Opting for professional tenant eviction services using the Section 8 route to possession may initially seem costly to many UK landlords. However, it can ultimately be more economical because specialists like Eviction Support Group are experienced and efficient.
While some landlords attempt to manage the eviction process themselves by serving a Section 8 notice, there are several critical details that must be correct. Many landlords inadvertently issue invalid notices, causing delays and potentially resulting in more lost rent.
A Section 8 notice to quit, also known as a Section 8 possession notice, must be properly completed and served to the tenant(s). This allows the landlord to seek possession of the rental property during the term of the Assured Shorthold Tenancy (AST).
The notice must demonstrate that the tenant has breached the conditions of the tenancy agreement. Common breaches include non-payment or late payment of rent, property damage, antisocial behaviour, and subletting.
For a Section 8 notice to be valid, the landlord must specify the grounds for eviction according to Schedule 2 of the Housing Act 1988. These grounds are divided into two main categories:
- Mandatory Grounds: Covering Grounds 1 to 8, these require the court to grant possession to the landlord if cited.
- Discretionary Grounds: Covering Grounds 9 to 17, these allow the court to grant possession if it deems it reasonable.
Grounds for Eviction
Ground 1: The landlord needs the property for their main residence. This can only be used if the landlord lived in the property before the tenancy started.
Ground 2: The mortgage lender has served a foreclosure notice. The mortgage must predate the tenancy.
Ground 3: The property was previously a holiday let and is needed again for this purpose. Specific conditions are detailed in the Housing Act 1988.
Ground 4: The property is let by an educational institution and is needed for students. Written notice must be given before the tenancy starts.
Ground 5: The property is owned by a religious organization and needed for a member of their clergy.
Ground 6: The landlord intends to demolish, reconstruct, or redevelop the property. The tenant must have refused to stay during the work. The landlord must cover reasonable moving costs.
Ground 7: The tenant is not named on the original agreement and is a tenant heir. The landlord must serve notice within 12 months of the original tenant’s death.
Ground 8: The tenant has over 8 weeks’ unpaid rent (weekly payments), 2 months’ unpaid rent (monthly payments), or 1 quarter’s unpaid rent (quarterly payments). It’s common to cite Grounds 8, 10, and 11 together to prevent partial payment from nullifying the eviction.
Ground 9: Suitable alternative accommodation has been offered and refused. The landlord must cover reasonable removal costs.
Ground 10: The rent is in arrears by up to 8 weeks (weekly payments), 2 months (monthly payments), or 1 quarter (quarterly payments).
Ground 11: The tenant consistently pays rent late or only after reminders.
Ground 12: The tenant has breached terms of the tenancy agreement.
Ground 13: The tenant has neglected or damaged the property or sublet it to someone who has done so.
Ground 14: The tenant is a nuisance to neighbours or other tenants, with complaints about their conduct.
Ground 15: The tenant or someone living with them has misused, damaged, broken, or sold furniture listed in the inventory.
Ground 16: The property was let as a condition of employment, which has now ended.
Ground 17: The tenant provided false information, or their referee/guarantor did, at the time of letting.
Notice Period for Section 8
The notice period a landlord must give varies based on the grounds cited on the Section 8 form. For example, Ground 2 requires a minimum of 2 months’ notice, while Grounds 8, 10, 11, 12, 13, 14, 15, 16, and 17 only require 2 weeks’ notice.
What Happens After Serving a Section 8 Notice?
All Section 8 forms must specify the date on which the notice expires. By this date, the tenant must either pay their rent arrears or vacate the property. In nearly 80% of cases, tenants either pay or leave before this date.
If the tenant does not comply, the landlord can initiate court possession proceedings the day after the expiration date specified on the Section 8 notice. To start this process, the landlord needs to obtain forms N5 and N119 from their local county court and pay the appropriate court fee, thereby starting the process of obtaining a possession order.
Will a Section 8 Guarantee a Possession Order?
In short, no. The likelihood of being granted a possession order depends on the grounds cited on the Section 8 form. Some grounds are mandatory, while others are discretionary.
Grounds 2 and 8 always result in a possession order being granted. However, for other grounds, the court carefully considers the circumstances, including the landlord’s and tenant’s evidence, any hardships, and extenuating circumstances faced by the tenant.
If a possession order is granted, it typically takes effect within 14 days. However, in cases of significant hardship for the tenant, this period can be extended to six weeks.
Professional Tenant Eviction Services
Navigating tenant eviction can be complex for inexperienced landlords. The safest and fastest way to evict a tenant is by using a tenant eviction specialist like Eviction Support Group, who manage all paperwork and appoint trained legal teams to handle the process.
Eviction Support Group’s expertise in tenant evictions is unmatched, making them the UK’s leading tenant eviction specialists. Find out more about the Section 8 route to possession using the following Link
