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The section 8 procedure can be used where a landlord wants to recover possession of his property during the fixed term of an assured shorthold tenancy (AST). In these circumstances a section 21 notice is of no use as it can only bring to an end a tenancy after the fixed term has expired and in any event not within the first 6 months of an AST. To terminate an AST using section 8 you must be able to prove at least one of the statutory grounds for possession set out in Schedule 2 to the Housing Act 1988. Some of these grounds are mandatory grounds, which means that if the landlord can prove the ground the court must make an order for possession. Others are discretionary grounds so that even where the ground is established the court may only make an order for possession if it is reasonable to do so. A list of both mandatory and discretionary grounds can be found below.
Under section 8 the landlord is required to first serve notice on his tenant informing the tenant that possession is sought and the ground(s) on which the landlord is relying. The form of notice prescribed by the Housing Act 1988 must be used in order for the notice to be valid. A copy of the prescribed section 8 notice can be found on this website and downloaded for use. The length of notice period given to the tenant will depend on the ground(s) the landlord is relying on.
Grounds for Possession | Mandatory/Discretionary | Notice Period Reqiured |
1. The landlord used to occupy the property or wants to occupy the property as his main home | Mandatory | 2 months |
2. The property is subject to a mortgage existing before the property was let and the mortgagee is entitled to exercise a power of sale | Mandatory | 2 months |
3. The property is holiday accommodation let out of season for a term of no more than 8 months | Mandatory | 2 weeks |
4. The property is student accommodation let out of term time for a term of no more than 12 months | Mandatory | 2 weeks |
5. The property is accommodation for a minister of religion | Mandatory | 2 months |
6. The property requires redevelopment | Mandatory | 2 months |
7. The tenant has died | Mandatory | 2 months |
8. The tenant owes substantial rent arrears | Mandatory | 2 weeks |
9. Suitable alternative accommodation is available for the tenant | Discretionary | 2 months |
10. The tenant is in arrears of rent | Discretionary | 2 weeks |
11. The tenant has persistently delayed in paying the rent | Discretionary | 2 weeks |
12. The tenant has breached any obligation in the tenancy other than one related to the payment of rent | Discretionary | 2 weeks |
13. The tenant's actions have caused the condition of the property to deteriorate | Discretionary | 2 weeks |
14. The tenant is guilty of causing a nuisance or annoyance or has been convicted of using the property for any illegal or immoral purpose. | Discretionary | None Required |
14A. One tenant has left the property due to domestic abuse | Discretionary | 2 weeks |
15. The tenant has allowed the landlord's furniture to deteriorate due to ill-treatment. | Discretionary | 2 weeks |
16. The tenant occupies the property in consequence of his former employment by the landlord | Discretionary | 2 months |
17. The landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false. | Discretionary | 2 weeks |
The above is merely a brief description of each ground. Landlords should refer to Schedule 2 to the Housing Act 1988 for full details of each ground for possession. There may be conditions attached to the ground you are relying on, for example, certain grounds can only be relied on where the AST agreement specifically states so. In some cases a possession order cannot be made to take effect during a fixed term. Also, some grounds state that the tenant is entitled to compensation from the landlord.
Landlords will most frequently want to recover possession of their property because the tenant is not paying the rent. In these circumstances he can rely on either or a combination of grounds 8, 10 and 11:
NB: Landlords should use as many grounds for possession as they can in order to maximise their chances of obtaining an order for possession.
As stated above the prescribed form of notice must be used. Each tenant named on the tenancy agreement must be named on the notice and the property address must be correctly stated.
The notice must also state the ground(s) on which the landlord is relying quoting exactly the wording from Schedule 2 to the Housing Act 1988. An explanation of why each ground is being relied upon is also required and in cases of rent arrears a schedule of arrears detailing what the tenant owes will be needed.
Care should be taken to ensure that the section 8 notice is correctly served on the tenant. Service may be made by post or in person. If you are serving the notice by post the recorded delivery service should be used (and best practice would suggest a copy by first class post with proof of posting as well) as the landlord can then produce evidence that the notice was delivered. The notice is only considered to be served once it has been received so when preparing the notice to be sent by post the landlord should add a minimum of 3 working days to the notice period to allow for the notice to be delivered to the tenant.
If the tenant remains in occupation of the property after the notice period has expired the landlord may then start possession proceedings against the tenant. If the landlord is successful the possession order will usually take effect within 14 days, or if this will cause the tenant exceptional hardship, within 6 weeks.
WARNING: The law can be complex and the forms referred to in this note are only intended to be used by those experienced or trained to do so.
The information contained in this note is intended for general guidance only and cannot be relied upon. We recommend that you contact us for specific advice before serving notice or starting possession proceedings. Lawson Coppock & Hart will not be responsible for any negative outcome as a result of relying on the content of this note.
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