Section 8 Notice Seeking Possession

Section 8 Notice Seeking Possession

A section 8 notice seeking possession enables landlords to seek an eviction of their tenant at any point during a tenancy. It can be used to bring either an assured shorthold tenancy or an assured tenancy to an end in England and Wales.

Mander Cruickshank Solicitors have vast experience in guiding Landlords through this procedure. Landlords must specify a reason for possession to be granted by the courts. In order to serve a valid Section 8 notice a landlord must use one or more  grounds that are either mandatory or discretionary, that are listed 1-17 in Schedule 2 of the Housing Act 1988. The grounds must be set out correctly and in accordance with the Housing Act 1988 or the notice may not be valid. The notice period required will depend on the ground being used.

A section 8 notice outlines that the landlord intends to seek possession from the court if the tenant doesn’t leave by the end of the notice period. If the tenant doesn’t leave, the landlord must apply to the court for a possession order. This process requires a landlord to submit paperwork with supporting evidence and attend a hearing in the presence of a judge.

Let Mander Cruickshank Solicitors ensure that no mistakes are made and that the process is seamless. Under mandatory grounds, the courts must order possession as long as the relevant evidence threshold have been met and the form has been correctly drafted. For discretionary grounds, the court will decide whether it would be reasonable to rule in favour of the landlord. Our experts will assist you in maximising the chance of the court ruling in your favour.

Section 8 is commonly used due to rent arrears, using the mandatory ground 8, which currently requires two months’ arrears at notice and on the date of the hearing. Ground 8 requires landlords to give two weeks’ notice to their tenant, compared to the two months required using Section 21. It also allows landlords to claim the outstanding rent in the same process. Let Mander Cruickshank take the stress away from you and complete all the paperwork lawfully and correctly.

We know that the requirement for evidence can pose a challenge when a landlord is making a case for repossession due to anti-social behaviour or nuisance. This is because such claims can be difficult to prove, particularly where witnesses – such as other tenants or neighbours – are unwilling to give evidence against the tenant. We have experience in building up an admissible evidence base for use in Court.

When serving a Section 8 notice, landlords must always use the correct form, and in order to be valid, the Section 8 notice must use correct wording and state the ground(s) to be used in full, precisely as written in the Housing Act 1988. Our experts will ensure that no mistakes are made in your notices. Contact us today, to let us help you with your Section 8 notice requirements.

Email c.anderson@mandersol.co.uk for more information or to instruct us.