Section 8 Notices can sound incredibly complicated but this site will help explain it all.
The website is a free online web resource for self managed landlords in England and Wales, or those landlords that have property in England and Wales. The site intends to support landlords through the process in order to ensure that they are in a position to make the correct decisions at the right time and make the appropriate choice for their level of experience and knowledge.
What is a Section 8 Notice?
Section 8 Notices are formal notices requesting possession of the landlords property within a shorter period than would be available through simply serving notice. See Section 21 for the details of serving notice. A section 8 notice is a possession notice issues by a landlord to regain possession of the property and as it has the ability to do so in a faster time than the contractual or legal notice period, it can only be issued under a restricted number of reasons or grounds. These are explained in full detail in the site.
A Section 8 Notice will only apply to Assured Shorthold Tenancies (AST’s) and Assured Tenancies. Please note that this website focuses on the rights as set out in the Housing Act and as per the AST aspect only. This website will give you sufficient information, free support, help and guidance to allow you to submit the form alone or for you to select one of our approved support partners to help with any aspects.
Navigating the Main Menu at the top of this page will allow you to learn more details about Section 8 Notices, Grounds for a Section 8 Notice, their role in tenant eviction, the importance of the Housing Act, the Section 21 alternative is compared and common problems are also explained so that you can avoid them. Once you have been through the site to improve your knowledge, remember the following 8 steps to serving a Section 8 Notice.
8 Steps to Issuing a Section 8 Notice
1. Have all avenues to resolve the issue been considered?
This is a non-technical issue but all too often Landlords can see the ‘red-mist’ before they think about reasoning with their problem tenants (a typically faster and easier solution).
2. What options for terminating the agreement do I have?
Given the problems, what alternatives do you possess? How long will a Section 21 Notice take to get the tenants out? There are numerous benefits of using a Section 21 Notice if possible. Consider this option first.
3. Is a Section 8 Notice relevant to my tenancy?
Consider whether the tenancy you entered into is actually an Assured Shorthold Tenancy (AST) or an Assured Tenancy. If not it won’t be relevant.
4. Do I have grounds for issuing a Section 8 Notice?
So a Section 8 Notice is relevant, you have exhausted all other options, the alternatives are not as practical. Do you have a basis for issuing the Section 8 Notice and is it a strong one?
5. Where can I obtain a form or notice template?
If all the above is resolved then it is time to download a template or form. Many companies will charge you for such a template. Brilliant Landlords will not. Their template is free.
6. How do I complete a Section 8 Notice?
If you have been through the above, then completing the form is as simple as it sounds. You will need to get dates right and ensure you state your grounds and justify them. Brilliant Landlords will help you here but the fee is minimal for the support provided.
7. How do I serve the notice?
In writing, hand delivered by an independent party who can confirm the contents and obtain a receipt from the tenant. This is the perfect method but getting a receipt is next to impossible so do not worry about that. Mail services are fine, but will take time. The date the notice is served is the date it it delivered.
8. What happens once a Section 8 Notice is Served?
Contact your local courts for further details here. You must serve notice to your tenant but you must also inform the local courts. They will inform you of the time frames involved, which will vary depending on the grounds you have used on the form.