What is a section 8 notice?
A ‘Section 8 notice’ is also known as a ‘section 8 possession notice’, because it operates under section 8 of the Housing Act 1988.
A section 8 notice can only be issued to a tenant who has infringed the terms laid out in the tenancy agreement – the most usual being rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession before the fixed term of tenancy has finished.
When is a section 8 Possession Notice used?
A Section 8 possession notice is used where the tenancy has a long period to run, where you do not have a signed an Assured Shorthold Tenancy Agreement, where the tenant is in breach of the Agreement, or you are not allowed to issue a Section 21 Notice.
Section 8 notices are commonly used where there are rent arrears or where the tenant has breached the terms of the Tenancy Agreement, such as damage to the property or being a nuisance to the neighbours etc. A section 8 notice is a legal notification to the tenant, to request that they correct the breach. If the tenant does not correct the breach, the landlord can then apply to the Court for remedy. The Landlord may also choose to serve a Section 21 Notice at the same time in order to bring the tenancy to an end.
At JMR Solicitors we can advise you on all aspects of the Section 8 Notice procedure and the different aspects of section 8 notices under the Housing Act 1988.