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Section 8 eviction notice

Difficult tenants can cause an array of problems, and sometimes, despite a landlord’s best efforts to resolve them, eviction is the only solution. Whilst this process is not especially complicated, for landlords unsure of their rights and responsibilities it can be daunting.

Regaining possession of a property doesn’t have to be stressful. By seeking advice and assistance from Howells Solicitors you can reduce the worry involved in the eviction process and reach a satisfactory solution without delay.

Fault-Based Eviction

Landlords who wish to gain possession of their privately rented property as a result of a valid breach in a tenancy agreement should do so using a Section 8 notice.

Accepted grounds for eviction using a Section 8 notice are listed in Schedule 2 to the Housing Act 1988, and include rent arrears, damage to property and anti-social behaviour.

A Section 8 notice can be used during the period of a fixed-term tenancy, cutting it short where necessary. However, in cases where the tenancy is due to end shortly, a Section 21 notice may be more appropriate.

What Is A Section 8 Notice?

A Section 8 notice is a formal legal notice that informs a tenant who has breached their tenancy agreement that, should they fail to remedy the breach, their landlord is eligible to ask the court to evict them.

It can only be used to seek possession of a property as a result of a breach in the tenancy agreement, landlords who wish tenants to vacate a property at the end of a fixed-term or periodic tenancy should use a Section 21 notice.

Serving a Section 8 Notice

Those seeking possession of a property using a Section 8 notice must give their tenants notice of their intention to apply to the court for possession. The amount of notice necessary varies from two weeks to two months depending on the grounds used.

The notice must include a pre-defined legal description of the breaches committed, and prior to issuing a Section 8 notice, a landlord must be able to demonstrate that they have made a reasonable effort to resolve the situation.

If a tenant refuses to vacate a property after a Section 8 notice has been issued and its expiry date has passed, the landlord can then apply to the court for repossession.

If you need to serve a Section 8 notice or have served a Section 8 notice that has been ignored by your tenant, Howells Solicitors can help. Our expert team has a wealth of experience in landlord tenant law, and can assist you in regaining possession of your property.

For more information, call us today on 0808 178 2773.

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