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If you get a ‘section 8’ eviction notice

If you get a section 8 notice, it's the first step your landlord has to take to make you leave your home. You won't have to leave your home straight away.

If your section 8 notice is valid, your landlord will need to go to court to evict you.

You might be able to challenge your eviction and stay longer in your home.

When you can get a section 8 notice

You might get a section 8 notice at any time during your tenancy. It depends on the reason your landlord is using to try to make you leave.

Your section 8 notice will only be valid if you've got an assured or assured shorthold tenancy.

You can check what type of tenancy you have on Shelter's website.

Your landlord has to give you a reason for giving you a section 8 notice. There are lots of reasons your landlord can use, for example if you:

  • have rent arrears
  • damage your landlord's property
  • cause a nuisance to your neighbours

If you get a section 21 and a section 8 notice from your landlord

Your landlord could give you a section 21 notice as well as a section 8 notice. Your landlord doesn't need a reason for giving you a section 21 notice.

If you get a section 21 notice, don't ignore it. You'll need to deal with it as well as your section 8 notice - and the steps are different.

Read our advice on what to do if you've got a section 21 notice .

How much notice you'll get

The amount of notice you get will depend on what grounds for possession your landlord has used.

If you got your section 8 notice on or after 1 October 2021, you'll normally get at least 14 days' notice - you won't have to leave straight away.

If you got your section 8 notice before 26 March 2020, you'll normally get at least 14 days' notice - you won't have to leave straight away.

If you got your section 8 notice between 26 March 2020 and 30 September 2021, there were special rules because of coronavirus. Your landlord might have had to give you extra notice.  The rules were different depending on when you got the notice

If you got the notice between 26 March and 28 August 2020    

 Your landlord had to give you 3 months’ notice.

If you got the notice between 29 August 2020 and 31 May 2021

Your landlord had to give you 6 months’ notice unless:

you owed them at least 6 months’ rent

you aren’t allowed to rent because of your immigration status

you’ve committed antisocial behaviour or some criminal offences

you told a lie to get the tenancy

someone you lived with moved out because you were violent or threatening

the person on the tenancy agreement for your home has died

If you got the notice between 1 June and 31 July 2021

Your landlord had to give you 4 months’ notice unless:

you owed them at least 4 months’ rent

If you got the notice between 1 August and 30 September 2021

you owe them less than 4 months’ rent - in this situation they have to give you 2 months’ notice

you owe them more than 4 months’ rent - in this situation they have to give you 4 weeks’ notice

You should think about what your options are if you decide to leave your home.

If you leave your home before the date on your section 8 notice, you could be considered 'intentionally homeless'. This could make it harder for you to get help from your local council.

You should  get help before you decide to leave your home .

Check your landlord has given your section 8 notice correctly

Your landlord should give your section 8 notice in writing using 'form 3' or a letter with the same information. You can find form 3 on GOV.UK if you're not sure what it looks like.

Your notice won't be valid if it doesn't include:

  • the address of the property
  • the 'grounds for possession' - these are the reasons why your landlord wants you to leave your home
  • the date your notice ends - your landlord will need to get a possession order from the court if you don't leave by that date

If your landlord hasn't given you the notice correctly, they could still ask the court to order you to leave your home. You'll have a chance to put your case forward and the court will make a decision.

Check the reason on your section 8 notice is valid

Your landlord has to give you a valid reason for giving you a section 8 notice. These reasons are known as 'grounds for possession'. The court will have to accept your landlord's grounds for possession before they decide whether you have to leave.

Your section 8 notice should explain:

  • what grounds for possession your landlord is using to try to evict you - they might use a few
  • why your landlord is using the grounds for possession, for example if you have rent arrears, or if you've damaged the property

The grounds for possession are numbered 1-17. The court will decide whether you have to leave your home or if you can stay - it'll depend on the grounds for possession your landlord has used.

The ground number and explanation should be on your section 8 notice. If they're not, the section 8 notice won't be valid.

Talk to an adviser  if you need help understanding the grounds for possession your landlord is using.

If your landlord's grounds for possession are numbered 1 to 8

Your landlord will have to prove to the court the grounds for possession they've used are right for your situation. For example, because you have rent arrears of at least 8 weeks both when you got your section 8 notice and at the court hearing.

If your landlord can prove the grounds for possession, the court will usually have to order you to leave your home. This is because grounds 1-8 are 'mandatory grounds' for possession. This means that the court has to accept your landlord's reasons if they can prove them.

Grounds 1-8 also include things like if:

  • your landlord wants to move back into the property
  • your landlord is behind with their mortgage payments and the property is being repossessed
  • you've been convicted of a serious criminal offence near your home

Get help from your nearest Citizens Advice if you're not sure about the grounds for possession that have been used.

If you have rent arrears

It's a good idea to show the court you've tried to lower your rent arrears. Make sure you keep a record of what you've paid.

You should pay as much as you can afford to reduce your rent arrears. It could mean the court will decide you can stay in your home. Find out more about dealing with rent arrears .

Your landlord can use more than 1 ground for possession if you have rent arrears or if you've paid your rent late. The grounds for possession your landlord can use will depend on your situation.

Your landlord will have to prove the amount of arrears you have to the court. They'll also need to show you had the arrears when you got the section 8 notice.

If your section 8 notice says your landlord is using 'ground 8' and the court accepts your landlord's case, you'll usually have to leave your home.

Your landlord can only use 'ground 8' if you have arrears of at least:

  • 2 months - if you pay your rent monthly
  • 8 weeks - if you pay your rent weekly
  • 3 months - if you pay your rent quarterly or yearly

If you can reduce your rent arrears below these levels before the court hearing, your landlord won't be able to prove ground 8. The court will then decide if it's reasonable for you to leave your home.

If you think your landlord owes you money, you might be able to ask the court to use this money to lower your arrears. Your landlord might owe you money if they:

  • haven't protected your deposit properly  
  • haven't done repairs they're responsible for
  • have discriminated against you - check if your housing problem is discrimination

The court is more likely to decide you can stay in your home if you can show you're dealing with your rent arrears and can afford to keep paying your rent.

Joe pays his rent weekly and is 9 weeks behind with his rent. His landlord has given him a section 8 notice and used grounds for possession numbered 8 and 10.

Ground 8 is a 'mandatory' ground for possession. If Joe's landlord can prove he is at least 8 weeks behind with his rent when he got the notice and when he went to court, the court will have to order that he can be evicted.

Ground 10 is a 'discretionary' ground for possession and can be used for any amount of rent arrears. This means if Joe's landlord can prove he is behind with his rent, the court will decide whether it's reasonable for him to be evicted.

If Joe is able to pay back 2 weeks' rent arrears before the date of the court hearing, he'll only have 7 weeks of rent arrears.

This means that Joe's landlord can't prove he's 8 weeks behind with his rent in court. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home.

If your landlord's grounds for possession are numbered 9-17

Your landlord will have to show the court that the grounds for possession they've used are right for your situation. For example, because you're in rent arrears or because you've damaged the property.

The court will then decide whether they accept your landlord's grounds and think it's reasonable for you to leave your home. This is because grounds 9-17 are 'discretionary grounds'.

If your landlord has 2 or more grounds for possession

Your landlord might use more than one ground for possession. For example, if you're in rent arrears there are 3 grounds that can be used.

If any of your grounds for possession are numbered 1-8, the court will order you to leave your home if they accept your landlord's case. This is because grounds 1-8 are 'mandatory grounds' for possession. This means that the court has to accept your landlord's reasons if they can prove them.

If all of your grounds for possession are numbered 9-17, the court will decide whether they think it's reasonable for you to leave your home. This is because grounds 9-17 are 'discretionary grounds'.

The court will look first at whether they can make you leave your home using the mandatory grounds. If your landlord can't prove any of the mandatory grounds, the court will then look at the discretionary grounds to decide whether you need to leave your home.

Challenge your eviction

You might be able to challenge your eviction if your section 8 notice isn't valid or you have a good reason why you shouldn't leave your home. This is called 'defending possession'.

It's a good idea to talk to your landlord if you feel able to. They might decide to let you stay in your home if you can show you can repay your arrears, for example.

If you don't leave your home

If you don't leave by the date on your section 8 notice, your landlord will have to go to court to make you leave. This is called starting a possession claim. Your landlord can't go to court until after the date given on your section 8 notice.

Your landlord has to start a possession claim within 12 months of the date on your section 8 notice.

If you get court papers

You'll get court papers when your landlord starts a possession claim.

The papers will include a copy of the form your landlord filled in when they started the claim – this is called the ‘claim form’. The claim form tells you why your landlord is trying to make you leave your home.

The papers will also include a form to challenge the eviction – this is called a 'defence form'.

You might be able to challenge your eviction and stay in your home. You should act straight away if you get court papers.

You might have to pay your landlord's court costs if your landlord starts a possession claim. Court costs can be expensive.

You might be able to get legal aid to help you with your case, for example if you're on a low income or get benefits.

If you get legal aid, you might get protection from paying your landlord's costs if you can't afford to pay them.

Find out more about getting help with legal costs .

Write down why you’re challenging the eviction

You can challenge your eviction if for example: 

  • the details on your section 8 notice are wrong
  • your landlord hasn't given you a proper reason

If you can, talk to an adviser before you challenge your eviction.

You can use the defence form that came with the court papers to give your reasons for challenging your eviction. You can also find a copy of the defence form on GOV.UK – it’s called form N11.

If you find it difficult to use the defence form, write what you want to say on a piece of paper instead. Write your case number on the piece of paper – you can find your case number on the claim form.

It's best to give as much detail as possible - the court will look at what you say to decide whether you can stay in your home.

If you get a possession order, you'll usually have to pay any court costs within 14 days. Ask the court if you want to pay the court costs over a longer time - for example by making a smaller payment every month.

If you think your landlord has discriminated against you

If your landlord has treated you unfairly because of who you are, you might be able to stop your eviction. For example, they might have harassed you because of your gender or refused to make changes for your disability.

The court might stop the eviction or award you compensation to lower any rent arrears you owe.

Check if your problem counts as discrimination  to find out whether you can add it to your eviction defence.

If the reason you're being evicted is connected to your disability

You might be able to challenge the eviction. For example if you’re being evicted for rent arrears, but the reason you got into rent arrears was because your learning difficulty made it hard to follow your landlord’s payment policy.

