Understanding Section 8
What is Section 8?
- If the tenant has fallen behind with rental payments or is in breach of their tenancy agreement the landlord can serve them with a 14 day notice (not including postage time). This gives them an initial opportunity to clear the arrears in place or rectify the breaches of contract before proceedings can be brought against them. This legal notice is called a Section 8 Form 3.
When is Section 8 issued?
- Unlike under Section 21 a Section 8 Notice can be served at any time during the fixed term of an Assured Shorthold Tenancy (AST) and repossession can commence once the notice period has expired.
Why Would I serve a Section 8?
There are several reasons a landlord can issue a section 8 notice and specific grounds which are required to be relied upon dependant on the particular breaches.
Below you will find the most commonly used explanations for serving this notice:
- Rental arrears
- Damage to the property
- Subletting the property without the Landlords permission.
- Anti-social behaviour
Prior to making an application to the court for a possession order you must have evidence that a section 8 Form 3 has been served and the correct grounds have been relied upon. To ensure its validity it is recommended that expert advice is sought.
Please note failure to serve the notice correctly will result in delays as you will you have to begin the process again.
Helpland assists landlords and letting agents throughout England and Wales providing valuable advice on multiple areas of eviction including the section 8 process.