What is a section 8 notice?
A section 8 notice is one of the most important ‘last resort’ options available to landlords. While the vast majority of tenants pay promptly and leave the property in the condition in which they found it, some are less pleasant. As a landlord it is vital that you are aware of your rights and responsibilities when it comes to dealing with tenants of this sort.
Section 8 notices are served when a landlord intends to regain possession of their property. There are limited circumstances in which this tool can be used. The tenant must have demonstrably breached the tenancy agreement, for example by failing to pay their rent.
Section 8 is based on 17 grounds. The landlord can seek to regain possession of the property before the term of the tenancy comes to an end based only on these grounds. When the landlord serves the tenant with the section 8 notice, they have to state the grounds by which they are seeking possession of the property, and the reasons for relying on the grounds.
Once the section 8 notice has been filled out, it must be sent to the tenant. It is recommended that the notice be served by hand and by first class post with proof of postage and also by recorded delivery. It is recommended to allow a minimum of three working days for the notice to arrive at the address of the tenant.
The section 8 notice expires two weeks or two months after this date, depending on the grounds being cited. It is only once the notice has expired and the issue has not been resolved that the landlord can apply for a possession order from the court.