Section 8 of Housing Act is responsible for tenant’s eviction in case of breaching tenancy agreement. The most frequent reason for Section 8 notice is fallen into rent arrears or non-payments .
Section 8 is considered one of the serious and aggressive way of termination tenancy agreement and very often followed by the requesting eviction order to the court and enforcement officers assistance.
Difference between Section 21 and Section 8 notices
Prior serving notice to end the tenancy contract landlord should properly define the right section must be used.
Section 21 is not an eviction notice and called as a Notice of possession. Section 21 commonly used when a landlord wishes to end a tenancy but only after term in case of fixed term contract. That’s why such notice is called “possession notice” and couldn’t be applied before the end of the rental agreement or end of the rental period.
On the other hand, Section 8 is possesion notice but it may be served at any time in case of breaching tenancy agreement.
Section 8 Notice is applied in case of tenants refused to leave the rented property and/or fail the payments. Anyway, this landlord possesion notice doesn’t guarantee that tenant leave the property. In most of all cases, tenants prefer to leave the property. In other cases the landlord will have to get the court possession order and enforcing tenant’s eviction.
When does landlord have right to serve Section 8 notice
Section 8 of Housing Act 8 is intended to help a landlord evict a tenant in case of breaching tenancy agreement terms during any fixed term.
The most common reason of enforcing Section 8 is rent arrears.
Notice period
Under the Section 8 landlord has right to give a notice 14 days, 28 days or two months depending on the grounds. In case of lender wish to repossess rental property which is a subject of a mortgage then notice period must be at least 2 months.
How to serve Section 8 notice
The landlord must send a Section notice form to the tenant or all joint tenants together with the final rent reminder letter. It is worth to send a letter with recorded delivery by post or personally. Date of serving notice is the date when it was received by tenants.
Failure to serve the correct form section 8 notice or any errors may invalidate or delay the possessing property and granting possession order by the court.
Section 8 notice: grounds
Housing act 1988 contains a list of grounds in Schedule 2 that must be specified in the notice 8 form. Failure to state the grounds in the notice may cause delay in getting court possession order(!!!).
There are 17 different grounds for eviction, which were divided into two categories - Mandatory grounds and Discretionary grounds:
- Landlord wishes to live in the property. This ground could be used if the landlord had lived in the property before it was let out.
- The property is under the mortgage and lender wish to repossess it. But mortgage must be existed before the property had been let out.
- The property was used as a holiday let before started tenancy(at least 12 months) and current tenancy period is no more than 8 months.
- Assured tenancy has a period of no more than 12 months and has been let by university or college(any educational organization). In this case written notice under 8 section must be served at the beginning of tenancy or before.
- The rental property is used as home by the Ministry of Religion and now is needed by another Ministry of Religion.
- Demolishing or reconstruction of whole property or its part. The landlord is under obligation to reimburse reasonable removal expenses to the tenant(s)
- Death of tenants and new tenant(s) is not succeed to the tenancy. As well, tenancy should be periodic tenancy agreement. The landlord may enforce this ground within 12 months from the death of tenant or 12 month on becoming aware of the death. Ground 7A is related with criminal offence committed by the tenants, in the rental property, against the landlord. This ground contains 5 conditions that must be met.
- Ground 8 is let to evict tenant(s) who has not paid the rents. Landlord may enforce Ground 8 in case at least 2 months rent is unpaid if the rent payable by monthly. If payment period is quarter the minimum period - 3 unpaid month.
- The landlord provides an alternative accommodation and reimburses reasonable removal costs.
- The tenant owes the rental payment(payment delay) at the date of service the notice
- The tenant fails to pay a rent several times.
- The tenant breached the terms of the rental agreement except those relating to the rental payment.
- The tTenant misuses and neglects the property.
- Anti-social behaviour when tenants create a serious nuisance and domestic violence
- The furniture in rental property was ill-treated and damaged by tenant(s)
- 16 ground is applied in case where tenant was landlord’s employee and terminated his employment.
- Tenant or his representatives used false information to get a tenancy.