You might be able to defend your eviction using discrimination law - check if your housing problem is discrimination .

If you're being evicted because you complained about discrimination before

This could be a type of discrimination called victimisation. You might be able to defend your eviction using discrimination law .

If water charges were included in your rent

If your landlord has charged you too much for water, you might be able to stop them evicting you. Check if your landlord overcharged you for water and what you can do .

Explain how you're making the situation better

Your landlord might be able to evict you using a section 8 notice if, for example:

  • you don't pay your rent, or pay it late
  • you've got a pet but your tenancy agreement says you can't keep pets
  • you've damaged your home

You might be able to defend your section 8 notice if you explain to the court what you're doing to put things right. For example if you've paid some of your rent arrears or if you've repaired any damage you caused. You should also explain why it won't happen again.

Make sure you write on your defence form why you think you should be allowed to stay in your home.

Delaying the date you'll need to leave

You should use the defence form to explain to the court why you think you should have more time in your home. You'll need to explain your situation in as much detail as you can.

The court could delay the date you'll need to leave your home. The amount of extra time the court can give you depends on the reason, or ground, your landlord is using.

Depending on the reason your landlord has given on your section 8 notice, the court could either:

  • let you stay in your home if you follow their orders, for example if you agree to pay off your arrears - this might happen if your landlord has used grounds 9 to 17
  • delay the date you'll need to leave by up to 6 weeks if leaving in the usual 14 days would cause you problems - this might happen if your landlord has used grounds 1 to 8

You'll need to have a good reason to delay the date you leave, for example if you've got a serious illness or disability.

The court will decide whether you can stay in your home and how long for.

Send the defence to the court

You should send the defence form or what you've written back to the court within 14 days - the address will be on the form. If you miss the deadline, you should still send it as soon as possible. Make sure you keep a copy - you'll need to remember what you've written later on.

Check what happens after you send your defence form

The court will tell you when it will look at your case - this is called the ‘possession hearing’.

You can usually talk to a free legal adviser on the day of your possession hearing – they’re called the ‘duty adviser’. Before the hearing, read the letters from the court and make sure you know how to contact the duty adviser on the day.

Prepare for your possession hearing

The court will tell you when your hearing is and where you need to go for it.

You should go to the possession hearing – it's your chance to put forward your case in court and give reasons why you should stay in your home.

If you can’t go to the possession hearing, tell the court as soon as possible. Explain why you can’t go – for example because you have to self-isolate. The court might:

  • arrange for the hearing to happen by phone or video call
  • change the date of the hearing

You can check how to prepare if the court decides to arrange a hearing by phone or video call .

Read all the documents you've got from the court and your landlord. Take any evidence with you to court, for example:

  • a copy of your tenancy agreement
  • a letter from your GP if you couldn't pay your rent because you were ill and unable to work
  • a bank statement or wage slip to show how much you can afford to repay if you're in rent arrears

Getting legal help

You can get a lawyer to represent you in court. If you’ve got no income or a low income, you might be able to get legal aid to help with the cost. Find out if you can get help with legal costs at GOV.UK.

On the day of the hearing, you’ll also be able to contact the duty adviser – it doesn’t matter how much income you have. Before the date of the possession hearing, read the letters from the court and make sure you know how to contact the duty adviser.

If you can’t contact the duty adviser on the day of the hearing, tell the usher or the judge before the hearing starts – the judge might agree to delay the hearing.

Talk to an adviser to find out what legal advice you can get.

Go to your possession hearing

You should make sure you go to the possession hearing even if you've not sent your defence. It's your opportunity to explain your situation to the court.

You could give any extra evidence you have, for example if you've got a new job and could afford to pay back some arrears.

If you've sent your defence form and you don't go to the hearing, the court could ignore it and just rely on the evidence your landlord has given them.

You can take someone with you for support, for example a friend or family member. They might not be able to speak for you in court.

Getting a decision from the court

You'll be told by the court if you can stay in your home or if you'll have to leave.

They'll usually tell you their decision on the day of the hearing.

If the court needs more information, they might decide to hear the case on another day.

If you don't go to the hearing, you could find out the court's decision by phoning them or speaking to your landlord. The court will also send a letter telling you whether you have to leave your home.

Even if you have to leave your home, the court might give you more time to find somewhere else to live.

If you have to leave

You normally won't have to leave your home straight away - you'll get a notice from the court telling you when you're supposed to leave. This is called an 'outright possession order'.

You'll usually be given 14 days to leave, but it could be longer.

You can appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing. For example if the court didn't look at relevant information or used the wrong law.

You might be able to stop a possession order if your situation changes, for example if you start getting benefits and can repay your rent arrears. This is known as 'suspending' a possession order. Whether you can do this depends on the ground your landlord uses.

Contact your nearest Citizens Advice if you get a possession order.

If you couldn't go to the court hearing

If you couldn't go to the court hearing you might be able to get the court to look at your case again.

Contact your nearest Citizens Advice for help if you couldn't go to the court hearing.

If you can stay in your home

If the court accepts your defence, they could decide to:

  • let you stay in your home if you meet certain conditions, for example if you pay your arrears - this is known as 'suspending' a possession order
  • dismiss your landlord's case - this means you'll stay in your home and you won't need to meet any conditions

You'll only be able to suspend a possession order if your landlord has used grounds 9-17. This is because they are discretionary grounds.

You might have to pay court costs - the judge will tell you how much.

You can also apply to change an order later, for example if you can't keep to the terms of the order any more.

Get help from your nearest Citizens Advice straight away if you've been told bailiffs are coming to your home.

Your landlord will have to get an eviction warrant from the court if you don't leave your home by the date on the possession order. This means they can ask the court to send 'enforcement officers' to make you leave.

Enforcement officers are also known as bailiffs. Bailiffs are employed by the court to help landlords get their property back.

Bailiffs have to give you a notice of eviction with the date and time of your eviction. They have to give you the notice at least 14 days before they evict you.

Depending on the ground your landlord has used, you might be able to ask the court again to delay the date you'll need to leave. For example if you can now repay your arrears in a reasonable time.

Bailiffs shouldn't evict you if you:

  • have symptoms of coronavirus or test positive for coronavirus
  • are waiting for a coronavirus test result
  • were told to self-isolate by the NHS or you have to quarantine for travel

If you're in one of these situations, you should tell the court and the bailiffs - their contact details will be on the notice of eviction. They’ll arrange another time to evict you - they have to give you another 7 days’ notice.

If your landlord forces you to leave without an eviction warrant

This is likely to be an illegal eviction if your landlord makes you leave by:

  • changing the locks
  • stopping you using part of your home
  • threatening or physically harassing you to leave
  • turning off the water or energy supply

If this happens you should report it to the police.

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how to write a section 8 notice

  • Housing and local services
  • Being a landlord and renting out a room

Evicting tenants in England

You must follow strict procedures if you want your tenants to leave your property.

You may be guilty of harassing or illegally evicting your tenants if you do not follow the correct procedures.

There’s different guidance on:

  • evicting tenants in Northern Ireland
  • evicting tenants in Scotland
  • renting out homes and evicting tenants in Wales

Procedures for different types of tenancy

The exact procedure will depend on the tenancy agreement and its terms .

Assured shorthold tenancies

The 2 types of assured shorthold tenancies are:

  • ‘periodic’ tenancies - these run week by week or month by month with no fixed end date
  • fixed-term tenancies - these run for a set amount of time

You must follow a set process if your tenants have an assured shorthold tenancy.

Give your tenants a Section 21 notice if you want the property back after a fixed term ends. Give them a Section 8 notice if they’ve broken the terms of the tenancy. Find out how to give Section 21 and Section 8 notices .

Apply to the court for a standard possession order if your tenants do not leave by the date specified on the notice and they owe you rent. You can apply for an accelerated possession order if you’re not claiming any unpaid rent.

Apply for a warrant for possession if your tenants still will not leave - this means bailiffs can remove the tenants from your property.

Excluded tenancies or licences

You do not have to go to court to evict your tenants if they have an excluded tenancy or licence, for example if they live with you.

You only need to give them ‘reasonable notice’ to quit. Reasonable notice usually means the length of the rental payment period, so if your tenants pay rent weekly you can give them one week’s notice. The notice does not have to be in writing.

You can then change the locks on their rooms, even if they still have belongings in there.

Assured and regulated tenancies

If your tenants started their tenancy before 27 February 1997, they might have an assured or regulated tenancy. You’ll then have to follow different rules to evict them and they’ll have increased protection from eviction.

You can get information from Shelter about:

  • assured tenancies in England
  • regulated tenancies in England

Your tenant owes rent and gets housing benefits

If your tenant owes you rent and claims Universal Credit or Housing Benefit you may be able get the rent paid straight to you instead of evicting them. This is known as ‘managed payments’.

Request managed payments if your tenant is claiming:

  • Universal Credit - apply to the Department for Work and Pensions
  • Housing Benefit - contact the local council that pays your tenants’ benefits

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Completing a Section 8 Notice

Over the Christmas period we received a few calls about how to complete a Section 8 and 21 notice and how to gain possession once the notice has expired. Consequently, we will write 3 blog posts on: how to complete a section 8; how to complete a section 21; and how to gain possession on the expiry of the notice. Where a landlord needs to obtain possession of a property during the term of the assured or assured shorthold tenancy under the Housing Act 1988 they will need to do so by serving a section 8 notice. Section 8 notices are often considered fault based notices, that is that the tenant has breached some term of the tenancy and because of that breach the landlord now seeks possession. However, they are also used to recover possession for several other reasons.

The section 8 should clearly state the tenant(s) name, the address of the rental property and the landlord’s name. Minor clerical errors do not usually invalidate the notice if it is reasonably clear who the notice is for. The notice should then clearly state on what ground(s) possession is sought.

