Section 8 Notice Guide

A Section 8 Housing Act 1988 Notice is ‘fault-based’ notice i.e. the Tenant has done something wrong such as non-payment of rent, caused damage or other. Produce a Section 8 Notice Rent Arrears. If non rent arrears click here

Tenant in breach grounds for possession

With Assured Shorthold (AT) and Assured Shorthold Tenancies (AST), the Landlord can ONLY apply for possession after the expiry of a Section 8 Notice that was previously served. The Notice must be served upon the tenant and include pre-defined legal description of the breaches they have committed. These are known as Grounds. Whilst there are 17 such grounds the most commonly use are :

Rent Arrears

Ground 8: Over two months rent is lawfuly due (8 weeks if payable weekly).
Ground 10: Some money is lawfully due.
Ground 11: Rent is persistently paid late.

Breaches of Tenancy

Ground 12: Breaches of the terms of the tenancy agreement.
Ground 13: Disrepair to the property.
Ground 14: Violence, arrestable offences, drugs, ill repute.
Ground 15: Disrepair to the furniture.

Deception

Ground 17: Landlord Induced to grant a tenancy by false information

Landlords former Home

Ground 1: The landlord requires possession in order that they may live in the property.

Click the flowchart below

Members update Oct 2011 If you prefer to use the previous Section 8 Notice Guide please click here

What is a Section 8 Notice

A section 8 is a formal legal notice that informs the Tenant that should they fail to remedy the breech within X days you are eligible to ask the court to evict them and you may also seek compensation for loss.

Step 1- Demonstrate reasonable efforts to remedy

Prior to issuing a Section 8 Notice, you must be able to demonstrate that you have tried to resolve the situation.

With rent arrears, you must send arrears letters (further help see Rent Arrears Guide)
If a Guarantor consider your legal options
Non-rent arrears see Letters for Access & Breaches.
If in doubt please call the Members Helpline
More documents ending a Tenancy

Step 2 - Issue Section 8 Notice

Should your requests be ignored;

If you have previously served a Section 8 or 21 Notice do not serve a new notice see fast track me
Issue a Section 8 Notice for rent arrears or see Demo Section 8 Wizard
or Issue a Section 8 Notice for non-rent arrears.

Issue Section 8 Notice for Rent Arrears		Issue Section 8 Notice for Non Rent Arrears
complete by hand comes with instructions Produce a Section 8 Notice for Rent Arrears Instantly		Includes 15 page Guide. Dealing with Possession NON rent arrears click here

Proof of service is vital (read more)

Either notice should be served with a witness present. This is a formal notice that informs the tenant they MUST remedy the breach or you may take the matter further [apply to court].