How to Evict a Tenant by Serving a Valid Section 8 Notice

Introduction

A landlord can potentially evict a tenant under an Assured Shorthold Tenancy at any time, including during a fixed-term period, by serving a Section 8 notice under the Housing Act 1988 (“Housing Act”) to initiate possession proceedings.

A Section 8 notice can be served even if the landlord has not met the mandatory obligations required for a Section 21 notice.

However, unlike a Section 21 termination, which can be completed on paper, a Section 8 possession always necessitates a court hearing.

A Section 8 Notice is sent by the landlord to their tenant and it notifies the tenant that the landlord intends to begin proceedings for possession of a property under Section 8 of the Housing Act 1988, if the tenant fails to vacate the property on the expiry date of the notice. The Section 8 Notice must rely on one or more of the 17 different grounds which is listed in Schedule 2 of the Housing Act.

How is an eviction notice served pursuant to section 21?

You should use the prescribed form (Form 3) for the Section 8 Notice and correctly fill it out. It is important to remember that the correct notice period for the relevant ground(s) of possession that you are relying on is given. This notice period will range from between 2 weeks to 2 months (depending on what ground(s) are relevant.

The Government’s website provides a free template that can be used (please see the useful links section below to access the Form 3).

What are the relevant grounds for possession under Section 8?

Under Section 8, there are two different categories of grounds, namely “mandatory” grounds and “discretionary” grounds. These different categories are detailed below:

Mandatory Grounds under Section 8 of the Housing Act 1988
Ground	Description	Notice Period
Ground 1	Owner occupation where it was previously the owner’s primary residence and the didn’t buy the property during the current tenancy. The court will not grant an order for possession under a fixed term tenancy.	2 months
Ground 2	Repossession by a lender. The court can give an order for possession during a fixed term tenancy.	2 months
Ground 6	Redevelopment of the property	2 months
Ground 7A	Anti-social behaviour of the tenant. The court can give an order for possession during a fixed term tenancy.	1 month if the tenancy is a fixed term, or four weeks if a periodic tenancy
Ground 8	Rent arrears where rent is payable monthly and at least two months’ rent remains unpaid. It must remain unpaid at both the time of serving the Section 8 Notice and also at the time of the hearing for a possession order. The court can give an order for possession during a fixed term tenancy.	2 weeks

 

Discretionary Grounds under Section 8 of the Housing Act 1988
Ground	Description	Notice Period
Ground 10	Some rent is lawfully due from the tenant and it remains unpaid.	2 weeks
Ground 11	The tenant has persistently delayed paying rent which has become lawfully due. Notably, there is no need for there to be rent arrears at the time the possession proceedings commence.	2 weeks
Ground 12	The tenant has breached any term of the tenancy agreement, other than rent.	2 weeks
Ground 13	There has been a deterioration of the condition of the property or any common parts due to the tenant’s action or inaction, or someone living there, and the tenant has failed to remove that person.	2 weeks
Ground 14	Nuisance, annoyance to neighbours or visitors to the area, conviction of using the property for immoral or illegal purposes, or a conviction of an indictable offence (a serious offence which is usually heard in the Crown Court) in the local area.	No notice period is necessary

What do I need to include in the Section 8 Notice?

 The landlord must serve notice using Form 3, fully citing the specific ground(s) they intend to rely on. Additionally, the landlord needs to provide a comprehensive explanation for each ground. Any errors in issuing the Section 8 notice are likely to delay the landlord’s ability to gain possession of the property.

The notice must also specify a notice period, which varies depending on the grounds but is typically either two weeks or two months after service.

What methods can be used to serve the Section 8 Notice?

There are various ways in which you can serve a Section 8 Notice, including both in-person, process server, and by way of post. You could even serve the Section 8 Notice by email as well, if the tenancy agreement permits it. You will need to serve a separate Section 8 Notice on each of the tenants (and keep a copy for yourself). It is important to keep evidence of serving the notice for use in court, just in case you need it.

The various ways are set out below (and the AST Agreement may include provisions which restrict the serving of notices and methods you can utilise so you need to be wary of this):

Method of Serving Section 8 Notice	Explanation of How to Serve
In-Person	When serving the notice in person, you could bring a witness and photograph the envelope being posted. If the tenant is absent or refuses receipt, you could complete a certificate of service (N215) form. A Section 8 Notice delivered before 4:30 pm on a business day is considered served that day. If delivered after 4:30 pm, it is deemed served the next business day. For example, a notice served at 5:30 pm on Friday is considered served the following Monday, unless it’s a bank holiday.
Process Server	You could choose to utilise the services of a professional process server to formally serve the Section 21 Notice and this is probably one of the safest options as the professional process server would produce a formal witness statement to evidence service of the Section 21 Notice. This witness statement would help to prove correct service of the Section 21 Notice.
Post	To avoid disputes when serving the Section 21 Notice by first class post, get proof of posting from the Post Office and take a photo of the envelope being handed over. The notice is considered served two business days after posting. If posted on a Friday, it is deemed served on Monday, as Sunday is not a business day.
Email	If the assured shorthold tenancy permits, a landlord may serve the Section 21 Notice by email. Check the tenancy agreement to confirm this. Due to the need for proof of delivery, it’s advisable to use email alongside another method as detailed above.

The tenant has failed to move out following service of the Section 8 Notice (and its expiry) – what should I do and what does the process involve?

If the tenant does not vacate the property by the date specified in the notice, the landlord cannot evict the tenant themselves. Instead, they must obtain a possession order from the court.

After serving the Section 8 Notice, the landlord must wait for the specified minimum period to elapse before initiating court proceedings. This period is the date on the Section 8 Notice plus at least 14 days.

If the tenant has not vacated the property or settled any rent arrears by this time (under Grounds 8 or 10), the landlord can proceed with a possession claim. However, landlords must refrain from doing so if they have been informed that the tenant is in a Breathing Space.

Provided the tenant is not in a Breathing Space, the landlord can commence court proceedings.

There will be a court hearing, where a decision will be made on whether to grant a possession order.

Following this, if the tenant fails to move out of the property by the deadline stipulated in the possession order, you will need to take enforcement action by obtaining a warrant for possession.

The final stage is then the process of repossession itself (to enforce the possession order) by appointing court bailiffs.

How we can help

It is imperative that you seek competent and proactive legal advice from a specialist dispute resolution solicitor who has experience in residential property matters, including evictions and Section 8 Notice matters.

If you require assistance, we would be more than happy to advise and guide you, working with you to ensure that your position is protected as far as possible. As always, we will ensure that your matter is dealt with efficiently, diligently and effectively.

 Useful Links

Section 8 Notice (Form 3) Template (Government Website)

Form N215 (Certificate of Service) Template (Government Website)

 

This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.