Coronavirus Special Notice

Section 8 notices

Updated 26th March 2020

Introduction

The vast majority of tenancies end without any need for a landlord to go to court to get possession. Even where the landlord does have to get a possession order, the usual route is to seek possession via a Section 21 notice once the fixed term has come to an end and 6 months have passed since the tenant moved in.

Unfortunately, sometimes things start to go wrong from the outset and the landlord has to try an evict their tenant as soon as possible. For that, the landlord or agent will need to fill out a Section 8 notice so they can evict their tenant inside the fixed term of the tenancy. This is because possession based on the tenant's fault can be started at any time in the tenancy term. We do not recommend landlords to follow this procedure without instructing a solicitor.

On this page we explain in more detail exactly what a section 8 notice is (which deals with fault-based possession), steps to serving the notice and links to download a section 8 notice and all relevant court forms.

This page has been updated to account for the temporary changes to possession due to the coronavirus emergency.

What is a Section 8 notice?

A 'Section 8 notice' is also known as a 'section 8 possession notice', because it operates under section 8 of the Housing Act 1988. A section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and where certain conditions are met. The Housing Act 1988 provides a number of grounds on which a landlord may seek possession covering a variety of topics including rent arrears, tenants without right to rent, landlord's moving into the home, serious criminal or antisocial behaviour and breach of contract.

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