When should you use a Section 8 Notice?
Some examples of circumstances when a Section 8 Notice can be used to evict your tenant:
- Your tenant is not paying the rent
- Your tenant refuses to leave the property
- Your tenant is being a nuisance
- Your tenant is carrying on a business at your property without permission
Your tenant is in breach of any other provision in the tenancy agreement
Advantages of the Section 8 procedure
• The section 8 procedure can be used at any time, even when the fixed term has not expired. There are different grounds that a landlord can rely upon (please see our instruction form for a brief summary; we will advise you as to whether the grounds can be established).
• You can claim possession of the property as well as a monetary judgement (e.g. for rent arrears) from your tenant. We can advise you as to the merits of pursuing such sums depending on your needs and priorities.
• Depending on which grounds you rely upon there are different notice periods that are required to be given before proceedings can be commenced. Some notice periods are shorter than the section 21 procedure. We can take care of the whole process for you and having a solicitor who knows what they are doing write to your tenant serving formal notice is sometimes an effective way of getting breaches remedied.
Disadvantages of the Section 8 procedure
• The grounds are open to challenge by the tenant at Court even if relying upon mandatory grounds. For example, in the case of Ground 8 (at least 8 weeks’ rent arrears must be outstanding at the time of the notice and at the hearing) tenants can weaken your claim by paying some of the arrears before the hearing. We can provide you with specialist and practical advice when it matters most, should the matter become defended.
• The judge can in certain circumstances make a suspended possession order allowing the tenant a further opportunity to remedy any breaches. If they do so, possession will not be enforced. We can maximise your chances of success in the event that the tenant makes such an application.
• The tenant can counterclaim, often for disrepair. Even if the claim is without substance, this is likely to involve further time and expense. We can advise you as to the merits of any counterclaim and defend such proceedings on your behalf as necessary.
Next Steps
We would be pleased to meet with you to discuss your needs and advise you as to the best way forward in light of your particular circumstances.
If you require further information or advice regarding a Section 8 or Section 21 Notice or otherwise wish to evict your tenant and recover possession of your property please call James Baird 0208 290 7959, Chris Chang 0208 290 3982, Bhavini Curtis 0208 290 7993 or at our London office Bob Mallet 0207 611 7992.
We offer a half hour fixed fee consultation inclusive of service of the appropriate formal notice on the tenant to leave for £190.00 + VAT
