Section 8 Notice Template & How To Serve It Correctly?
A landlord can send a Section 8 Notice to a tenant under the Housing Act 1988 to provide the renter advance notice that they may need to depart the property.
A Section 8 Notice is merely a warning, not an eviction order, and the tenant is not required to vacate the premises immediately due to the notice period.
A Section 8 Notice is a demand for possession. A tenant should vacate the property upon receiving such a notice, but in order for the landlord to depend on the notice, it must first be pronounced legal and enforceable, and then a possession order from the courts must be issued. This requires time and money. The court will decide whether a Section 8 Notice is genuine and if the grounds for a possession order are fair, as well as whether the notice is correctly and properly written.
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When Can It Be Issued?
Section 8 notifications can only be given if tenants have violated their rental agreement in some way, such as if they:
- They have fallen overdue on their rent.
- Have caused damage to the property
- They were able to get the tenancy by lying about themselves
- Make yourself a nuisance to your neighbours.
- Have engaged in criminal activity on the property.
Landlords have a total of 17 justifications (or grounds for possession’) to choose from on a Section 8 notice. These are separated into two categories:
Possession grounds that are required
These are numbered one through eight. These are the most “concrete” causes for eviction, and necessary grounds for possession almost always result in eviction. Rent arrears or the property being repossessed by the mortgage lender are two common reasons.
Possession on discretionary grounds
These are numbered 9 through 17 and, as the name implies, are more subjective – for example, property damage. The landlord will give the basis for eviction in these cases, but the court will judge whether the reasons are valid.
Can There Be More Than One Reason For The Issuing Of A Section 8 Notice?
On a Section 8 notice, landlords can cite multiple grounds for possession.
In the case of rent arrears, if a tenant is three months behind on payments, the landlord can use one of three grounds for possession:
- Rent arrears of more than two months are classified as Ground 8.
- Rent arrears, regardless of the threshold, is Ground 10.
- Ground 11 – rental payments are regularly late.
The only requirement is Ground 8. This could lead to eviction in several circumstances. However, if the tenant could pay back one month’s rent, they would be below the necessary grounds for possession threshold.
The remaining grounds for possession are 10 and 11, all of which are optional. In certain cases, the court will consider other factors before deciding whether or not the tenant should be evicted. For example, if the tenant had lost their work or if Housing Benefit payments had been delayed.
Serving A Section 8 Notice
Those seeking possession of a property through a Section 8 notice must notify their tenants of their intention to seek possession through the courts. Depending on the reasons, the period of notice required ranges from two weeks to two months.
A landlord must be able to establish that they have made a reasonable attempt to fix the matter before issuing a Section 8 notice, and the notice must include a pre-defined legal definition of the violations committed.
If a tenant refuses to remove a property after receiving a Section 8 notice and the notice’s expiration date has expired, the landlord can seek repossession from the court.
What Makes It Invalid?
If the tenant receiving the Section 8 Notice does not have an assured or assured shorthold tenancy, the notice will be void. The tenancy may be for a specific period of time or on some other legal basis.
A Section 8 Notice must include a legal basis for service as well as all required information. Failure to include the right names of all parties to the tenancy agreement or an incorrect Notice termination date are examples of common Section 8 Notice errors. For failing to give complete and accurate facts, even for a guaranteed or assured shorthold tenancy, the Notice could be invalidated.
The Section 8 Notice must state a proper reason for eviction, which is typically referred to as “the grounds for possession.” There may be more than one ground cited in the case of rent arrears.
How To Serve Section 8 Notice Correctly?
Importantly, Section 8 notices are only valid if they are properly filled and issued. Landlords must also use the most recent assured tenancy forms, which can be available on GOV.UK (form 3).
The eviction notice issued under Section 8 is the final stage in the process. Landlords should offer renters regular reminders of the reasons why they are breaking tenancy regulations before issuing a Section 8.
It is suggested that these reminders be delivered once a week. Landlords should also spell out exactly what constitutes a rule violation. If the issue involves rent, landlords should specify the amount owed in the letter.
Section 8 notices must also be delivered in a specific manner, which may be stipulated in the tenancy agreement and may include:
- Giving the tenant the notice.
- Postal delivery of the notification
- Placing the note in the mail slot.
Coronavirus And Section 8 Notice
The government has advised that, as of August 29, 2020, landlords should provide renters at least six months’ notice before commencing possession proceedings under the Coronavirus Act 2020. There are a few exceptions, such as in the following cases:
- If a tenant is more than six months late on their rent.
- If tenants have been accused of anti-social behaviour.
- If a renter is accused of domestic violence.
Final Words
Dealing with delinquent tenants and the costs of eviction can be difficult for landlords. The financial damage, however, can be mitigated with appropriate insurance. Rent guarantee insurance, for example, can be used to recover rent arrears, and legal expenditures can be used to pay the cost of professional advice and court fees.
Get your free section 8 notice template here.
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