Grounds The Housing Act 1988 provides 20 grounds on which the landlord may rely on when seeking possession. The most common reason for landlords seeking possession and issuing a section 8 notice is rent arrears which is provided for by grounds 8, 10 and 11. Other grounds include, but are not limited to, are: Ground 1 – the landlord has previously lived in the property and wants it back, or the landlord has not acquired the property during the tenancy and wishes to reside in the property as his or her main home. Ground 7B – one or more of the tenants do not have the Right to Rent ; Ground 12 – the tenant has breached some term of their tenancy agreement; and Ground 14 – The tenant or someone living with or visiting the tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been convicted of using the property for immoral or illegal purposes, or has been convicted of an offence in the local area. Most standard form section 8 notices are provided with the legal meaning of all 20 grounds set out within them. However, when serving a section 8 notice the ground or grounds that are being relied on by the landlord should be stated and the reasons for relying on them. So, for example where the landlord is serving the notice due to rent arrears, the notice should state ground 8, 10 and 11 along with the narrative for those grounds and include a schedule of the rent arrears. Where ground 12 is being relied on, again the narrative for the ground should be set out and the clause in the tenancy agreement which has been breached along with how it has been breached should also be set out.

While it is perfectly acceptable to serve a notice with all 20 grounds set out within it, the notice is not valid if you simply serve the notice with all 20 grounds and fail to state which grounds you are relying on and why. It is therefore, best practice to delete the grounds you do not need and leave the grounds you are relying on and state the reasons why you are relying on them clearly.

Grounds 1 – 8 of a section 8 are mandatory which means that if the landlord satisfies the court that the ground applies, then the court should issue the landlord with a possession order. The remaining grounds are discretionary, which means it is within the court’s discretion to issue the landlord with a possession order.

Some grounds for possession require the landlord to give the tenant notice prior to the start of the tenancy that those grounds may be relied on. In addition, not all grounds for possession apply to all types of Housing Act 1988 tenancies and some of them cannot be used during a fixed term tenancy such as ground 1.

Notice Period Different section 8 grounds have different notice periods and it is important that you adhere to the notice periods to ensure that your notice is valid. As a rule of thumb where the ground you are relying on is fault based the notice period is usually 2 weeks with a few exceptions. Where the ground is not fault based, the notice period is usually 2 months.

So, where there are 2 months’ rent arrears a section 8 notice served on ground 8 (we also recommend including ground 10 and 11) requires 2 weeks’ notice from the date the tenant receives the notice. Where the landlord wishes to live in the property the section 8 notice on ground 1 will need to give the tenant 2 months’ notice from the date it is received. Where a notice is served relying on several different grounds which have different notice periods then it is important to bear in mind that the notice period of some grounds overrule the notice period of others.

Service of Notice Notices must be signed and dated by the landlord or their agent. The notice should also include an expiry date which allows time for service of the notice on the tenant. Most good tenancy agreements include a clause which states that notices can be served on tenants by 1st class post. Where 1st class post is used, the notice is usually deemed served 2 working days after, subject to the clauses in the tenancy agreement. Where the tenancy agreement is silent on service the landlord or their agent should personally deliver the notice to the tenant and place it in their hand. The notice is then deemed served immediately. Where the property is occupied by more than one tenant whilst all their names must be on the section 8 notice, it is only good practice to serve a copy of the notice to each of them.

Expiry Once the notice has expired, if the tenant is still in occupation landlords will be required to obtain a possession order from the court before they can take back the property. This is because the expiry of the notice does not mean the end of the tenancy. Therefore, all the landlord’s obligations, including those relating to repairs, continue. Where the tenant does leave, landlords are of course free to take back possession and re-let.

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Section 8 eviction notice

This page is for private renters with an assured or assured shorthold tenancy.

We have different advice for council and housing association tenants facing eviction .

Your landlord can give you a section 8 notice if they have a legal reason to end your tenancy. For example, rent arrears.

Legal reasons for eviction are called 'grounds for possession'.

To evict you with a section 8 notice, your landlord must:

list the grounds on the notice

prove the grounds apply to you in court

The process takes time. Sometimes the court can stop an eviction.

Most private landlords use the  section 21 eviction process because they do not have to prove a legal reason.

The government has said that section 21 no fault evictions will be scrapped but this has not happened yet.

How to check your section 8 notice is valid

A section 8 notice must give:

the right amount of time

the date after which court action can start

the legal reasons for possession and how they apply to your situation

A section 8 notice must give you either 2 weeks or 2 months, depending on the legal reason.

Your landlord can apply to court after the notice period is up.

Your landlord has a year from when you get the notice to start court action.

Check what a section 8 notice looks like on GOV.UK

Use our notice periods checker to find out how much notice your landlord has to give you.

Find out where to get free legal advice

Section 8 notice for rent arrears

Rent arrears is the most common reason for a section 8 notice.

A section 8 notice for rent arrears must give you minimum of two weeks.

The legal reasons the landlord can use 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

Your landlord can use ground 11 even if you do not owe rent when they give you a notice.

The landlord's notice must explain why the landlord is using these grounds.

Breathing Space is a scheme that can help tenants with rent arrears. It pauses the eviction process for up to 60 days while you get debt advice.

Find out if you could get breathing space

Watch out for ground 8

The court must make a possession order if your landlord uses ground 8 and you owe at least 2 month's rent:

when your landlord gives you a section 8 notice

on the day of the hearing

The court can refuse to end your tenancy if:

the landlord only uses grounds 10 and 11 even if you owe more than 2 months' rent

the landlord uses ground 8 but you owe less than than 2 months' rent on the day of the court hearing

The court might order you to repay the rent you owe over time.

Try to  reduce your rent arrears  below 2 months by the time of the hearing if your landlord uses ground 8.

Other grounds for possession

Check your notice to see if any other grounds are listed.

Other grounds that are sometimes used by private landlords include:

ground 12 - you break a term in your tenancy agreement

ground 13 - you cause damage to property

ground 14 - you behave antisocially

There is no minimum notice period with ground 14 for antisocial behaviour. Your landlord could apply to court as soon as they give you the notice.

Where to get help

Get help as soon as your landlord gives you notice.

You can get legal help if you need support to check the notice is valid, deal with your landlord or if your landlord goes to court.

Speak to your council if you're at risk of eviction. They must work with you to try to stop you becoming homeless.

If your landlord starts court action

Your landlord can apply for a possession order after the notice period has ended.

You will get letters and forms from the court. Keep them together in a file.

This table shows the main documents you should get before a court hearing.

Complete a defence form

The court will send you a:

N5 claim form

N11R defence form

Read the claim form carefully. Look for any mistakes or anything you disagree with.

The defence form lets you tell the court why you should not be evicted. For example, if:

what the landlord says is not true

you can repay the rent you owe

you have a claim for compensation that will reduce rent arrears

Get legal help to complete the defence form . You have 2 weeks to return it to the court.

If you cannot get legal help with your defence form

Court guidance  says you could send a short statement if you cannot get help and do not know what to write on the defence form.

You should explain your situation and why a possession order should not be made.

Attend the court hearing

The hearing usually takes place at your local county court. It should only happen online or by phone if you agree to it.

Your notice of possession hearing tells you:

the time and date of the hearing

how to get free legal help on the day

Get legal advice  before the hearing if you can.

The hearing usually only takes about 15 minutes.

attend a court hearing

let the court know if there's a reason why you cannot

A good reason is, for example, if you have to go to hospital.

Get free legal help from a county court duty scheme on the day if you do not have an adviser or solicitor with you.

Decisions the court can make at the hearing

The court could dismiss the case if:

your landlord cannot prove a ground for possession

the section 8 notice is not valid

When the court must order possession

The court must give possession to the landlord if all of the following apply:

your landlord uses ground 8 for rent arrears

you owed at least 2 months' rent when the landlord gave you the notice

you still owe it on the day of the court hearing

Other legal reasons when the court must give possession to the landlord include:

ground 1 - the landlord lived in the property before your tenancy started and needs to move back in

ground 7B - the Home Office told the landlord that you or another joint tenant has no right to rent

An order that gives possession to your landlord is called an outright order.

When the court can let you stay

Sometimes the court can decide it is not reasonable to evict you even if your landlord proves a legal ground.

The legal reasons when the court can decide not to end your tenancy include:

ground 10 - you have some rent arrears

ground 11 - you keep paying your rent late

The court can make a suspended possession order . This means that you can stay in your home if you keep to conditions.

For example, the court could let you stay and repay the rent you owe over time if your landlord has not used ground 8 or you've reduced your arrears to below 2 months by the time of the hearing.

If the judge makes an order, you usually have to pay the court fees and some or all of your landlord’s legal costs. There are limits on how much you can be ordered to pay.

Eviction by bailiffs

Only court bailiffs can evict you from your home.

Your landlord can apply for bailiffs if you:

stay past the date on an outright order

break the conditions in a suspended order

They can use county court bailiffs or high court enforcement officers (HCEOs).

The bailiffs give you at least 2 weeks' notice of the eviction date.

You can only  ask the court to stop the eviction  at this stage if the eviction order was made on grounds 9 to17.

You cannot ask the court to stop the eviction at this stage if your landlord got an outright order on ground 8, even if you clear the arrears.

Find out  what happens if the eviction goes ahead .

Responsibility for rent and bills

You are responsible for rent and bills until your tenancy ends.

It means that you may have to pay rent, council tax and utility bills until either:

the landlord's notice ends - even if you leave before

the court ends your tenancy - if you stay after the notice ends

You do not have to pay if you leave and the landlord rents the property to someone else straight away.

Last updated: 28 June 2023

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  • Landlord - Tenant
  • Public Housing

Ending the Lease and Evictions in Section 8 and Public Housing

Tenant-based Section 8 Housing Choice Vouchers, the Project-Based Section 8 program, and Public Housing are the largest and primary rental housing assistance programs for low-income families, this article focuses on the ending the lease in Section 8 and public housing, including evictions and lockouts. 

Topics on this page 

  • Section 8 Programs
  • State and Local Laws

Public Housing 

Termination by public housing agency (PHA) - A PHA may not terminate your tenancy (right to live there as a tenant) except for: 

  • serious or repeated violations of "material" (important) lease terms; 
  • being over the income limit of the program; 
  • other “good cause.” 

Note that there are some exceptions. Your lease agreement must lay out the procedures to be followed by the PHA and by the tenant to terminate the tenancy. 

NOTE : Your local PHA may have additional protections and restrictions than what is included in this article. Review your lease agreement carefully, and contact your local PHA for more information. 

