A Section 8 notice does not itself order eviction, but simply lets your tenant know that you intend to apply for a possession order at the end of the required notice period. The Letter also reminds the Tenant of the steps he must take before vacating the property. If the tenant is still in arrears at this point you may apply to the Court for a Possession order. The most frequent reason for Section 8 notice is fallen into rent arrears or non-payments . A landlord may actually be better off electing to use a Section 21 Notice rather than a Section 8 notice and we look at the merits of both in the section 21 notice versus section 8 notices which is best. Section 8: A Section 8 notice (also known as a Notice to Quit) is served when a tenant has breached their contract and therefore the landlord has grounds for possession. Download. If the tenants ignore the section 8 notice, law enforcement agency has all the rights to step in and solve the issue according to the law. You must ensure that before serving a section 8 eviction notice on ground 8, your tenant is in arrears of the relevant amount of rent on the date you gave the tenant notice and/or on the date of the possession hearing in court. This Section 8 Notice Seeking Possession (Wales) is a type of eviction notice. A notice addressed to only one joint tenant would be invalid. From 24 July 2020, landlords in Wales will need to give their tenants a minimum of 6 months’ eviction notice when using the section 8 procedure. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. This evidence, such as testimonies from neighbours or photographs of the property, can help convince the court to rule in favour of the landlord. Most standard form section 8 notices are provided with the legal meaning of all 20 grounds set out within them. I gather that the Lakhany judgment is being taken to a second appeal. To download the free template for your Section 8 Notice simply register (select button on right) for FREE, no catches. But if this notice expires (given under section 8), and they have still not performed any of the above, you can apply for a hearing at a County Court. if the property is let on an assured shorthold tenancy, the tenant has not paid the rent and remains at the property, if you want to take possession of your property, the prescribed form of notice needed before any court proceedings can start, a list of the grounds to obtain possession of the property as set out in the Housing Act 1988. Downloadable Notice to Quit Templates. List ALL the grounds on which possession is being sought and use the EXACT WORDING stated in the Housing Acts. Make sure you have a valid and up-to-date section 8 notice. Due to Covid-19 there is uncertainty on when eviction proceedings will be allowed to recommence. A notice template is a perfect communication tool for passing an urgent information from an author to the target readers. However, a section 8 notice does not guarantee a court will grant a possession order for the tenant to vacate. The sole exception is in extreme circumstances (eg anti-social behaviour and extreme rent arrears of at least 9 months, accumulated before 23 March 2020). What measures must I take before serving a section 8 eviction notice on ground 8? This can be done by filling the relevant forms with the court. At this point, if the tenants leave the building, they are still safe but if they donât police or local law enforcement agency steps in and forcibly makes them leave the building and as a result, they might spend some time behind bars i.e. Ground 11 applies if the tenant has regularly been late at paying the rent whether or not the tenant is actually in arrears. Create as many legal documents as you want, ask legal questions, and get advice from On Call Lawyers. Use this notice if the tenant has not paid rent or they have damaged the property without repairing it. Where there are joint tenants, the notice must name all of the tenants who are on the agreement. It gets the attention of the reader to the issue in question. You cannot use a Section 21 notice if any of the following apply: 1. it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this 2. the property is categorised as a house in multiple occupation (HMO) and does not have a HMOlicence from the council 3. the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme 4. the tenancy started after October 2015 and you have not use… Section 8 as amended by section 151 of the Housing Act 1996 Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural Occupancy. Now understanding what each of these grounds entails is fairly simple, so don’t worry if law is not your niche. Legislation is expected to stay in place until 31 March 2021. Fast Track Eviction Section 8 Notice. Section 8 of Housing Act is responsible for tenant’s eviction in case of breaching tenancy agreement. Here is download link for thisÂ Section 8 Notice Sample, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Warning Notice Template – Format & Sample, Name of the landlord who is sending the notice, Address of the property lend to the tenants. If your property is let on an assured shorthold tenancy, the most common form of tenancy with private landlords, you'll need to use this section 8 notice template to ensure that you have the grounds for possession of the property. 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