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.
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.
What does a Section 8 Possession Notice include?
Here are the key components typically included in a Section 8 Possession Notice:
- Heading and Reference Information: The notice begins with a heading that clearly identifies it as a Section 8 Possession Notice. It includes the name and contact details of the landlord or their representative, the name of the tenant(s), and the address of the rental property.
- Grounds for Possession: The notice specifies the grounds or reasons for seeking possession under Section 8 of the Housing Act 1988. Section 8 provides various grounds for eviction, each with a specific code or number. The notice will state the particular ground(s) being relied upon and provide a brief description of the alleged breach or violation by the tenant.
- Notice Period: The Section 8 Possession Notice outlines the notice period, which is the minimum amount of time the tenant has to address the issues or vacate the property. The notice period varies depending on the specific ground(s) being relied upon. Different grounds have different notice periods, ranging from 14 days to several months. The notice must comply with the legal requirements for the chosen ground and notice period to be valid.
- Supporting Documentation: The notice may include any relevant supporting documentation or evidence to substantiate the grounds for possession. This can include copies of the tenancy agreement, records of communication or warnings issued to the tenant regarding the breach, or any other evidence that supports the landlord’s case for eviction.
- Further Information and Instructions: The Section 8 Possession Notice may provide additional information or instructions to the tenant. This can include details on how to rectify the breach or violation, if applicable, or information on seeking legal advice or assistance. It may also provide instructions on how to respond to the notice, such as by contacting the landlord or attending a court hearing if the matter proceeds to court.
- Signature and Date: The notice concludes with a space for the landlord or their representative to sign and date the document. This indicates that the notice has been served by an authorized party and helps establish the validity and timing of the notice.
It is crucial for landlords to ensure that the Section 8 Possession Notice is served correctly and complies with all legal requirements. Failure to follow the proper procedures or include accurate information can impact the validity of the notice and subsequent eviction proceedings.
Please note that the specific requirements and procedures for a Section 8 Possession Notice may vary based on local laws and regulations. It is essential to consult the relevant legislation or seek legal advice to ensure compliance with the specific requirements in your jurisdiction.
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.