenancy Agreement, is needed back by a certain date. The difference between a Section 21 Notice and Section 8 Notice is that a Section 8 Notice requires that possession is required due to a breach of one of the grounds for possession. The Notice will require that possession be given within either 2 weeks or 2 months, depending on which ground is breached.

There are 17 grounds that a Landlord can rely on, the first 8 of which are “mandatory grounds” which the court must grant possession to the Landlord for and the remaining 11 grounds are “discretionary” grounds where the court can grant possession if they deem it is reasonable to do so.

Grounds for Possession

• Ground 1 – If the Landlord used the property as their main residence prior to the tenancy beginning, the Landlord can state that they require to use the property as their main residence again. The notice period is 2 months after the end of term.
• Ground 2 – Where the mortgage lender requires possession of the property and has served notice to foreclose, this can be only be used if the mortgage predates the date of the tenancy agreement. The notice period is 2 months and the term can be ended during the same if the tenancy agreement allows.
• Ground 3 – The property was previously used as a holiday letting and is required to become one again. The notice period is 2 weeks after the end of term.
• Ground 4 – The Landlord is an education institution and is required for students of that educational institution, however notice must have to have been served prior to the tenancy beginning. The notice period is 2 weeks after the end of term.
• Ground 5 – The Landlord is a religious organisation and the property is required for a member of their church. The notice period is 2 months after the end of term.
• Ground 6 – The Landlord wants to demolish and reconstruct, or redevelop all or part of the property. The tenant is required to have lived in the property whilst work was happening. If granted, the Landlord needs to pay the reasonable moving costs of the tenant’s move. The notice period is 2 months after the end of term.
• Ground 7 – The current tenant is a tenant heir and not named on the tenancy agreement. The Landlord needs to have served the Notice within 12 months of the death of the named tenant. The notice period is 2 months and the term can be ended during the term if the tenancy agreement allows.
• Ground 7A – The tenant can be removed for antisocial behaviour. The notice period is 1 month if it is a fixed term or 4 weeks if periodic. It can be ended within the term if the tenancy agreement allows.
• Ground 7B – The tenant can be evicted if they do not have a right to rent. The notice period is 2 weeks and can be served within the term.
• Ground 8 – The most common ground. The tenant needs to be in 2 months of rent arrears at the time of service of the Notice and still needs to be in 2 or more months of rent arrears at the time of the hearing. If the tenant pays enough to the Landlord (or raises problem with the deposit so that the Landlord owes them money) so that the rent arrears fall below 2 months at the time of the hearing, this ground will fail. The notice period is 2 weeks and the term can be ended within the term if the tenancy agreement allows.
• Ground 9 – Alternative suitable and quality accommodation has been offered to the tenant and refused. If granted, the Landlord must pay the reasonable moving costs of the tenant. The notice period is 2 months after the term has ended.
• Ground 10 – The rent is in arrears but by no more than 8 weeks in the case of weekly payments, 2 months in the case of monthly payments and 1 quarter in the case of quarterly payments. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 11 – The tenant is late with rent on multiple occasions or only pays when prompted by the Landlord. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 12 – The tenant has breached any of the terms of the tenancy agreement. The notice period is 2 weeks and can be ended within the term if the tenancy agreement allows.
• Ground 13 – The tenant has damaged or neglected a part of or all of the property, or has sub-let to another tenant who has done so. The notice period is 2 weeks and the term can be ended within the term if the tenancy agreement allows.
• Ground 14 – The tenant creates a nuisance or annoyance to neighbours or other tenants and has received complaints in this respect or is using the property illegally or immorally. There is no notice period, proceedings can start instantly.
• Ground 14A – If the tenant is found to be being domestically violent. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 14ZA – If the tenant is evicted of an offence during a riot. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 15 – The furniture listed on the inventory has been damaged in some way or sold by the tenant. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 16 – The property was let to the tenant under their employment which has now come to an end. The notice period is 2 months and can be served after the end of term.
• Ground 17 – The property was let to the tenant based on false information given by the tenant or their guarantor. The notice period is 2 weeks and can be ended within the term if the tenancy agreement allows.

The process

Once a Landlord has discovered that they can rely on one of the above grounds, a Section 8 Notice should be served on the tenant stating which ground is being relied upon and stating the termination date which the tenant should vacate by. It is important that the Notice is properly served or the same could be found to be invalid if the matter proceeds to court which will cause significant delay with the eviction.

Once the termination date in the Notice expires, if the tenant does not vacate then the Landlord is permitted to apply to the Court for an Order for Possession. The Court will consider the papers and set a hearing. Provided the Notice is valid and the claim form to the court has been properly completed, possession should be granted. If the tenant chooses to remain despite the Order for Possession ordering them to leave by a certain date, the Landlord can instruct a Bailiff to attend the property and remove the tenant.

The forms required by the Court contain plenty of room for error when completing and so it is vital to ensure that all information is accurately documented so that the hearing can go smoothly and possession can be promptly granted.

For legal advice on issues regarding landlord and tenant disputes, please get in touch with our Litigation team on 01604 828282 or email [email protected].