Serious or repeated violations of “material” terms of the lease can include: 

  • failure to pay rent or some other financial obligation; or 
  • not to sublet the unit (rent it to someone else) 
  • not to keep boarders or lodgers 
  • to use the unit only as a private dwelling 
  • to abide by all housing authority rules and regulations 
  • to maintain the unit in a clean and safe condition 
  • to not destroy or vandalize the unit 
  • to pay for unit damage caused by the tenant, a member of the household, or its guests (other than normal wear and tear) 
  • not to disturb the peaceful enjoyment of other residents 
  • not to engage in criminal activity or alcohol abuse 

Other "good cause" includes: 

  • criminal activity, drug abuse, or alcohol abuse; 
  • after you are admitted, the housing authority discovers that the tenant is ineligible; 
  • you make false statements or commit fraud in your application for housing or recertification; 
  • failure of a family member to comply with the program’s community service or self-sufficiency work activity requirement; or 
  • failure to accept a modification of a lease. 

Termination by Tenant - Generally, if the tenant wishes to terminate the tenancy, they can do so for any reason but must provide the required notice. Review your lease agreement carefully for information about the required notice and other procedures. 

Notice of Termination – Landlords must provide tenants with written notice of any termination of the lease. The notice period may vary depending on the reason for termination. 

  • 14 days for failure to pay rent; 
  • a reasonable period of time considering the seriousness of the situation (but not to exceed 30 days) if the health or safety of other residents, PHA employees, or persons residing in the immediate vicinity of the premises is threatened; if any member of the household has engaged in any drug-related criminal activity or violent criminal activity; or if any member of the household has been convicted of a felony; 
  • 30 days in any other case, except if Maryland or local laws allows a shorter notice period, then the shorter notice period will apply. 

The landlord’s written notice must include: 

  • the date of termination; 
  • the reason for the termination, with enough detail so that the tenant may prepare a defense; 
  • if termination is due to failure to pay rent, the dollar amount of the balance due and the date the computation was made; 
  • information about tenant’s right to review PHA documents; and 
  • Information about tenant’s right to request a grievance hearing (unless an exception applies). 

The notice must be sent to tenant by first class mail, properly stamped and addressed to tenant at tenant’s address at the project, and with proper return address OR delivered in person to any adult member of the tenant’s household. 

Pre-Eviction Grievance Process – In most situations, tenants are entitled to a pre-eviction grievance process, which includes an informal conference (and summary of that conference) as well as a grievance hearing (if the tenant makes the request in a timely manner). Be aware, however, that there are exceptions to a tenant’s right to the pre-eviction grievance process if the eviction is related to certain criminal activities. In addition, there may be an expedited procedure that may apply. The PHA must provide a copy to the grievance procedure to each tenant. Read this carefully. 

Eviction - If a tenant remains past the termination date, the landlord must go to court before the tenant can be evicted. The landlord cannot change the locks, cut off the water or electricity, or move tenant’s belongings without going to court. If you fail to object to a termination notice, it does not mean you waive your right to contest the termination in court. 

If you receive a court summons or eviction letter, contact an attorney as soon as possible. If your landlord agrees to let you stay but wants you to sign a written agreement, contact an attorney before signing it. Learn more about getting help from a legal professional in Maryland . 

Read the law: U.S. Code, Title 42 §1437d  

Read the regulations: Code of Federal Regulations, Title 24, Part 966  

Section 8 Housing 

Termination of Tenancy – The landlord may not terminate the tenancy except for: 

  • serious or repeated violation of the terms and conditions of the lease (e.g., failure to pay rent); 
  • violation of federal, state, or local laws; or 

Other "good cause" can include a family history of disturbance of neighbors, destruction of property, or of living or housekeeping habits that damage the unit or premises. 

After the initial lease term, other “good cause” can include: 

  • failure to accept the offer of a new lease or revision; 
  • landlord's desire to use the unit for personal or family use; or 
  • business or economic reason (e.g., sale of the property, unit renovation, leasing at a higher rental). 

NOTE : Terminating the tenancy is not the same thing as terminating the Section 8 Housing Choice Program voucher. Learn more about terminating the voucher . 

Termination by Tenant - Generally, if the tenant wishes to terminate the tenancy, they can do so for any reason but must provide the required notice and comply with any lease procedures. Review your lease agreement carefully for information about the required notice and other procedures. 

Notice – Landlords must comply with the lease terms and state laws. In addition, both the landlord and tenant must also provide the PHA with a copy of the notice. Review your lease agreement carefully, and contact your local PHA for more information. Learn more . 

Eviction – The landlord can only evict you after going through the court process. The landlord’s eviction notice is not the eviction order. It is the court that orders the eviction. The landlord cannot change the locks, cut off the water or electricity, or move tenant’s belongings without going to court. If you fail to object to a termination notice, it does not mean you waive your right to contest the termination in court. 

Project-based Section 8 Housing – For Project-based Section 8 Housing, the procedures related to ending the lease, including required notice, can vary depending on the specific type of project. Review your lease agreement carefully, and contact your local PHA for more information. 

Read the law: U.S. Code, Title 42 §1437f 

Read the Law: U.S. Code of Federal Regulations, Title 24, Part 247 ; Part 982 ; Part 983  

State and Local Laws 

In addition to the provisions provided by federal laws and the policies of local PHAs, landlord must also follow state and local laws related to eviction, except where the state or local law has been preempted by federal law. Learn more about evictions and ending the lease in Maryland. 

Exceptions 

There may be situations where a landlord can terminate a tenancy for reasons other what is listed in this article. For example, the information above may not apply where a tenant’s occupancy is terminated because HUD, or the landlord with HUD's consent, has decided to substantially rehabilitate or demolish the project, or sell the project to a purchaser for substantial rehabilitation or demolition. 

In addition, sometimes a landlord is allowed to stop providing a specific kind of subsidized housing. If your landlord wants to do this, the landlord must send you a letter telling you about it. There are things you can do to fight your landlord’s decision to end this type of subsidized housing, to stay where you are, or to make sure that you can find other affordable housing. Even if the landlord changes the type of subsidized housing, you may have other options. For example, when owners do not renew their project-based Section 8, tenants provided with Section 8 tenant protection vouchers. 

Read the Law: Code of Federal Regulations, Title 24, Part 247  

Is this legal advice?

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site.  In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org . © Maryland Thurgood Marshall State Law Library, 2024.”

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How to evict tenants and obtain possession under Section 8 (Form 3)

Copy of section 8 notice on Form 3 under a pen and a wooden model house

This is a guide for landlords on how they can evict tenants and recover possession using Section 8 of the Housing Act 1988 .

Quick Links: How to evict tenants and recover possession using Section 8

What is section 8, what is a section 8 notice, free template for section 8 form 3 notice, mandatory grounds for possession under section 8, discretionary grounds for possession under section 8, how to serve the notice (form 3), possession proceedings, appointing bailiffs to recover possession, renters reform bill changes to the eviction of tenants, you may also find useful.

A landlord can potentially evict a renter under an Assured Shorthold Tenancy at any point during a tenancy, including during any fixed-term period, by serving a notice under Section 8 of the Housing Act 1988 that they will begin proceedings to regain possession.

The landlord can serve a Section 8 Notice even if they haven’t complied with the mandatory landlord obligations that a Section 21 Notice requires.

However, unlike termination under Section 21, which can be carried out on paper, a Section 8 possession always requires a court hearing. Statistics from August 2023 show that the average time between a claim for a possession order and and repossession is 22 weeks (source: Ministry of Justice ).

It’s a notice that a landlord sends to their tenants of their intention to begin proceedings for possession of a property under Section 8 of the Housing Act 1988 in England, if they don’t vacate the property on the expiry of the notice. The notice must be on Form 3 , which landlords obtain from the gov.uk website.

The Notice must rely on one or more of a list of 17 different grounds listed in Schedule 2 of the Housing Act.

It’s important to use the prescribed form (Form 3) for the Section 8 Notice, and fill it out correctly, giving the correct notice period for the relevant Ground(s) for Possession. There’s no need to pay for a template Section 8 notice. The template for Form 8 and detailed instructions on how to fill it out are available free of charge on the government website – click  here for the free template of Form 3 .

The notice period ranges from 2 weeks to 2 months (see below).

What are the Grounds for Possession under Section 8?

There are two different categories of grounds under Section 8: mandatory grounds where the court has no discretion, and discretionary grounds where it does.

With mandatory grounds, if the landlord can prove the relevant ground, the court has no choice but order possession. Here are the key mandatory grounds for possession with the relevant notice periods:

  • Ground 1 . Owner occupation where it was previously the owner’s primary residence and the didn’t buy the property during the current tenancy. Notice period: 2 months.
  • Ground 2 . Repossession by lender. Notice period: 2 months.
  • Ground 6 . Redevelopment. Notice period: 2 months.
  • Ground 7A . Antisocial behaviour. Notice period: one month if fixed term / four weeks if periodic.
  • Ground 8 . Serious rent arrears where the rent is payable monthly and at least two months’ rent remains unpaid. It must be both when the Section 8 notice is served, and at the time of the hearing for a possession order. Notice period: 2 weeks. Rent must be “lawfully due from the tenant”.

With these grounds, on the other hand, the court has discretion whether to grant possession, taking into account what is reasonable in the circumstances. The court also has wide powers of adjournment in cases involving discretionary grounds.

Here are the key discretionary grounds for possession with the relevant notice periods:

  • Ground 10 – “some rent lawfully due from the tenant” is and remains unpaid. Notice period: 2 weeks.
  • Ground 11 – the tenant has “persistently delayed paying rent which has become lawfully due”. There doesn’t have to be rent arrears at the time the possession proceedings start. Notice period: 2 weeks.
  • Ground 12 – breach of any term of the tenancy agreement, other than rent. Notice period: 2 weeks.
  • Ground 13 – deterioration of the condition of the property or any of the common parts due to the tenant’s action or inaction, or someone living there, and the tenant has failed to remove that person. Notice period: 2 weeks.
  • Ground 14 – nuisance, annoyance to neighbours or visitors to the area, conviction of using the property for immoral or illegal purposes, or a conviction of an indictable offence (a serious offence usually heard in the Crown Court) in the local area. No notice period necessary.

