Section 8 Housing Act

Section 8 Housing Act

If you wish to evict your tenant as a result of their breach of contract or rent arrears you may be able to issue a Section 8 notice to evict them from the property. You can issue a Section 8 notice when the tenant has broken the terms of the tenancy, this could include falling into rent arrears or having guests stay in the property when the tenancy agreement forbids it.

You must be able to prove to the court that you have ‘grounds for possession’ these are the legal reasons for evicting the tenant. Grounds of possession are split into two groups;

• Mandatory grounds – if proven, the court will order the tenant to leave
• Discretionary grounds – the court can decide whether the tenant has to leave or not

Rent arrears are the most common mandatory ground for eviction, whereas discretionary grounds are more likely to involve late payments, damage to the property and anti-social behaviour.

To give your tenants notice using a Section 8, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. Specify on the notice which terms of the tenancy they’ve broken.

You can give between 2 weeks’ and 2 months’ notice depending on which terms they’ve broken.

You can apply to the court for a possession order if your tenants do not leave by the specified date.

Any errors made when issuing a Section 8 notice is likely to delay the landlord gaining possession. Mistakes are very common and so it is preferable to seek legal advice before issuing a section 8.

Get in Touch

Duncan Lewis advises landlords get in touch as soon as possible in cases involving the issue of a Section 8 Notice, cases can be long and complex and errors will only lead to delays. Our expert Housing solicitors can advise landlords on all aspects of Section 8 matters and how to approach issuing one to a tenant.

For expert legal advice on issuing tenants a Section 8 notice or other possession orders, do not hesitate to contact one of our dedicated Duncan Lewis Housing Solicitors as soon as possible on 033 3772 0409.