Factsheet 8 - Claims for Possession: The section 8 Notice

Claims for Possession: The section 8 Notice

 There are two main routes for obtaining possession of assured and assured shorthold tenancies:

The purpose of this factsheet is to briefly explain the section 8 route and how to complete the corresponding notice.

Background:

Where a landlord wishes to get possession from an assured (or assured shorthold) tenant before the fixed term has come to an end (e.g. due to default by non-payment of rent), he must serve notice of his intention to seek possession.

This procedure and notice operate under section 8 of the Housing Act 1988, and, for this reason, we refer to it as the section 8 route and section 8 notice respectively.

Briefly, the requirements of section 8 are:

  • the landlord or, in the case of joint landlords, at least one of them, has served on the tenant a notice in accordance with this section and the proceedings are begun within the time-limits prescribed in the Act and stated on the notice
  • the notice must be given in the prescribed form - available from legal stationers, or from our website
  • the notice must specify grounds why the landlord requires possession.

The Act provides 17 grounds which a landlord may use to recover possession under section 8. The landlord is required to specify in the notice which ground he intends to use, and also to give particulars of the ground which applies, to support his claim.

To read more, a subscription is needed: Click here to subscribe