Post box with sign to post office

The landlord must serve notice using Form 3 , and cite in full the specific ground or grounds they wish to rely on. Also, the landlord needs to include a ‘full explanation’ as to why they are relying on each ground. Any error made when issuing the Section 8 notice is likely to delay the landlord gaining possession of the property.

The notice must specify a notice period. The earliest date will vary according to the grounds, but it’s usually either two weeks or two months after service. Click here for government guidance on the minimum period for each of the grounds for Form 3.

The landlord must serve a separate Section 8 notice on each of the renters (and keep a copy). It’s important to keep evidence of serving the notice for use in court, if need be. It can be done by hand, courier, registered post and even by regular post.

If served by first class post, do try to minimise the likelihood of dispute as to whether or when it was sent. A simple way is to ask for proof of posting from the Post Office. Also, take a photo of you (or someone else) handing over the envelope at the Post Office. The law deems the notice to be served the second day after it was posted. If that’s not a business day, it will be the next business day.

For serving the notice in person, it’s best to go with a witness, and take a photo of the envelope being posted through the letter box of the property. If the tenant isn’t at the property or refuses to acknowledge receipt, complete a certificate of service (N215) form .

If the tenant doesn’t leave by the date specified in the notice, the landlord cannot go and evict the tenant themselves. Instead, they will need to obtain an order for possession from the court.

Possession order with court gavel under section 8

After the landlord has served the Section 8 Notice, they must wait until the minimum time period has expired before issuing court proceedings. This is the date on the notice plus a minimum of 14 days.

If the tenant hasn’t left the property, or paid up rent arrears by then (if Ground 8 or 10), the landlord can now start possession proceedings with a claim for possession . Note that landlords must not do this if they’ve been notified the tenant is in a Breathing Space. For more information, click here for government guidance .

Assuming the tenant isn’t in a Breathing Space, the landlord can start proceedings using the standard forms N5 and N119 . The landlord then has the choice of posting the forms to the local county court or doing it online with the Possession Claims Online  (PCOL) process if the grounds are exclusively for rent arrears (grounds 8, 10 or 11).

The next stage is the court hearing, when it will decide whether or not to grant a possession order .

Bailiff outside rental accommodation

If the tenant doesn’t move out by the date set by the court in the possession order , the landlord will need to take enforcement action by obtaining a warrant for possession.

A landlord can do this by completing a warrant for possession ( Form N325 ) and sending it to the same court that heard the possession claim.

The final stage is repossession, or enforcing the order, by appointing court bailiffs .

The process from submitting the claim to achieving repossession takes on average 22 weeks (Ministry of Justice: August 2023 ) .

Woman reading Schedule 1 renters reform bill new section 8 grounds for possession

The Renters Reform Bill is currently going through parliament, and contains wording that will stop landlords from serving so called “no fault” evictions under Section 21. This means that landlords would only be able to use Section 8 when the Renters’ Reform Bill becomes law. (Click here for the estimated timing of when Section 21 will be abolished ).

However, the Renters Reform Bill contains new or revised Grounds of Possession under Section 8. These are the key ones:

  • Repeated serious arrears
  • Landlord or close family member moving in
  • Sale of property
  • Anti-social Behaviour

>> Related Post: Making sense of the new Renters Reform Bill Section 8 Grounds for Possession

>> Related Post: Renters Reform: Guide to Terminating Tenancies with the New Section 8

Finally, this is a very general overview of how to obtain possession of a property using Section 8. However, it’s not legal advice.

Although it’s possible to do it yourself, unless you have a lot of experience, it’s best to seek expert advice to help you jump through the hoops. My first port of call is always the NRLA Helpline . Click here to find out more about joining the NRLA if you’re not already a member.

Last updated: 10 December 2023

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  • Our contact email address in case of a complaint under the ODR regulation – Amanda Barrett amanda.barrett@howellslegal.com

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Section 8 Termination Notice

Section 8: Terminations Rules , Disputes and Notices

Section 8 vouchers are sometimes referred to as housing choice vouchers, as a support tool for low-income persons or families. They pay a landlord 30–40% of their income in rent while a housing authority covers the remaining costs using HUD funding.

Giving you the Section 8 termination notice is the first action your landlord must take to get you to vacate the property. You won’t need to leave your house immediately.

If your section 8 notice is legitimate, your landlord will have to evict you in court. You might be able to fight the eviction and extend your stay in the house.

When A Section 8 Termination Notice May Be Issued

A section 8 termination notice could arrive at any point during your tenancy. It depends on the justification your landlord gives for wanting you to vacate.

You can only use your section 8 notice if you have a guaranteed or assured shorthold tenancy.

A section 8 notice from your landlord must include a justification. There are numerous grounds that your landlord may use against you, such as unpaid rent, property damage, and neighbor annoyance.

Your landlord must provide a written “form 3” or letter containing the same information as your section 8 notification.

Your notice won’t be considered genuine if it omits:

  • The address of the property
  • The “grounds for possession”—reasons why your landlord wants you to vacate.
  • The date your notice expires—if you don’t vacate by that time, your landlord will need to obtain a possession order from the court.

Even if your landlord gave you the wrong notice, your landlord may still seek a judge to evict you from your house.

The court will hear your argument, and a decision will be rendered. For issuing you a section 8 notice, your landlord must provide you with a good explanation. These justifications are called “grounds for possession.”

Before deciding whether you must vacate, the court must accept your landlord’s justifications for possession. Your section 8 notice should outline the following: the grounds for possession your landlord is attempting to use to evict you (they may list a few); and the reasons for those grounds, such as rent arrears or property damage.

The reasons for possession are on grounds 1 to 17. Depending on the grounds for possession that your landlord has asserted, the court will determine whether you must vacate your home or if you are permitted to remain.

Your section 8 notice ought to include the ground number and a justification.

The section 8 notification won’t be effective if they aren’t. The legality of the grounds for possession your landlord has used will have to be established in court.

For instance, both when you received your section 8 notice and throughout the court hearing, you had rent arrears of at least 8 weeks.

The court will often have to issue an eviction order if your landlord can establish the legal justification for possession.

Because grounds 1–8 are “necessary grounds” for possession, this is the case. This implies that if your landlord can provide evidence for their arguments, the court must accept them .

If you need assistance comprehending the reasons your landlord is claiming possession, speak with an advisor.

These are things to watch out for if your landlord has 1-8 grounds for possession:

  • The property owned by your landlord is being repossessed because they are overdue on their mortgage payments.
  • Your rent is past due:In this situation, If you can verify that you are handling your rent arrears and have the financial means to continue paying your rent, the court is more likely to rule that you can remain in your house.
  • Your landlord wants to reoccupy the space.
  • Near your home, you were found guilty of a terrible crime.

If your landlord has 9-17 grounds for taking possession,

  • The reasons for possession that were used by your landlord must be proven to the court to be appropriate for your circumstance. For instance, if you’ve damaged the property or are behind on your rent.
  • The court’s decision on whether to accept your landlord’s arguments and determine that it is reasonable for you to vacate your residence follows. Because grounds 9–17 are “discretionary grounds,” this is the case.

I Got A Notice That I Am Losing My Section 8

Your landlord must take action to evict you from your home if you receive a section 8 notice. There is no immediate need for you to leave your house.

Your landlord will have to go to court to evict you if your section 8 notice is legit. The Housing Authority must give you written notice before removing your Section 8 Voucher (also known as a Housing Choice Voucher ) if you have one.

Why the Housing Authority is removing your Voucher should be explained in the notice.

Your right to contest or overturn the Housing Authority’s removal of your Voucher exists. You should find out how many days you have to request a hearing to appeal the decision in the notice you received from the housing authority.

Your ability to challenge the Housing Authority’s decision to revoke your voucher may be lost if you do not request the hearing by the deadline.

Reasons Why Section 8 Vouchers Can Be Taken Away

The Housing Authority can take away your Voucher and stop paying your rent if you lose the hearing and you are entitled to legal representation at your hearing. 

If you prevail at the hearing, the Housing Authority will continue to pay a portion of your rent and you will be able to keep your voucher.

Even if you lose the hearing, you might still be able to appeal the verdict. However, you might only have 90 days from the day the hearing decision was made to launch a lawsuit. The following are the reasons Why Section 8 Voucher Can Be Taken Away:

  • Non-cooperative : If you are a voucher holder, you are required to disclose who lives in your home and how much money they make.
  • Unlawful activities: This one is quite complex. The federal regulations provide the policies for termination due to criminal activity, but individual housing authorities develop their own rules that must not clash with the laws of the United States or case law. These are some unlawful activities that you can be penalized for, Methamphetamine manufacturing on a federally subsidized housing complex’s grounds, drugs, violent illicit activities, sexual assault, and domestic abuse.
  • Safety checks.
  • breaches on the lease.
  • Leaving, violating, or dissolving leases.
  • notices of eviction.

The “Reasons” above, explain why and how a Section 8 voucher may be revoked. But! The public housing organization is free to choose another course of action besides eviction.

Section 8: Termination and Dispute

If you get a notice that your Section 8 voucher is being terminated, please dispute the notice. Even a legally valid termination notice is subject to dispute because the housing authority is required to assess “all relevant circumstances,” proof of rehabilitation, and the potential effects on innocent household members. To dispute that notice, try one of the following methods:

  • Anecdotal Evidence: The best reaction may be proof if a tenant genuinely disagrees with the justifications given by the housing authority for the termination. At the “informal hearing,” witnesses, written declarations (if someone makes a written declaration, it’s wonderful to have them also available by phone), and other concrete evidence may be offered.
  • Pleasure And Excitement: Many of the drug and criminal termination provisions in federal regulations state that an employee may be let go if they pose a threat to the “health, safety, or right of pleasure and excitement of the premises by other inhabitants.” It can be very beneficial for a renter if they can obtain statements from the landlord or neighbors stating that their safety, well-being, or ability to enjoy peaceful surroundings was not in danger.
  • Individualizing The Circumstance: Any personalization the tenant can make of the circumstance might be advantageous. They might provide character witnesses or a sizable group of individuals to argue the merits of a second chance.
  • Reformation: If someone’s voucher was terminated due to alcohol or drug misuse, illegal drug usage, or a mental health breakdown, there may be grounds for disputing this if the person has undergone some form of rehabilitation. The renter would require proof of a rehabilitation program in this situation.

