The section 8 notice is used where there is some default on the tenant’s part. The most common default is non-payment of rent, but any breach within the terms of the tenancy agreement can precipitate possession proceedings (e.g. damage to the property, pets, nuisance to neighbours etc) using a section 8 notice. The court will require that the landlord is able to show adequate evidence of the default / breach before it will award possession and or a money judgment.

It is important therefore, when using the section 8 route, for a landlord to understand the different grounds that maybe applicable to his situation. Some grounds require that the court automatically award possession if the ground is proven, whereas, in others, the court may exercise its discretion. In rent arrears cases, it is normally straightforward to prove default by supplying a rent schedule detailing the missing payments. In other cases damage or noise nuisance it will be important to provide sufficient evidence that the tenant is in breach of his tenancy.

Under section 8 notice, you can use 17 grounds to put the tenant on notice that (depending on the ground you use) you require possession of your property or the tenant has breached the tenancy and they must make the breach / default good. If not on expiry of the notice you may apply to the court seeking possession. Out of the 17 grounds ground 14 is the only ground that does not have a waiting period.  A section 8 notice can be served on a tenant using ground 14 and a landlord without waiting can then apply to a court for a possession order. Ground 14 can be a contentious ground and you should use other grounds too if possible, this of course will mean having to wait for the notice to expire as all other grounds have a waiting period.      

Some of the grounds are mandatory, which mean that if you prove that one of the grounds applies, then the court must award you possession. The other grounds are discretionary, and the court will only award possession if it is reasonable to do so. Some of the mandatory grounds, called 'prior notice' grounds, can only be used if the landlord informed the tenant in writing before the tenancy started that he intended one day to ask for his property back using those grounds (unless they are already written into the tenancy agreement. like ground 1).

There are other discretionary grounds which deal with situations of misconduct and or breach of contract on the tenants part:

Ground 12: that the tenant has broken one or more of his obligations under the tenancy agreement.

Ground 13: that the condition of the premises or any of the common parts has deteriorated because of the behaviour of the tenant, his subtenant, or any other person living with the tenant.

Ground 14: that the tenant or someone living in or visiting the property has been guilty of conduct which is, or is likely to cause a nuisance or annoyance to neighbours. Or that a person residing or visiting the dwelling house has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes or has committed an arrest able offence in, or in the locality of, the dwelling house. Note: This ground allows you to apply to the court for possession after you have served the notice without any waiting period.

Ground 15: that the condition of the furniture has deteriorated because it has been ill-treated by the tenant, his subtenant, or someone living there.

Ground 16: that the tenant was granted the property in order to properly fulfill her employment duties and is no longer employed by the landlord - a discretionary ground

Ground 17: that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant's instigation.

It is important to note the various grounds within the section 8 notice have a waiting period, save for ground 14. Ground 14 is the only notice under section 8 that can be served on the tenant and the landlord without waiting then submit an application to a county court for possession.

Section 8 notices - If the tenant has breached the tenancy agreement and you want to recover rent arrears, damages as well as possession, then you should consider the section 8 route.

You must serve a section 8 notice on your tenant in accordance with the Housing Act 1998 as amended. The notice used must be the prescribed form. The notice must specify the grounds and why you require possession. 14 days after service of notice (rent arrears grounds 8, 10, 11 and 12) you can then instigate possession proceedings through the County Court.

You cannot use the “accelerated” court procedure as this is only used when you are seeking possession under section 21 notice. For section 8 route possession proceedings you will need to complete all relevant documents applicable to a section 8 route possession procedure. The documents required will depend on the ground being used to obtain possession. Unlike the accelerated procedure (if complete, correct and not contended) where you do not require a court hearing, for the section 8 route the court will list the matter to be heard by a judge.

All initial possession proceedings are listed for a time slot of approximately 10 minutes. If the tenant does turn up to defend the matter may well be put off for another hearing for the simple fact the judge cannot hear the case due to time constraint. It is likely if this happens the learned Judge is going to give standard directions so when the matter is heard it can be dealt with and concluded.

If a landlord has outstanding disrepair issue’s, or has had disrepair issue’s you should beware the tenant could make a counterclaim against you to “set off” part or all of the rent, against any rent or damages claimed by you.   

You should beware and be very cautious when attempting to deal with possession proceedings by yourself especially if you are not legally trained. Should your claim be dismissed by the court you will very likely have to pay the defendants (tenants) legal fees. If the tenant is represented by a solicitor you will probably have to pay several hundred pounds to the other side (your tenant) for their legal fees. This page is for information only and is intended to give an insight to the issues under the section 8 route for possession.