Section 8 Notice

A Section 8 Housing Act 1988 Notice is ‘fault-based’ notice i.e. the tenant has done something wrong.

A Section 8 Notice (see demo) should be used where you do not have an Assured Short hold tenancy agreement, the tenant is in breach e.g. rent arrears,  the tenancy has a long period to run or you are not allowed to issue a Section 21 Notice. If regaining possession is your priority consider using the Section 21 Process as possession is mandatory and the process favours the landlord. see compare Eviction Notices

Seven Steps - The Section 8 process explained

Step One - Reasonable behaviour
Prior to issuing a Section 8 Notice you must be able to demonstrate you have tried to resolve the situation.

Section 8 Notices

Step Two  - Issue Section 8 Notice
Issue required legal notification informing the tenants they are obliged to remedy the breach or you will be applying for a court order.

Section 8 Notices

Step Three - Check Section 8  is valid 
Many applications using the section 8 are rejected by the courts or the tenants invalidate your claim. When this occurs, you must begin again. This means a claim for possession can be delayed by three months.
If rent arrears simply use our wizard to produce your section 8 notice issue a Section 8 Notice for  RENT arrears or [see demo ]

Section 8 Notices
The tenant has 14 days from receipt to remedy the breach.
 
 Tenant remedied breach?

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for non rent claims use our Blank Section 8 this is also included in our non rent arrears possession guide
 

NO Section 8 Notices
 
Section 8 NoticesYES
Apply for possession order Compare possession processes
 
Hopefully the tenant will behave. As a precaution you could issue a Section 21 Notice.
Section 8 Notices 
 
 
The tenant will be informed by the courts that a claim has been made - hopefully this will encourage them to behave. Has breach now stopped or remedied?
 Breach corrected Section 8 Notices

 
The claim should not be pursued any further remember your section 8 notice remains valid for 12 months.
Breach NOT corrected
 Section 8 Notices
Member only - Join
Section 8 Notices
 
 

 
 
 
 
 
Section 8 Notice Documents & Guides
2008 edition
Download
 
 
A Section 8 Notice forms part of the evidence that courts insist on seeing when you make an application for possession. Without a valid notice you will not get possession.
 
 
Blank section 8 ideal to use in conjunction with our section 8 possession guides
 
 
 
concise guide which details the exact steps you should be taking
 
 
Guide to dealing with possession for NON rent related issues
From issuing initial letters to instructing bailiffs to remove the tenant and how to recover money, this is the perfect beginners manual for those wanting to regain possession of their property without paying huge Solicitor fees.! If you are seeking possession on rent arrears use our Rent arrears guide
 
Cover letter Rent Arrears section 8  As your rent is more than 8 WEEKS / 2 MONTHS in arrears, I am /we are serving a Section 8 Notice for Possession on you.
 
In minutes a Section 21 specific to your situation is produced and ready to serve on your tenant(s) day.
 All Documents FREE to members non members £5 
 
Additional  information  Section 8 Notice to Quit 

      Rent Arrears Notice
      How to complete a Section 8
      Section 8 Why they Fail
      Section 8 FAQs
      Grounds for Possession
      Court process
      Common breach's not rent
      Overview Rent Arrears
      Serving S8 Notices
      Section 8 Tips sheet
      Court Form N5
      Court Form N119
      Cover Letter generic
      Court Letter Rent Arrears
    + Guides & Wizards
    + Unlawful Eviction
    + Section 21 Process

In 38% of cases where a Section 8 is used landlords are granted possession but the order is suspended. Meaning tenant stays as long as they abide by conditions of suspension 
 
Section 8 Notice wizard
 
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