Can Section 8 Housing Terminate Assistance

A housing voucher covers all or part of the monthly rent for a home or apartment for eligible families. The Section 8 program is subject to several laws and rules that may terminate assistance if both tenants and landlords disregard the rules. Enlisted here are the reasons for section 8 housing to terminate assistance:

  • Requirements For Housing: The landlord is required to make the necessary repairs or improvements if the rental unit doesn’t fulfill all of the quality requirements. The public housing authority also arranges annual inspections throughout the tenure to avoid being kicked out of the Section 8 program; the landlord must make the required repairs if the rental property fails the inspection.
  • Requirements For Tenants: The terms of the lease must be followed by the tenants. This involves paying the rent on time and keeping the rented property in good condition. The public housing agency typically gives the tenants a time frame to meet the inspection standards if the tenants don’t maintain the rental unit and fail the inspection. Section 8 aid may be halted if the tenants fail the re-inspection. If tenants seriously damage the home or apartment, they risk losing their lease.
  • Additional Grounds for Terminating Assistance: In accordance with Section 8, tenants must give immediate notice of any changes to their household size or income. Tenants risk losing their place in the program if they don’t notify the public housing organization of these changes.

In Summary , if you get a notice that your Section 8 voucher will be terminated, please appeal the notice. The Section 8 voucher may be revoked for legal grounds. But! They must evaluate your circumstances, and a strong argument can overturn even a valid justification for revoking a voucher.

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What is a Section 8 Notice?

how to write a section 8 notice

A Section 8 Notice can be sent by a landlord to a tenant under the provisions of the Housing Act 1988 to provide advance warning that the tenant may need to vacate the property. 

A Section 8 Notice is a warning, not an Eviction Order, and the tenant will not need to leave straight away as there is a notice period. 

A Section 8 Notice is a notice seeking possession. A tenant should vacate the property on receipt of such a notice, but for the landlord to be able to rely on the notice it must first be judged valid to be enforceable, and then followed by a possession order from the courts. This takes time and costs money. The court will determine the validity of a Section 8 Notice and if the grounds for a possession order are reasonable and the notice is correctly and properly draft. 

A Section 8 Notice is only valid in England and Wales.

If a tenant performs specific actions in breach of the tenancy agreement, such as not paying rent, the landlord can issue a Section 8 Notice. 

A Section 8 Notice includes and sets out a notice period leading ultimately to eviction. A Section 8 Notice is only relevant to an assured or assured shorthold tenancy agreement- it cannot be used with other types of tenancy or in relation to commercial property. 

Even if the grounds for seeking possession within the Notice are deemed valid and upheld by a Court hearing, the tenant can delay vacating the property by up to six weeks if leaving sooner would cause problems or hardship. The court only has discretion to delay by 14-42 days at most.

The notice period has been changed at various times because of Covid and has varied throughout the pandemic. It is essential to check the actual notice requirements at any given time which will differ across England and Wales. 

If the grounds for the notice are anti-social behaviour, this can impact the length of time before the tenant must leave. The notice period may be shorter than it is for failure to pay the rent. 

The other alternative to a Section 8 Notice is a Section 21 Notice. These Notices can be issued together in some circumstances but if not handled correctly this can create complexity as one can invalidate the other. 

A Section 21 Notice also starts the process to end an assured shorthold tenancy and can be used to end a fixed term tenancy.

When Can Landlords Serve a Section 8 Notice?

A Section 8 Notice can only be served on tenants with an assured, or an assured shorthold tenancy. Landlords use it in situations where the tenant has broken the terms of the tenancy agreement. The alternative may be a Section 21 Notice .

The Landlord must give legal grounds for the Notice. The most common amongst these is rent arrears. Other typical violations include damage to the landlord’s property, obtaining a pet when the tenancy expressly forbids it or persistent nuisance to neighbours caused by anti-social behaviour.

A Section 8 Notice lists 17 potential grounds for possession — the first 8 of which are mandatory. A court must uphold a Section 8 Notice that lists mandatory grounds for possession, providing the landlord can demonstrate the required supporting criteria. If they do, the tenant will have to vacate the property – there will be no leeway at a court hearing. 

Grounds 9-17 of a Section 8 Notice are discretionary. The court will apply a test of ‘reasonableness’ to determine if the landlord’s claim is fair and the tenant has vacated the property. Schedule 2 of the Housing Act 1988 lists the grounds for possession.

If a Section 8 Notice contains several grounds for possession, the Court will consider the mandatory grounds first and make a judgement on that basis. If the landlord cannot prove or demonstrate evidence for grounds 1-8, the Court will move on to consider the remaining discretionary grounds. 

We typically advise landlords to seek possession on the basis of mandatory grounds- otherwise with discretionary grounds, there is risk a judge might allow a tenant leeway to remain in the property.

Rent arrears are a common mandatory ground for possession if the landlord can demonstrate that rent has not been paid under the tenancy agreement. Other mandatory grounds include the tenant using the property for criminal activity or repossession by a mortgage company because the landlord is in arrears with the mortgage payments. 

If the tenant has rent arrears, the landlord can often use more than one ground for possession, depending on the tenant’s situation. Even though some of the grounds for rent arrears have a mandatory classification, if the tenant attempts to catch up on rent payments, the court hearing may still rule that the tenant can remain in the property subject to a suitable arrangement to repay the arrears.

What Makes a Section 8 Invalid?

A Section 8 Notice will be invalid if the tenant who receives the Notice does not have an assured or an assured shorthold tenancy. The tenancy may be fixed-term or on some other type of legal basis to occupy the property.

A Section 8 Notice must give a valid reason for service, and all required data must be complete. Examples of common errors in Section 8 Notices are failing to include the correct names of all parties to the tenancy agreement or an inaccurate Notice end date. The Notice could be invalidated for failing to provide complete and accurate data —  even for an assured or assured shorthold tenancy.

The reason for eviction on the Section 8 Notice must be valid and is usually described as ‘the grounds for possession’. In the case of rent arrears, there could be more than one ground listed. 

The court can decide if the reason(s) for the eviction given in the Section 8 Notice is valid. If the reason(s) the landlord provides aren’t sufficient or no reason is given, the Section 8 Notice will be found invalid.

Use of an invalid Section 8 Notice will allow challenge to the landlord’s actions in the courts, but it may not change the final outcome if the court decides that the landlord was/is justified in asking the tenant to leave.

Challenging an invalid Section 8 Notice can extend the notice period. A tenant can also contest the Notice if they have a valid reason for not leaving the property. This is referred to as ‘defending possession’. We deal with both the drafting of Section 8 notices, and defended court possession claims for landlords and investors across the country.

How To Serve a Section 8 Notice?

A Section 8 Notice is typically served in writing using a ‘Form 3’ . It can also be served as part of a letter that contains all required information and states that it is a  Section 8 Notice. It is essential to use the current version of the official form as an out-of-date edition will make the Notice invalid.

The Notice should contain the tenant’s name, the full property address, the reason for eviction or grounds for possession, and the date the Notice ends. The landlord can still proceed to court to ask for an eviction notice even if the Section 8 Notice has been incorrectly served. It is up to the court to decide the merits of the case and to reach a decision. 

Keeping evidence of postage or receipt of the Section 8 Notice is advisable in case the tenant denies receiving it.

If the Section 8 Notice is valid and the tenant does not leave the property by the date on the Notice, then the landlord can go to court to start a possession claim to evict the tenant. A claim for a possession order cannot begin until after the date on the Section 8 Notice.

A Section 8 Notice is a warning that a tenant should never ignore. For landlords, deciding whether a Section 8 or Section 21 Notice is most appropriate depends upon the specific circumstances. 

Both landlords and tenants should seek professional advice at an early stage to determine the best course of action, and to ensure the correct notice, properly drafted, is prepared. Taking that approach avoids wasted time and costs later.

how to write a section 8 notice

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Section 8 Notice to Quit

  • Section 8 Covering Letter Example

This form is used by landlords to give notice to tenants that they are seeking to repossess the property. It must be used in specific circumstances, such as if the tenant is behind on rent or has breached the terms of the tenancy agreement. Guidance notes included.

Section 8 Covering Letter Example Template

When issuing a Section 8 Notice to Quit most landlords include a professional covering letter to explain in plain Englilsh what it is and what the tenant needs to do.  This example Section 8 Covering letter will help with that. 

This is also included in our popular Section 8 Pack

tenant name

tenant address

Dear Sir/Madam

Property address:

Amount due: £

SECTION 8 NOTICE SEEKING POSSESSION OF THE ABOVE PROPERTY

We, your landlords, are seeking possession of the above property due to your non-payment of rent or other breach of tenancy.

We are sending you a section 8 notice, which means that you need to pay the arrears in full or move out of the property by date.

If you do not bring your rent up to date by the specified date, we will commence possession proceedings and ask that you pay associated costs

You may want to consult with someone about this letter and accompanying notice. Free advice services are available, which are detailed below, as well as a copy of the ‘How to Rent Guide’ for your reference.

This letter has also been sent to your guarantor.

Yours faithfully

  This is also included in our popular Section 8 Pack

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How To Request an Informal Hearing

  • General Suggestions
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If you don’t agree with the Public Housing Agency’s explanation for terminating or changing your voucher, you can request an Informal Hearing.

PHAs have their own rules on how to request an Informal Hearing. When the PHA sends out a termination notice or a notice of an adverse action, the instructions on how to request an Informal Hearing must also be sent to the participant. Carefully read those instructions and follow them.

You can also request access to the PHA’s Administrative Plan. This is where you will find the rules and procedures for the Housing Choice Voucher program. Closely review the Administrative Plan’s section on changes and terminations, Informal Hearings and time limits for reporting changes.

Part 1: General Suggestions

  • Request the Informal Hearing in writing, and make copies of all documentation for yourself.
  • Send your request to the PHA within the time limit. If your request arrives late and the designated time limit has passed, the PHA is not required to arrange for an Informal Hearing.
  • After you send the request for the Informal Haring, follow up with your caseworker to make sure they received the request.  

Part 2: Sample Letter

If you have to write a letter requesting an Informal Hearing for termination or a change, here is a sample letter:

[Name of Public Housing Agency] Attn: Section 8 Caseworker, [Your caseworker’s name] From: [Your full name] Address: [Your address] Phone Number: [Your phone number] Alternate Phone Number: [An alternate phone number where you can be reached] Date: [Today’s date]

I, [Your full name] , request an Informal Hearing regarding the termination (or change) made to my voucher.

