A Section 8 notice is a warning from your landlord that they are seeking possession of their property due to a change of its use or you have breached your tenancy agreement.

Although a Section 8 notice asks you to vacate the property, you won’t need to do so immediately as there will be a notice period. If the notice period expires and you do not leave the property, the landlord can start a possession claim through the courts to evict you.

For a Section 8 notice to be valid, it needs to include the reason for the eviction (known as ‘grounds for possession’), plus supporting evidence where possible.

To issue a valid Section 8 notice, your landlord must use the latest version of “Form 3” from the government website. The form must include the details of the tenancy, the grounds for eviction, plus the length of the notice period.

Grounds

A Section 8 notice can have multiple grounds for eviction, including a mix of mandatory and discretionary reasons. Depending on what it says in the tenancy agreement, the eviction notice could be delivered in person, put through the letterbox, or sent by post.

Notice Period

Landlords can give between 2 weeks’ and 2 months’ notice depending on which terms they’ve broken.

Correct Details

The tenant's personal details and the address of the property must be correctly stated.

Any challenge you raise based on the notice not being completed properly will only be a temporary solution as the form is likely to be resubmitted soon afterwards.

Mandatory grounds where the Court must grant Possession

• Ground 1: The Landlord requires possession as he used to occupy the property as his main home or he now wishes to occupy the property as his main home.
  
  

• Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to exercise a power of sale.
  
  

• Ground 3:The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let.
  
  

• Ground 4: The tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term.
  
  

• Ground 5: The property is that of a minister of religion.
  
  

• Ground 6: The property requires redevelopment.
  
  

• Ground 7: The tenant has died.
  
  

• Ground 8: The tenant is in rental arrears.

Discretionary grounds where the Court may grant possession:

• Ground 9: Suitable alternative accommodation is available for the tenant upon possession.

• Ground 10: The tenant is in arrears of rent.

• Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears.

• Ground 12: Any obligation of the tenancy has been broken, other than payment of rent.

• Ground 13: Due to the tenant’s conduct, the property has deteriorated.

• Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. The tenant is convicted in engaging in illegal or using the property for immoral purposes.

• Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment.

• Ground 16: The tenant occupies the property due to his former employment by the landlord.

• Ground 17: The Landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false.

If you do not leave the property by the date given, your landlord can issue a possession claim. There is currently a £355 court fee that you will need to pay back to your landlord.

Possession claims before 3 August 2020

If your landlord issued a possession claim before 3 August 2020, they may need to complete and submit an N244 to continue the claim. This can add further court costs to the claim.

A landlord does not have to submit an N244 if:

• a reactivation notice was submitted to the court before 4pm on 30 April 2021
  
  

• a judge has issued a possession order that says you must leave the property

If you are facing eviction, you should get urgent help from a specialist housing and or debt adviser to run through your options. Your actions are important to prevent being considered as intentionally homeless by your local authority.

You may benefit from being added to the government's standard breathing space scheme to pause the eviction process. Only a qualified debt adviser can add you to this scheme.

Money Advice Hub

If you are a London & Quadrant Housing Trust Tenant and have been referred to us through the Pound Advice Service, we are funded to provide you with housing and debt advice combined. Please use out contacts page to get in touch.

King's Lynn and West Norfolk Residents

If you are a King's Lynn and West Norfolk Resident, the Borough Council commissioned Money Advice Hub to provide debt advice and income maximisation advice and Shelter to provide housing advice. If you need help with financial difficulties and need to consider the government's breathing space scheme's, please visit our contacts page to get in touch. If your contact is urgent, please email us at help@moneyadvicehub.email and add URGENT to the email subject. If you need housing advice, you must contact Shelter.

Other Advice Agencies

You can search for a local adviser by using the free online Advice Local Tool.

If you are near a local Law Centre, you may be able to get help there. Law Centres can usually provide advice under legal aid if you are eligible.

You can also use the government's 'Find a Solicitor' online tool to find a housing solicitor, if you qualify for legal aid you need to check that the solicitor works under legal aid.

Local Authority Homelessness Prevention Team

You should contact your local authority homelessness prevention team if you there is a risk you will be evicted. Depending on your household circumstances, they can sometimes negotiate with landlords directly to help you remain in your property, or look at downsizing options for affordable housing. You will be assessed by your local authority to check whether they have a duty to rehouse you or offer temporary accommodation.

You can find your local authority here.