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Section 8 Notice

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HOUSING ACT 1988, Section 8 as amended by Section 151 of the Housing Act 1996,
section 97 of the Anti-social Behaviour, Crime and Policing Act 2014, and section 41 of the Immigration Act 2016

Notice seeking possession of a property let on an
Assured Tenancy or an Assured Agricultural Occupancy

This form should be used where possession of accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.

Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed. Form 6A 'Notice seeking possession of a property let on an Assured Shorthold Tenancy' is prescribed for these cases.



  1. To: ____________________
  2. Your landlord/licensor intends to apply to the court for an order requiring you to give up possession of: ____________________.
  3. Your landlord/licensor intends to seek possession on ground _________ in Schedule 2 to the Housing Act 1988 (as amended), which reads:

    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________

  4. Give a full explanation of why each ground is being relied on:

    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________
    ________________________________________________________________________

    Notes on the grounds for possession

    • If the court is satisfied that any of grounds 1 to 8 is established, it must make an order (but see below in respect of fixed term tenancies).
    • Before the court will grant an order on any of grounds 9 to 17, it must be satisfied that it is reasonable to require you to leave. This means that, if one of these grounds is set out in section 3, you will be able to suggest to the court that it is not reasonable that you should have to leave, even if you accept that the ground applies.
    • The court will not make an order under grounds 1, 3 to 6, 9 or 16 to take effect during the fixed term of the tenancy (if there is one) and it will only make an order during the fixed term on grounds 2, 7, 7A, 8, 10 to 15 or 17 if the terms of the tenancy make provision for it to be brought to an end on any of these grounds. It may make an order for possession on ground 7B during a fixed-term of the tenancy even if the terms of the tenancy do not make provision for it to be brought to an end on this ground.
    • Where the court makes an order for possession solely on ground 6 or 9, the landlord must pay your reasonable removal expenses.
  5. The court proceedings will not begin until after: 17 December 2017.

    Notes on the earliest date on which court proceedings can be brought

    • Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16 (without ground 7A or 14), court proceedings cannot begin earlier than 2 months from the date this notice is served on you and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.  This applies even if one of grounds 3, 4, 7B, 8, 10 to 13, 14ZA, 14A, 15 or 17 is also specified.
    • Where the landlord is seeking possession on grounds 3, 4, 7B, 8, 10 to 13, 14ZA, 14A, 15 or 17, (without ground 7A or 14), court proceedings cannot begin earlier than 2 weeks from the date this notice is served.  If one of 1, 2, 5 to 7, 9 or 16 grounds is also specified court proceedings cannot begin earlier than two months from the date this notice is served.
    • Where the landlord is seeking possession on ground 7A (with or without other grounds), court proceedings cannot begin earlier than 1 month from the date this notice is served on you and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.  A notice seeking possession on ground 7A must be served on you within specified time periods which vary depending on which condition is relied upon:
      • Where the landlord proposes to rely on condition 1, 3 or 5: within 12 months of the conviction (or if the conviction is appealed: within 12 months of the conclusion of the appeal);
      • Where the landlord proposes to rely on condition 2: within 12 months of the court's finding that the injunction has been breached (or if the finding is appealed: within12 months of the conclusion of the appeal);
      • Where the landlord proposes to rely on condition 4: within 3 months of the closure order (or if the order is appealed: within 3 months of the conclusion of the appeal).
    • Where the landlord is seeking possession on ground 14 (with or without other grounds other than ground 7A), court proceedings cannot begin before the date this notice is served.
    • Where the landlord is seeking possession on ground 14A, court proceedings cannot begin unless the landlord has served, or has taken all reasonable steps to serve, a copy of this notice on the partner who has left the property.
    • After the date shown in section 5, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served. After this time the notice will lapse and a new notice must be served before possession can be sought.
  6. Name and address of landlord/licensor

    To be signed and dated by the landlord or licensor or the landlord's licensor's agent (someone acting for him).  If there are joint landlords, each landlord, or the agent, must sign unless one signs on behalf of the rest with their agreement.

    SIGNED by the Landlord

    _____________________________

    Dated: 17th day of December, 2017


    Name
    ____________________

    Address
    _________________, _________________, _________________, , __________________, __________________

    Telephone (Daytime)
    __________

    Telephone (Evening)
    __________



    What to do if this notice is served on you

    • This notice is the first step requiring you to give up possession of your home. You should read it very carefully.
    • Your landlord cannot make you leave your home without an order for possession issued by a court. By issuing this notice your landlord is informing you that he intends to seek such an order. If you are willing to give up possession without a court order, you should tell the person who signed this notice as soon as possible and say when you are prepared to leave.
    • Whichever grounds are set out in section 3 of this form, the court may allow any of the other grounds to be added at a later date. If this is done, you will be told about it so you can discuss the additional grounds at the court hearing as well as the grounds set out in section 3.
    • If you need advice about this notice, and what you should do about it, take it immediately to a citizens' advice bureau, a housing advice centre, a law centre or a solicitor.