My available time for the Informal Hearing is [Your time of availability] .

Signed: [Your full signature]

Date: [Today’s date]

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Courtney Cannon Scott says:

how to write a section 8 notice

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Common mistakes made by landlords on section 8 or section 21 notices

Why saying

We appreciate that landlords will be keen to evict tenants who are not paying rent, or causing nuisance or damage to their property, but it is important in these situations to make sure that the correct due diligence and accuracy is accounted for.  

With tenants often being able to seek advice or representation from organisations such as the Citizens Advice Bureau or Shelter, inaccuracies or mistakes within section 8 or section 21 notices are causing the validity of the notice to be challenged, preventing landlords from gaining possession.  

Whilst a landlord can still issue court proceedings even if the notice is invalid, it is very likely that a court will throw out the claim and decline possession if the notice is found to be invalid.  

The worst case scenario for a landlord is that they waste time waiting for the original notice to expire, issue proceedings, wait for the next available court date, only to find that the notice is deemed invalid and they have to start the whole process again, costing further legal fees, not to mention the lost rent if the tenant has already stopped paying.

Common mistakes which render a notice invalid

Unable to rely on the notice, or using the wrong type of notice.

A section 8 notice is used if your tenant has broken the terms of the tenancy. A section 21 notice is used to evict tenants either after a fixed term tenancy ends, or during a tenancy with no fixed end date (know as a “periodic tenancy”).

Landlords cannot use section 21 if:

  • It is less than four months since the tenancy started, or the fixed term has not ended
  • The landlord does not have the correct licence (eg HMO, or if in Wales a licence to rent from the local council)
  • The landlord failed to protect the deposit in one of the Government approved deposit schemes
  • the Government’s “how to rent” guide
  • the property’s energy performance certificate, valid for ten years
  • a current gas safety certificate for the property (if gas is supplied, conducted every 12 months)
  • a valid EICR conducted in the last five years.

Landlords cannot use a section 8 or section 21 notice if the tenant does not have an assured shorthold tenancy (AST).

Inaccurate notices

A notice needs to ensure that it includes:

  • The tenant’s full name (as it appears in the AST)
  • Full property address
  • Reason for eviction or grounds for possession (particularly for section 8)
  • Date the notice ends
  • The landlord’s name (as it appears in the AST)
  • Signature along with the name and address of the signatory.

A common mistake found in notices is a failure to include the landlord’s name and address as it appears in the AST, or a failure to include the landlord’s name and address in the AST in the first place. Section 48 of the Landlord and Tenant Act 1987 requires landlords to provide an address, which must be in England or Wales, at which notices may be served on them by their tenants.

A notice must provide details of the landlord’s name and address as it is stated in the tenancy agreement, and be signed by the landlord or agent. The signatory must then provide his/her details as requested underneath the signature. Failing to ensure this is done correctly may render the notice invalid. A common mistake is made by letting agents who put their details on the notice, rather than the landlords because they are signing it – this is incorrect, the landlord’s name and address needs to be stated on the notice, and if the agent is signing the notice on behalf of the landlord, then they would need to put their name and address under their signature. 

When relying on a section 8 notice it is important to state the grounds the tenant has breached and provide a full explanation as to why the landlord is citing them as the reason for eviction. For example, if you are relying on ground 8, unpaid rent, it is good practice not only to state the tenant has failed to pay more than two months’ worth of rent, but to also set out in detail the arrears and which months those arrears relate to.

Failure to provide the correct notice period

A landlord must ensure that the correct amount of notice is given to the tenant otherwise it will render the notice invalid. For clarification on how much notice you should serve on your tenant please refer to the government website.  

Generally a landlord is required to give at least two months’ notice for a section 21 notice, however there may be circumstances where this may differ. Each of the grounds under section 8 require different notice periods and therefore depending on which grounds you are citing, you will need to ensure you are giving the appropriate amount of notice to cover all grounds. 

Please also keep into consideration postal rules as to when the notice is “deemed served” on the tenant. Landlords who miscalculate the notice period by failing to account for the postal rule risk rendering their notice invalid because they failed to give sufficient notice from the date it was served – it is therefore always best to err on the side of caution so as to avoid the wasted time of having to re-serve the notice.

Failure to evidence that the notice was served correctly

We normally recommend to send the notice via first class post with a proof of postage as receipt (you can get this on request at the post office), please ensure that you keep a copy of the notice yourself.  

It is not recommended to use “signed for” delivery as a tenant could simply refuse to sign for the letter in which case it would not be deemed served.   

If you hand deliver the notice to the property, it is important you complete a certificate of service.

Please note: This guide is a brief overview of a complex and difficult area of law. Is it is not intended as legal advice and you should seek specific advice from a solicitor on your particular situation. To be referred to a specialist solicitor please contact us on 0161 696 6170 .

Comments 10

  • Abandon Posseion claim Anup Gottipati

Hi, we initiated the Section 21 notice to our tenent and the claim has now gone to court, stating the defence that we didnt issue the Section 21 correctly. If we abandon this claim and issue a fresh setion 21, will we be liable to pay the tenent costs for duty solicitor for court appreance. 

Thanks 

Response from Stephensons

Thank you for your comment. Our specialist landlord and tenant solicitors would be happy to help but would need more information to be able to advise you accurately. If you could call us on 0333 999 7155 the team will assist, alternatively please email  [email protected]  and we will contact you directly. You can also complete our online  enquiry form .

  • Original Tenant left Property in Jan 2022 , Partner remained and is damaging the property Kelly T

I initially let my Property out via a letting agent who found a tenant on my behalf in 2014, they issued the How to rent guide, the EPC cert  (valid until this year) and the tenancy at the time. The tenant left the Property in Jan 2022 but I didn't notify me and I didn't find out until May 2022 when chasing late payment for rent - she advised she had left but her Partner was still living there.... On the inspection prior to her leaving I had noted a few damages to the Property and advised she got these fixed asap. She did not get these fixed prior to leaving. 

Her Partner  / Now Ex Partner continued to live there since and generally pays rent on time. However there has been substantial damage to the property since which I noted during inspections in and around September 2023. I wrote the remaining Tenant a letter and gave him a staggered schedule of repair to which he agreed all to be complete by March this year  - he is now behind on the December Schedule and likely not going to be in time to keep to the January one. I have since done a thorough inspection using the original itineary and pictures taken in 2014 as comparison and noted a lot more damage, rubbish all over the garden and lack of cleanliness (this more thorough inspection was done due to the amount of Furniture the tenant has put in the property and lack of tidiness generally preventing thorough inspection prior to this. the remaining Tenent has never been offered a new tenancy agreement - it has been a Verbal agreement since I discovered the previous tenent left

He is now saying he doest have the  time or the money to carry out the repairs on time. I feel he is stalling and will attempt to leave the property without notice etc. leaving me to pay the mortgage and cover the cost of repairs - Where do I stand on this? What Can I do? Ideally i want this tenant to Pay to rectify the damages and I want him out of the property ASAP. 

Thank you for your comment. Our specialist landlord and tenant possession solicitors would be happy to help. If you could call us on 0333 999 7155 the team will advise you in more detail, alternatively please email  [email protected]  and we will contact you directly. You can also complete our online  enquiry form .

  • 8 years late protection E reid

Hi I've served a section 21 on my tenant 2 years ago but I hadn't protected her bond for 8 years, as soon as I knew I was in breach of the deposit protection rules I protected it, I now have served another section 21, however I forgot to give her prescribed information! Will the judge still grant possession? I'm worried I haven't followed rules and won't get my property back because of the late protection.

The current deposit rules state that a tenancy deposit must be protected within 30 days of receipt of the deposit payment therefore, protecting this late, wouldn’t remedy the landlord’s breach and the notice will likely be considered to be invalid. To mitigate their loss, landlords may wish to consider returning the deposit in full to the tenant which will mean they can then serve a valid section 21 notice and this would also limit the tenant’s potential claim against the landlord for a breach of the tenancy deposit rules. Should you wish to obtain specialist advice in relation to this, please do contact our team on 0161 696 6170 .

  • No EPC Certificate Margaret Morgan

My tenant has been in situ since January 2013. The AST morphed into a periodic tenancy. He is now in rent arrears and I wish to serve him a Section 8 notice.  I have an up to date gas safety certificate and EHIC. but  do not have an EPC as this was not required in 2013. Will this lack of and EPC compromise my ability to use Section 8?

If a tenancy agreement began before 1 October 2015 and a new fixed term has not been entered into, there is no requirement for an Energy Performance Certificate (EPC) to be served. It is always best practice to have an EPC in place however, this shouldn’t prevent the service of a Section 8 Notice. If you need any further advice on your requirements as a landlord or how to serve a valid Section 8 Notice, please do call us on  0333 999 7155 or complete our online enquiry form and we will contact you directly.

  • Section 8 overlapping AST fixed term converting to rolling periodic Arun Sharma

I issued a section 8 notice, failed to mention the term 'Ground 8' in my N119 submission and lost the possession claim!  The judge said I could still use my Section 8 notice for issuing a new possession claim.  However, the tenancy is due to end in a few days and will become a rolling periodic one.  Can I indeed still rely on the original Section 8 or will it need to be a Section 21 due to the switch to periodic?  The Judge wasn't aware of the end date of fixed term AST.  I have 9 days before the switch to periodic.

A periodic tenancy doesn’t prevent a landlord from serving either a Section 8 Notice or Section 21 Notice. Ground 8 is crucial for a Section 8 claim as this is the mandatory ground for possession based on rent arrears and therefore, should be relied upon within the notice. If you would like advice and assistance on your options moving forward, please feel free to contact our specialist team on 0333 999 7155.

  • AST Ahmed Mahmood

If a letting agent has put only their name on the AST will this be valid on possession proceedings? The notice is in the landlords name c/o the agent and the agent signed on behalf of the landlord with letter of authority from the landlord. Only concern is that the AST doesn't have the landlords name.

Thank you for your comment. Our specialist landlord and tenant possession solicitors would be happy to help. If you could call us on  0333 999 7155 the team will advise you in more detail, alternatively please email  [email protected]  and we will contact you directly. You can also complete our online  enquiry form .

