Section 8

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  • About Section 8 Notices

    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).

  • Section 8 Notice Grounds 1 to 11

    Ground 1: that the landlord used to live, or intends to live in the property as his only or principal home.

    Ground 2: that the mortgagee is claiming possession. NB this can only be of use where the mortgage predates the tenancy.

    Ground 3: that the tenancy is a holiday let and was previously let for a holiday

    Ground 4: that the tenancy is a student let and was previously let by an educational establishment to students

    Ground 5: that the property is held for use by a minister of religion

    In the above cases a court will require that the landlord has served notice of the respective ground on the tenant prior to or at the beginning of the tenancy. However, for grounds 1 & 2, a court has a discretion to dispense with this requirement if it considers it just and equitable to do so. A number of other grounds are also open to the landlord:

    Ground 6: where the landlord intends to redevelop the property - a mandatory ground

    Ground 7: that the former tenant has died (unless there is a person with a right to succeed) - a mandatory ground

    Ground 9: that suitable alternative accommodation is available - a discretionary ground

    For rent arrears, you can relying on either one or a combination of grounds 8, 10 and 11.

    Ground 8: that the tenant owed at least two months rent (in the case of a monthly tenancy) both when the landlord served notice that he wanted possession and still owes two months' rent at the date of the court hearing. If the rent is payable weekly, quarterly or yearly the ground requires that there are rent arrears of eight weeks, three months and six months respectively.

    Ground 10: that the tenant was behind with his rent when the landlord served notice that he wanted possession, and when he began court proceedings

    Ground 11: that, even if the tenant was not behind with his rent when the landlord started possession proceedings, he has been persistently behind with his rent.

  • Section 8 Notice Grounds 12 to 17
  • Possession Procedure under Section 8 Notice
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