Overview
This page deals with a section 8 notice issued by a private landlord, (housing associations and councils can also rely on this type of notice). This notice can be used during the fixed term of an AST citing grounds 2,7,7A or 8, unlike Section 21 notices which can only be used once the fixed term has ended. This type of notice will become more widely used when the Renters Rights Bill becomes law, which will include a new ground 1A.
What is a section 8 notice?
Your private landlord can give you a section 8 eviction notice if:
- you have an assured or assured shorthold tenancy (AST)
- they have a legal reason to evict you, for example, rent arrears
Most private renters have ASTs.
Why landlords use section 8 notices
Most people get a section 8 notice because they have rent arrears.
The reasons your landlord can evict you are called ‘grounds for possession’.
The grounds to evict you for rent arrears are:
- ground 8 – if you owe at least 2 months’ rent
- ground 10 – if you owe some rent
- ground 11 – if you keep paying your rent late
With ground 8, the court cannot usually stop an eviction if you still owe at least 2 months’ rent at the hearing. Try to keep any rent arrears below 2 months so your landlord cannot use ground 8.
Your landlord can also use
- ground 12 – breach of tenancy conditions (eg taking in a lodger, smoking, keeping a pet)
- ground 13 – deterioration in the condition of the property (eg failing to report the need for a repair)
- ground 14 – nuisance, annoyance, illegal or immoral use of the property
Further common mandatory grounds under section 8 are
Ground 1 – occupation by landlord or family
Ground 1A – sale of dwelling house
Your landlord will not be able to ask you to leave for this reason within the first 12 months of a new tenancy and must give 4 months notice
Ground 7: Death of the tenant
The minimum notice period for ground 7 is two months.
Ground 7A: Antisocial behaviour
The minimum notice period for ground 7A is:
one month if the tenancy is for a fixed term
four weeks if the tenancy is periodic
Ground 7B – where the Home Office has notified the landlord that one or more, but not all, of the tenants or occupiers do not have a right to rent.
The minimum notice period for ground 7B is two weeks.
Where to get help
Get help as soon as your landlord gives you a section 8 notice.
Anyone at risk of losing their home can get free legal advice.
Our housing specilaists can:
- check the notice
- deal with your landlord
- help if your landlord goes to court to evict you
If you are going to be homeless
Speak to the council if you’re at risk of eviction. They must help if you’re likely to be homeless.
Check your section 8 notice
A section 8 notice is a legal eviction notice, check that it has been issued correctly and is valid
Valid means that your landlord must put the right information on the notice, which is:
- the reasons why they are evicting you – these reasons are called the grounds for possession
- why the landlord can use the ground
- the earliest date your landlord could start court action
The notice might not be valid if they get something wrong. Your landlord might have to give you a new notice if they still want you to leave.
What a section 8 notice looks like
Tenancy form 3 on GOV.UK is a section 8 notice.
Your landlord must use this form or give you a letter with the same information.
Check the grounds for possession, the grounds for possession are the the legal reasons why your landlord wants you to leave. They are on paragraph 3 on the notice.
The earliest date your landlord could start court action is on the notice at paragraph 5.
You must get at least 2 weeks’ notice for:
- grounds 8, 10 and 11 – rent arrears
- grounds 12 and 13
The 2 weeks runs from the date you get the notice. Your landlord might hand deliver it or send it through the post and get proof of delivery.
With ground 14 your landlord could apply to court to get you evicted as soon as they give you the notice.
Your landlord might not start court action on the day in the notice. They have 1 year from when they give you the notice to apply for a court order. After this, the section 8 notice is no longer valid and your landlord cannot use it.
If you receive a section 8 notice contact us and an adviser will be able assist you.