Section 8 Eviction Notice Latest Update Sep 2024

What is a Section 8 notice?

A Section 8 notice, also known as a Section 8 eviction notice, is a written document issued by a landlord or letting agent to inform a tenant that they wish to take possession of their property. It will usually be posted to you for a proven track record.

It can only be used for Assured or Assured Shorthold Tenancy agreements.

What are Assured Shorthold Tenancies?

There are two types of Assured Shorthold Tenancies:

• Periodic tenancies: These run week by week or month by month with no fixed end date.

• Fixed-term tenancies: These run for a set period of time.

If tenants have an Assured Shorthold Tenancy, the landlord or letting agent must follow a specific legal process.

What does a real Section 8 eviction notice look like?

Why do landlords use Section 8 notices?

Most tenants receive a Section 8 notice due to rent arrears. The reasons a landlord can evict a tenant are known as "grounds for possession." The grounds for rent arrears are:

• Ground 8: If you owe at least 2 months' rent.

• Ground 10: If you owe any amount of rent.

• Ground 11: If you frequently pay rent late.

There are 17 grounds for possession, which are divided into two types: mandatory and discretionary.

Mandatory Grounds

Mandatory grounds are the most concrete reasons for eviction, and if proven, can lead to automatic eviction. These include:

• Ground 1: If the landlord lived in the property before the tenancy began and now wishes to return.

• Ground 2: If the mortgage provider wishes to repossess the property.

• Ground 3: If the property was previously a holiday let, then let on a short-term basis for at least eight months, and the landlord now wants to use it again as a holiday let.

• Ground 4: If the property was let to a student by an educational institution for a fixed 12-month term.

• Ground 5: If the property is owned by a religious organization and needs to house a minister of religion.

• Ground 6: If the landlord wishes to demolish or redevelop the property to the extent that the tenant cannot live there.

• Ground 7: If the tenant has passed away (this ground cannot be used if a surviving spouse is living in the property).

• Ground 7a: If the tenant has committed serious anti-social behavior.

• Ground 7b: If the tenant does not have a legal Right to Rent.

• Ground 8: If the tenant is in more than eight weeks' rent arrears (for weekly/fortnightly payments) or more than two months' arrears (for monthly payments).

Discretionary Grounds

Discretionary grounds are more subjective, meaning landlords or letting agents must prove their case in court. These include:

• Ground 9: If the landlord provides suitable alternative accommodation.

• Ground 10: If the tenant has rent arrears, but less than the amount required for Ground 8.

• Ground 11: If the tenant repeatedly pays rent late, even if not in arrears.

• Ground 12: If the tenant has breached the tenancy agreement, aside from rent.

• Ground 13: If the tenant has caused damage to the property.

• Ground 14: If the tenant is a nuisance to neighbors or uses the property for illegal activities.

• Ground 15: If the tenant has damaged furniture provided by the landlord.

• Ground 16: If the tenant was employed by the landlord and the employment has ended.

• Ground 17: If the tenant obtained the tenancy through a false statement.

Can a Section 8 eviction notice be challenged?

Yes. A landlord must have a valid reason to issue a Section 8 notice. If the notice includes incorrect details or lacks a valid reason, tenants may challenge it in court.

How long does a notice last?

The notice period can range from 2 weeks to 2 months, depending on the terms the tenant has broken.

When can't a landlord or letting agent use a Section 8 notice?

As of May 4, 2021, landlords or letting agents cannot use a Section 8 notice for rent arrears during a tenant's "breathing space" period. However, they may still use a Section 8 notice for other reasons, including rent arrears that occurred outside this period.

What to do if you're facing eviction?

If you are at risk of eviction, contact your local council. They are required to assist if you're likely to become homeless.

This article is intended as a guide only and does not constitute legal advice. If you want a professional legal advice, please visit Legal service. For more information, visit gov.uk.