Section 8 Eviction Notice
I have been served with a Section 8 Eviction Notice - what does this mean and what can I do?
What is a Section 8 Notice?
A Section 8 Notice is statutory notice seeking possession of your home which can result in court action. These types of notices are known as “at fault” eviction notices. These are only issued where the landlord believes that the tenant is at fault. The fault may be one of the reasons set out in the Housing Act 1988 or a particular term of the tenancy.
The most often complaint raised is rent arrears.
What happens when a Section 8 Notice is Served?
Provided that all of the criteria are met (see below) and a notice has been served, it will allow the Court to bring the tenancy to an end once the matters complained of have been determined as correct. The notice simply requires compliance by a specific date failing which court proceedings will be begun. The date itself has no operative effect on the term of the tenancy. The date stated in the notice cannot be less than 14 days from the date in the notice but see the rules as to posting and deemed service.
If the fault grounds are determined by the court to have taken place and you did not remedy the fault before proceedings were issued then the court may make an order for costs in the Landlord’s favour.
What are the criteria to service a Section 8 Notice?
A Section 8 Notice can be served for any of the reasons set out in Schedule 2 to the Housing Act 1988. Those grounds are split into two parts. There are mandatory grounds which if found to be made out by the landlord, the Court must make an Order for possession and there discretionary grounds which if found to be existing on the landlord’s complaint the Court has a discretion to order that the tenant return possession of the premises to the Landlord.
How do I know if a Section 8 Notice is valid?
The notice must be validly served. This is usually by posting the notice to the property or by leaving copies of the notice in person at the property (delivering by hand). Other methods of service may apply. The tenancy agreement usually set out how such notices must be served and at where this should happen. The service needs to ensure that there 14 days from the date the tenant receives the notice to take into account a minimum of two days for posting the notice if it is being served by post if certain ( but not all of the grounds) are set out in the notice. Some grounds give a two month remedy period.
Unlike Section 21 Notices, this Section 8 Notice can be served before the contractual term of the tenancy has come to an end.
There is no requirement here for the landlord to prove that he had provided the prescribed information to the tenant at the commencement of the tenancy and continued to provide the documentation throughout the term of the tenancy such as the gas safety certificate.
What happens if a Section 8 Notice is invalid?
This is very much the same as an invalid Section 21 Notice. See Section 21 Notice
If you are struggling, there are various organisations that may be able to assist you and below are some links to those organisations.:
This note is not legal advice and must not be relied upon as such. Any reference to third party organisations is not an endorsement of those organisations or an endorsement of Leeds Day LLP by those organisations. Content based on law at date of publication and does not take into account the forthcoming changes in the Renter Refrom Bill.