  • flat number omitted from notice Anthony HAYWARD

Hi. My tenant lives in flat 3 of a hmo and shares shower and wc with other tenants, The agreement refers to flat 3 but my notice of possession s21 was declared void by the judge as I hadn't put flat 3 on the notice or claim, just the property address. It is an HMO. Is the judge correct to do this? I have done this before and everything proceeded fine.

Thank you for your comment. Incorrectly identifying the complete property address on a notice seeking possession and/or a claim form can often lead to a claim being struck out by the court. If you would like advice and assistance on your options moving forward, please feel free to contact our team on 0333 999 7155.

I served S21 in March to my tenant but did not attach the updated version of How to Rent, even though l had attached one to the original tenancy contract in Dec 2016. Did not realise l had to attach it again (updated). Is my S21 still valid? Thanks

The How to Rent Guide should always be served at the start of the original tenancy and it is important to serve the most up-to-date version available at that time. However, you don’t need to keep providing a copy when new versions are released.

A new copy of the How to Rent Guide only needs to be served if a tenancy is renewed and a new version of the guide has been released at the time of the renewal. If you need any further assistance our specialist solicitors would be happy to help, please call us on 0333 999 7155.

  • Can I serve Section 21 notice on a tenant while waiting for Probate Gary C

I am Executor of my fathers will. He owned a flat which is being rented. The family wish to sell the property, not take ownership and become landlord. I cannot complete a sale until Probate is granted but I can put the property up for sale. Can I serve notice now to obtain vacant possession status. 

Thank you for your comment. Our specialist landlord and tenant possession solicitors would be happy to help. If you could call us on 0333 999 7155 the team will advise you in more detail, alternatively please email [email protected] and we will contact you directly. You can also complete our online enquiry form .

  • Section 21 notice James Guest

If I'm served a section 21 notice do I myself still have to give notice to leave?

Thank you for your comment. There are a number of issues to be considered if you have been served with a Section 21 Notice. Please feel free to contact our team on 0333 999 7155 for more information about how Stephensons can assist.

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IMAGES

  1. Get Our Image of Section 8 Eviction Notice Template

    how to write a section 8 notice

  2. New Section 8 Notice For England From 1 December 2016 (Plus Other

    how to write a section 8 notice

  3. Notes on Serving a Section 8 Notice and Court Procedure / notes-on

    how to write a section 8 notice

  4. Printable Section 8 Eviction Notice Template Doc

    how to write a section 8 notice

  5. Free Section 8 Notice Template

    how to write a section 8 notice

  6. Eviction Notice

    how to write a section 8 notice

VIDEO

  1. Section 8 notice to quit and landlord law

  2. How to Evict a Tenant Based on Unpaid Rent

  3. Christine Mclaine Blackpool Section 8 Notice Testimonial Fast Track Evictions

  4. Section 8 (Housing Act 1988)

  5. Grade 8| Notice Writing

  6. Being a section 8 landlord paid off my rental property-Guaranteed rent

COMMENTS

  1. What is a Section 8 notice?

    It's also known as an eviction notice. Section 8 notices can only be issued if tenants have broken the rules of their tenancy in some way, for example, if tenants: Are behind in their rent. Have damaged the property. Gained the tenancy by providing false information about themselves. Become a nuisance to neighbours.

  2. Evicting tenants in England: Section 21 and Section 8 notices

    Section 21 and Section 8 notices. You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both. Use a Section 8 notice if your tenants have broken ...

  3. If you get a 'section 8' eviction notice

    If you got your section 8 notice before 26 March 2020, you'll normally get at least 14 days' notice - you won't have to leave straight away. If you got your section 8 notice between 26 March 2020 and 30 September 2021, there were special rules because of coronavirus. Your landlord might have had to give you extra notice.

  4. Section 8 Notice

    Section 8 applies to assured shorthold tenancy agreements (AST) and outlines the landlords' process to terminate a tenancy and repossess property from their tenants. To successfully obtain possession using the section 8 process, the landlord must rely on a 'ground for possession' as defined in section two of the Housing Act 1988. Talk to ...

  5. Understanding the possession action process: A guide for private

    Stage 1: Serving a notice of possession. You can give your tenant a section 8 notice if you have a reason which corresponds with a specific ground for possession; for instance, they have broken ...

  6. Evicting tenants in England: Overview

    Give your tenants a Section 21 notice if you want the property back after a fixed term ends. Give them a Section 8 notice if they've broken the terms of the tenancy. Find out how to give Section ...

  7. How to legally evict your tenant

    3 Serve a Section 8 eviction notice. If you have grounds to evict a tenant, you can start the eviction process by serving a Section 8 notice seeking possession. The grounds for serving a Section 8 eviction order are set out in Schedule 2 of the Housing Act 1988. The most common reasons for evicting a tenant are: rent arrears

  8. Completing a Section 8 Notice

    Consequently, we will write 3 blog posts on: how to complete a section 8; how to complete a section 21; and; ... Where the landlord wishes to live in the property the section 8 notice on ground 1 will need to give the tenant 2 months' notice from the date it is received. Where a notice is served relying on several different grounds which have ...

  9. Section 8 eviction notice

    To evict you with a section 8 notice, your landlord must: list the grounds on the notice. prove the grounds apply to you in court. The process takes time. Sometimes the court can stop an eviction. Most private landlords use the section 21 eviction process because they do not have to prove a legal reason. The government has said that section 21 ...

  10. Free Section 8 Notice

    A Section 8 Notice is used to start the process of legally ending an assured shorthold tenancy (AST) to seek possession of a property. Section 8 Notices must rely on one of the grounds set under section 8 of the Housing Act 1988, which include rent arrears, irregular rent payments, and damage to a property. For use in England only.

  11. Section 8: Terminations & Disputes

    The tenant/voucher-holder needs to write a letter immediately if they want to dispute this notice. Here is a sample letter to dispute a termination notice. Now, if the tenant is okay with losing their housing, they don't need to write this letter. ... If you get a termination notice for your Section 8 voucher, please dispute that termination ...

  12. What You Need to Know About How Section 8 Really Works

    To get Section 8 housing, you will need to apply for a voucher. Before you apply, you will need to know: Where you want to live: Each local housing authority has different rules around Section 8 ...

  13. Ending the Lease and Evictions in Section 8 and Public Housing

    Eviction - The landlord can only evict you after going through the court process. The landlord's eviction notice is not the eviction order. It is the court that orders the eviction. The landlord cannot change the locks, cut off the water or electricity, or move tenant's belongings without going to court.

  14. PDF Sample Letter for Section 8 Voucher Tenant to Send to the Landlord

    The 90-day notice is applicable when the new owner seeks to terminate the lease or to terminate the HAP. We hope that you, as the administrator of the Section 8 voucher program, will inform voucher participants current voucher landlords and new owners of units with Section 8 voucher tenants of this new law in writing.

  15. How to evict tenants with Section 8 notice • The Independent Landlord

    It's a notice that a landlord sends to their tenants of their intention to begin proceedings for possession of a property under Section 8 of the Housing Act 1988 in England, if they don't vacate the property on the expiry of the notice. The notice must be on Form 3, which landlords obtain from the gov.uk website.

  16. What Is A Section 8 Eviction Notice?

    A Section 8 notice is a formal legal notice that informs a tenant who has breached their tenancy agreement that, should they fail to remedy the breach, their landlord is eligible to ask the court to evict them. It can only be used to seek possession of a property as a result of a breach in the tenancy agreement, landlords who wish tenants to ...

  17. Download the New Section 8 Notice

    Under the DA 2015, Section 8 notice was updated. As of 1st December 2016, the section 8 notice (England Only) has been updated again as a consequence of the Immigration Act (2014 & 2016) which means you must use the new section 8 notice. The provisions apply to private sector landlords and to social landlords.

  18. Section 8 Termination Notice

    Section 8 Termination Notice. Section 8 vouchers are sometimes referred to as housing choice vouchers, as a support tool for low-income persons or families. They pay a landlord 30-40% of their income in rent while a housing authority covers the remaining costs using HUD funding. Giving you the Section 8 termination notice is the first action ...

  19. PDF CHAPTER 8. TERMINATION 8-1 Introduction

    b. Delivering a copy of the notice to any adult person answering the door at the unit. If no adult answers the door, the person serving the notice may place it under or through the door, or affix it to the door. 5. The date on which the notice is deemed received by the tenant is the later of: a. The date the first class letter is mailed; or b.

  20. What is a Section 8 Notice? What To Know

    A Section 8 Notice is a warning, not an Eviction Order, and the tenant will not need to leave straight away as there is a notice period. A Section 8 Notice is a notice seeking possession. A tenant should vacate the property on receipt of such a notice, but for the landlord to be able to rely on the notice it must first be judged valid to be ...

  21. Section 8 Covering Letter Example Template

    When issuing a Section 8 Notice to Quit most landlords include a professional covering letter to explain in plain Englilsh what it is and what the tenant needs to do. This example Section 8 Covering letter will help with that. This is also included in our popular Section 8 Pack. tenant name. tenant address. Date: Dear Sir/Madam. Property address:

  22. How To Request an Informal Hearing-How to Appeal a Section 8 HCV

    Part 2: Sample Letter. If you have to write a letter requesting an Informal Hearing for termination or a change, here is a sample letter: [Name of Public Housing Agency] Attn: Section 8 Caseworker, [Your caseworker's name] From: [Your full name] Address: [Your address] Phone Number: [Your phone number] Alternate Phone Number: [An alternate phone number where you can be reached] Date: [Today ...

  23. Common mistakes made by landlords on section 8 or section 21 notices

    A common mistake found in notices is a failure to include the landlord's name and address as it appears in the AST, or a failure to include the landlord's name and address in the AST in the first place. Section 48 of the Landlord and Tenant Act 1987 requires landlords to provide an address, which must be in England or Wales, at which ...

  24. Welcome to the Purdue Online Writing Lab

    Mission. The Purdue On-Campus Writing Lab and Purdue Online Writing Lab assist clients in their development as writers—no matter what their skill level—with on-campus consultations, online participation, and community engagement. The Purdue Writing Lab serves the Purdue, West Lafayette, campus and coordinates with local literacy initiatives.