Section 8 Notices – Grounds and Requirements

Posted onSeptember 16, 2024

When you are a landlord needing possession of your property you have the option of serving either a Section 8 or a Section 21 notice. The government intends to end no-fault eviction leaving landlords only able to serve a Section 8 notice to secure possession of their property.

Our Landlord and Tenant Solicitors are already receiving inquiries from accidental landlords worried if they will be able to get possession of their property once no-fault evictions are stopped. Professional landlords are also considering their options; concerned about increased mortgage rates, the extra responsibilities being placed on landlords and the potential for the UK government to increase the capital gains tax rate.

That’s why, in this blog, our Landlord and Tenant Lawyers look at Section 8 notices and the requirements.

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For landlord and tenant legal advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Section 8 grounds

Unlike Section 21 no-fault eviction notices, a landlord must have a valid reason to serve a Section 8 notice. If the reason does not fall within the grounds contained in the Housing Act, or if the notice does not meet the legal requirements in Section 8, the notice is invalid. A landlord must then start again with the notice process – creating delays, lost rent and invariably costing extra money.

Our Landlord and Tenant Lawyers are experts in notices, eviction and possession proceedings. Whilst no one wants to pay a solicitor it is often quicker and cheaper in the long run to get our specialist Tenant Eviction Solicitors to sort out the Section 8 notice for you and secure possession. It certainly is a lot less stressful than trying to serve the Section 8 notice yourself.

A key point about giving a Section 8 notice is that a landlord must select the correct ground for eviction. There are two types; mandatory and discretionary.

The mandatory Section 8 grounds are:

Ground 1 - the landlord needs the property back to use as their main residence. Notice can only be served using ground one if the landlord lived in the property as their main residence before the start of the tenancy agreement
Ground 2 - the mortgage lender is seeking repossession and the mortgage was taken out before the tenancy agreement started
Ground 3 - the property was previously used as a holiday let and is needed as a holiday let
Ground 4 - the property is let by an educational institution and the house is needed by students. You can only use ground 4 if the tenants were warned that this might happen before the start of their tenancy agreement
Ground 5 - the property is owned by a religious body and the house is needed for a church member
Ground 6 - the landlord wants to redevelop or refurnish all or part of the property and the tenant has said they don’t want to live in the property while the work is carried out
Ground 7 – the original tenant in the tenancy agreement has died and family members have stayed on at the property although they are not named on the tenancy agreement. The ground seven notice must be served within 12 months of the original tenant’s death
Ground 8 – the tenant is in rent arrears. If rent is paid weekly, the rent arrears must be eight weeks or more. If rent is paid monthly the arrears must be at least two months’ rent. At the time of the court hearing the tenant still needs to be eight weeks or two months in arrears so usually this ground is used in conjunction with another ground so the tenant does not reduce the rent arrears down to seven weeks rent just before the court hearing

The most common mandatory possession ground is ground eight. If the tenant is in rent arrears and does not have the means to pay the rent arrears off then the reality is that delay in serving a notice, or issues with its validity, means the landlord is even more out of pocket by the date of eviction, especially if they have a mortgage secured against the property.

There are nine discretionary Section 8 grounds where the court will only grant possession if it considers it reasonable to do so.

The discretionary grounds are:

Ground 9 – the landlord has offered and the tenant has refused other suitable accommodation. The landlord must pay reasonable removal costs if the court orders possession
Ground 10 – there are rent arrears but under this ground, the arrears can be for less than eight weeks or two months or one quarter depending on the terms of the tenancy agreement
Ground 11 - the tenant is repeatedly late with their rent or does not pay their rent without the landlord having to request it
Ground 12 - the tenant has breached the terms of their tenancy agreement. For example, sub-letting if the tenancy agreement does not allow this
Ground 13 – the tenant or their sub-tenant has neglected or damaged the property
Ground 14 – the tenant has behaved anti-socially and been a nuisance to neighbours or other tenants. Complaints will need to have been made about the tenant’s conduct before the notice is served
Ground 15 - furniture that came with the property has been damaged, broken, misused or sold by either the tenant or anyone living with the tenant
Ground 16 – the tenant was offered the tenancy agreement as part of their employment but the tenant’s employment has ended
Ground 17 – the tenant or their referee or guarantor gave the landlord false information

Our Landlord and Tenant Solicitors can advise you on the best ground or combination of grounds to use when serving Section 8 notice. This is important because if you choose a discretionary ground the court may not make a possession order. If you chose a mandatory ground, but do not have the evidence to support your case, this will also result in disappointment. For example, having no evidence that you previously lived in the tenanted property.

Section 8 notice requirements

How much notice you need to give in a Section 8 notice depends on the ground a landlord is relying on to secure a possession order. The ground must be correctly stated and the notice must give the correct notice period and state the date when the notice expires. Getting these things wrong means that the Section 8 notice is invalid and cannot be used to get possession. You can start the process again provided you still have grounds under Section 8 but that builds up delays and cost.

What happens at the end of a Section 8 notice?

If a Section 8 notice is valid, at the end of the notice period, a landlord can start possession proceedings to recover the property and secure a possession order. If a tenant will not leave after a possession order, then a landlord may need an eviction order. Getting through the notice and court process as quickly and efficiently as possible is crucial if the rent is not being paid, if a landlord needs to return to their home or if other tenants are complaining about the tenant’s ongoing behaviour and conduct.

Whilst serving notice and securing possession takes time our Landlord and Tenant Solicitors warn that the procedure must be followed to the letter to avoid a landlord being accused of illegal eviction or harassment. Our Tenant Eviction Solicitors will handle Section 8 notices and possession proceedings professionally and efficiently and can quickly advise on Section 21 notices.

Online and London Landlord and Tenant Solicitors

For landlord and tenant legal advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

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