A notice under section 8 of the Housing Act 1988 (section 8 notice) is typically used where there is some default on the tenant’s part. The most common default is non-payment of rent, but any breach of the tenancy agreement or other unlawful act or omission can precipitate possession proceedings (e.g. damage to the property, pets, nuisance to neighbours etc.) using a section 8 notice.
The procedure when applying to the court under section 8 allows to not only seek a possession order for possession of the let premises but also a county court judgement for rent arrears, damages, other debt owed together with legal costs (a court may not always award costs in certain cases). The court will require that the landlord is able to show adequate evidence of the relevant breach(es) before a court will award possession and or a money judgment for any outstanding debt owed by the tenant.
Our lawyers will determine the grounds applicable to your case and carry out a risk assessment. Some grounds are mandatory and others discretionary, the court may exercise its discretion when the landlord relies on discretionary grounds only.
In cases of rent arrears, it is normally straightforward to prove default by supplying a rent schedule. In other cases of damage or noise nuisance for example it will be important to provide sufficient evidence of the grounds being relied on.
Whether the tenant no longer has the right to rent under the Immigration Act 2014, is in rent arrears or the tenancy was granted following false information provided by the tenant which caused the landlord to grant the tenancy the section 8 notice will likely be the applicable notice to served. We will determine the correct notice to serve.
The section 8 notice is a prescribed form (form 3) and has been amended by regulation on more than one occasion it is therefore imperative to ensure you are using the up to date form if you are to draft the notice yourself. Our lawyers can draft and serve notices within 24 hours of instructions being received and subject to the information required being provided by you.
We’re a landlord’s and
agent’s first call
We lead the way with evictions, helping landlords are agents nationally with a guaranteed eviction service and free advice line. Click to read our eviction service page.
Why are you different to other firms?
We aren’t just an eviction company, we specialise in property law and our impartial advice can prove the same beyond doubt. We lead the way with evictions Nationally because of our knowledge and success in helping landlords and agents.
Can I evict the tenant if I lost my agreement?
Yes you can still evict your tenant in the absence of a written tenancy agreement, we will assess the arrangements between the parties to determine the type of tenancy in order to serve the correct notice, the tenancy will likely be the default tenancy agreement which is an Assured Shorthold Tenancy Agreement.
I live abroad, can you still handle my case?
Yes, we deal with many overseas landlords and gain possession of their property in their absence and keep them up to date through the process. We can even secure the property after the eviction.
How can you guarantee an eviction?
Our expertise and knowledge in property law allows us to guarantee landlords and agents eviction. In most cases it is a matter of legal compliance and accuracy which determines if we can guarantee if eviction. Where legal compliance has been an issue for the landlord we will advise and assist comply with relevant legislation to enable a successful eviction.