Serving A Section 8 Notice

A “Section 8 Notice” is used to terminate an Assured Shorthold Tenancy Agreement during the fixed period when a tenant has breached the agreement (e.g. fallen into rent arrears). A landlord cannot legally evict their tenant without obtaining a possession order from a County Court.

 

Before applying to the court for this order, Evict My Tenant Limited UK Ltd must serve a “Section 8 form 3 Notice Requiring Possession ” on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground(s) on which possession is soughtught.

 

The most common type of breach during the term of the tenancy is for non-payment of rent. In order for the Section 8 to be valid, the landlord must specify on which grounds, set out in Schedule 2 of the Housing Act 1988, the tenant has breached.

 

The grounds fall into two categories:

  • Grounds 1-8 (Mandatory) – the court must make the possession order.
  • Grounds 9-17 (Discretionary) – the court will make the order only if it is reasonable to do so.

 

How We Serve A Section 8 Notice

To start proceedings, we must first inform the tenant, using the Section 8 Notice, that you wish to seek possession. The Notice of Seeking Possession is issued under section 8 of the Housing Act 1988 and must be served in the prescribed form – ‘Section 8′ with an up to date rent schedule.

 

Any errors made when issuing the Section 8 Notice (which is extremely common when landlords and letting agents serve it themselves) is likely to delay the landlord gaining possession. That is why it makes sense to seek legal advice from us before issuing a Section 8 Notice to Evict My Tenant Limited.

 

Service Of The Notice

All our Notices are hand delivered anywhere in the UK, normally within 48 hours. We also keep a record of the delivery report as evidence, should the matter go to court.

 

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