Top Questions Answered

Section 8 Notices – The Basics

Why should I use the Section 8 Notice?

When you want the tenant to realise you are serious and that you are a competent landlord and comfortable in proceeding to court. On many occasions, once tenants receive the notice they realise that the matter has been elevated to the next level.

Often receipt of the notice alone with our cover letter informing the tenant of the legal redress you will be seeking [including CCJ], is enough and the tenants [if sensible] will take note.

If your tenancy has a long period to run and the tenant is in breach you have little choice, for whilst a Section 21 can be issued at any time no legal proceeding can commence until the expiry of the notice [No less than the last day of the fixed term of the agreement].

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What is a Section 8 Notice ?

It is a notice to terminate an Assured Tenancy or Assured Shorthold Tenancy to be used where one or more breaches have been committed, there are 17 such breaches. These are defined within Schedule 2 to the Housing Act 1988 and commonly referred to as grounds for possession.

When would I issue a Section 8 Notice?

When the tenant fails to remedy a breach that you have previously requested they remedy. Prior to embarking on the next part of the legal process, a valid service of the Section 8 Notice is a pre-requisite of the legal process that must be used if the tenant will not leave and you require possession and or damages.