Residential Eviction and Lease Notices

Landlords in England, Northern Ireland, Scotland, and Wales require specific notice forms to evict tenants from a residential property. LawDepot offers the forms you need for your country and allows you to customise them to your situation.

Evicting a tenant in England and Wales

In England and Wales, landlords can use a Section 21 Notice (Fixed or Periodic) or Section 8 Notice to evict a tenant.

What is a Section 21 Notice Letter?

A Section 21 Notice, also known as a Notice Requiring Possession, can be used to terminate a fixed or periodic Assured Shorthold Tenancy (AST) after the term is over.

What is the difference between a fixed and periodic tenancy?

A fixed term tenancy has a specific end date (e.g. May 30).

A periodic tenancy has no end date and automatically renews every week or month.

A tenant can begin a tenancy for a fixed or periodic term. If neither party chooses to end a tenancy after a fixed term expires, it automatically rolls into a periodic tenancy.

Who should use a Section 21 Eviction Notice?

A Section 21 Notice is typically used by a landlord to terminate a fixed or periodic Assured Shorthold Tenancy and regain possession of the dwelling after the term has expired.

What does a Section 21 Eviction Notice include?

A Section 21 Notice includes the following information:

  • Name, address, and phone number of the landlord
  • Name and address of the tenant
  • Date the notice is served
  • Date of repossession
  • Reference to Section 21 of the Housing Act

What is a Section 8 Notice?

A Section 8 Notice, also referred to as a Section 8 Possession Notice, is used by landlords to terminate an Assured Shorthold Tenancy before the fixed term has ended.

When can I use a Section 8 Eviction Notice?

A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. The order must specify the landlord's intentions of regaining possession to the dwelling, and also the mandatory or discretionary grounds for eviction.

What is the difference between mandatory and discretionary grounds for eviction?

If one of the mandatory grounds for eviction is proven in court, the judge must grant a possession order to the landlord. Conversely, discretionary grounds are subjective, and the possession order is granted at the court's discretion.

What does a Section 8 Possession Notice include?

A Section 8 Notice includes the following information:

  • Name and address of both the landlord and tenant
  • Date the notice is served
  • Repossession date
  • The statutory grounds that the tenant violated
  • Reference to Section 8 of the Housing Act

Evicting a tenant in Northern Ireland

In Ireland, a Notice to Quit is used to evict a tenant.

What is a Notice to Quit?

A Notice to Quit is a written eviction notice that a landlord or tenant can use to end a residential tenancy.

When can I use a Notice to Quit?

A Notice to Quit can be used to end a fixed or periodic tenancy when:

  • A tenant breaches the Tenancy Agreement within a fixed or periodic term (e.g. tenant has failed to pay rent).
  • A landlord or tenant wishes to end a periodic tenancy.

How do I deliver a Notice to Quit letter?

You must serve the Notice to Quit within the appropriate notice period, which will depend on how long the tenant has lived in the property or the stated notice period in the Tenancy Agreement.

The notice form should be delivered in person, by mail, or electronically. You can ensure the notice was received by using recorded delivery, asking a third party to witness the delivery, or requesting a response from the tenant once they've received the letter.

Both parties should have a written copy of the notice for their records.

What is included in a Notice to Quit?

A Notice to Quit should include the following information:

  • Landlord and tenant contact information
  • Address of the premises
  • How the tenant breached the agreement, citing the breach
  • Last day of the tenancy
  • Instructions regarding security deposit, property inspection, or key drop off

Evicting a tenant in Scotland

In Scotland, a Notice to Quit form is used to evict a tenant or end a tenancy. Scottish landlords must also issue a Section 33 Notice to end a tenancy, or a Form AT6 when the tenant has breached the agreement before the term is over.

What is a Section 33 Notice?

When a landlord wishes to end a Short Assured Tenancy, they must provide their tenant with a Section 33 Notice and a Notice to Quit.

A Section 33 Notice states that the landlord wants to repossess the property and provides a date of repossession.

Unless otherwise stated in the Tenancy Agreement, the minimum notice period for a Section 33 Notice is two months. If you do not issue the notices before the fixed term expires, the tenancy will automatically continue in what is known as tacit relocation.

What is a Form AT6 (Notice of Proceedings)?

If the tenant has breached the Tenancy Agreement under one of the grounds for eviction, the landlord must give them a Form AT6, also called a Section 19 Notice or Notice of Proceedings, and a Notice to Quit.

The Form AT6 states the grounds for eviction and the landlord's intention to start legal proceedings to gain possession of the property. You can serve the Form AT6 and Notice to Quit forms together or separately. The length of notice depends on the grounds for eviction and length of tenancy.

Other Forms You May Need:

Frequently Asked Questions:

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