Section 8 Notice Solicitors

Whether you are a landlord who needs to remove a tenant for breaching the terms of their tenancy agreement or a tenant facing eviction for this reason, our Section 8 notice solicitors can provide fast, accurate advice and robust representation.

Section 8 notices can be used as a way to end a tenancy in a number of circumstances, but they are most commonly used where there is a rent arrears or the landlord believes the tenant has breached the terms of their tenancy agreement in another way. Knowing whether this is the case and following the right process is not always easy, so both landlords and tenants should seek expert advice.

At OTS Solicitors, our specialists can support both landlords and tenants across England and Wales with all types of evictions, including using Section 8 notices. We can reliably inform you of whether grounds for a Section 8 notice eviction exist and support you through the process of issuing or contesting this type of notice.

For a detailed discussion regarding a Section 8 eviction notice or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.

Our team can provide clear advice to landlords and tenants on matters including:

• Section 8 notice grounds
• Serving a Section 8 notice
• Contesting a Section 8 notice
• Section 8 notice enforcement

Speak to our Section 8 notice solicitors today

If you are a landlord or tenant, we will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our Section 8 eviction notice solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.

Our Section 8 notice services

Section 8 notice grounds

A landlord can only use a Section 8 notice to end a tenancy where they have legitimate grounds for doing so.

Our team can advise both landlords and tenants on whether there are grounds for a Section 8 eviction. This can give landlords confidence to move forward with proceedings, safe in the knowledge that they are acting lawfully. It can also empower tenants to challenge a Section 8 eviction if the landlord does not have valid grounds.

Serving a Section 8 notice

Landlords must follow a legally mandated process for serving a Section 8 notice. Failure to follow the right procedure could see the notice ruled invalid or, at least, delay the eviction.

Our team can assist landlords with correctly serving a Section 8 notice and we can advise tenants on responding to this notice as well as their options if the notice has not been served correctly.

Contesting a Section 8 notice

Depending on the situation, there may be grounds for a tenant to contest a Section 8 notice. These could see an eviction halted or at least delay it until a more favourable time.

Our experts can advise tenants on their right to contest a Section 8 notice and the process for doing so. We can also support landlords who need to deal with a contested notice.

Section 8 notice enforcement

Even where a Section 8 notice has been properly served, tenants will not always leave a property as required. In such cases, landlords may need to take further action to enforce the eviction.

We can advise landlords on their options for enforcing a Section 8 eviction. We can also support tenants who need to respond to enforcement proceedings, especially where they believe the eviction is unlawful.

Section 8 eviction notices explained

What is a Section 8 notice?

A Section 8 notice is a legal tool that landlords can use to evict tenants from their property and regain vacant possession. They are used in various circumstances, but most commonly where a tenant has built up a rent arrears or has otherwise breached the terms of their tenancy agreement.

What are the grounds for a Section 8 notice?

There are 17 different grounds that a landlord can use as the basis for serving a Section 8 notice to end a tenancy. These are divided into ‘mandatory grounds’, which means that a court must grant the landlord possession, and ‘discretionary grounds’ where the court can decide whether or not to grant possession. In either case, the landlord must be able to prove that these grounds apply.

Commonly used mandatory grounds for a Section 8 notice include where:

• The tenant has built up a rent arrears that meets one of the following criteria:
  • 8 weeks’ unpaid rent (where the rent is paid weekly)
  • 2 months’ unpaid rent (where the rent is paid monthly)
  • 1 quarter of unpaid rent (where the rent is paid quarterly)
• The landlord wishes to use the property as their main residence and has previously used it as their main residence
• The landlord intends to demolish and/or redevelop the property
• There is a mortgage on the property that predates the start of the tenancy and the lender has decided to foreclose
• The property was previously a holiday let and the landlord needs to return to using it as a holiday let

Commonly used discretionary grounds for a Section 8 notice include where:

• The tenant has built up a rent arrears that is less than the amounts set out in the mandatory grounds covered above
• The tenant has breached the terms of their tenancy agreement
• The tenant has damaged or neglected the property (or sublet the property to someone who has damaged or neglected it)
• There have been complaints about antisocial behaviour by the tenant
• The tenant or one of their referees/guarantors provided false information on which the landlord relied when deciding to let the property to the tenant
• The landlord has offered suitable alternative accommodation which the tenant has refused

How do you serve a Section 8 notice?

To serve a Section 8 notice, the landlord must fill out a form (available here) and make sure that the tenant receives a copy.

The landlord must give the tenant a suitable notice period (i.e. the length of time between the notice being served and the date the tenant is required to leave the property). This will be between 2 weeks and 2 months, depending on the grounds for the eviction.

It is strongly advised to have an experienced solicitor prepare the eviction notice for you and serve it on the tenant. This helps to avoid mistakes and delays, and can help to protect you against any accusations of an unlawful eviction.

How much notice do you need to give tenants for a Section 8 eviction?

As standard, you will need to give between 2 weeks’ and 2 months’ notice when issuing a Section 8 notice. Exactly what Section 8 notice period you need to give will depend on which terms of the tenancy agreement the tenant has breached.

How long is a Section 8 notice valid for?

The Section 8 notice does not have an expiry date, but when the notice period ends, the landlord is entitled to take further enforcement action if the tenant has not left the property.

Can a landlord use a Section 8 notice for rent arrears?

Yes, Section 8 notices can be used for any level of rent arrears but are most commonly used where a tenant has built up an arrears of more than 8 weeks (where rent is paid weekly), 2 months (where rent is paid monthly) or 1 quarter (where rent is paid quarterly).

What can make a Section 8 notice invalid?

A Section 8 notice may be invalid for a number of reasons, including if the grounds provided cannot be proved, the wrong amount of notice is given or there are other errors in the way the notice was prepared.

To avoid this issue, landlords should get expert help to prepare a Section 8 notice. Meanwhile, for tenants, it is always worth having the notice reviewed by a legal expert in case there are any reasons why it is not valid.

Can I issue a Section 21 and a Section 8 notice?

Yes, landlords can serve a Section 8 notice at the same time as a Section 21 notice. There are often good reasons to do this and it can give the landlord more options if the tenant does not leave the property.

What happens if a tenant refuses to leave after a Section 8 notice?

If a tenant refuses to leave a property after the date set in a Section 8 notice, then the landlord can take enforcement action.

They would normally need to apply to a court for a ‘possession order’ and, if the tenant still refuses to leave after this is granted, the landlord can apply for a ‘warrant of possession’ which can be used to empower a bailiff to force the tenant to leave.

Our fees for dealing with Section 8 notices

The right legal advice can be priceless when dealing with these types of legal challenges, but we always aim to ensure out pricing is fair and transparent.

For some aspects of Section 8 evictions, we can act on a fixed fee basis, while for other matters, it may be more appropriate for us to charge an hourly rate. You will always be advised on the fee structure and likely costs in advance, so you can make an informed decision.

To find out more about our fees, please use the contact details below to get in touch.

Speak to our Section 8 notice eviction solicitors today

If you are a landlord or tenant, we will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.

To speak to our Section 8 notice solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.