Section 8 eviction notice: Everything you need to know

Even the mere threat of eviction is one of the most stressful things tenants can experience, and it’s all the worse if you’re unsure about how the process goes. You might have received one of the most common avenues landlords take to remove a tenant from their property – a section 8 eviction notice.

A section 8 notice is a formal legal document that a landlord can issue when they believe you’ve breached the terms of your tenancy agreement. These are primarily used in England with renters who have assured or assured shorthold tenancies, while similar processes have different names in other parts of the UK. But it’s important to remember that receiving this notice doesn’t automatically mean you’ll have to leave your home. There’s a legal process that needs to be followed, and you still have rights under housing law.

What Is a section 8 eviction notice?

A section 8 eviction notice is a formal legal notice that a landlord serves to a tenant, requesting the repossession of the property – telling them to move out, essentially – before the tenancy agreement ends. 

This type of eviction is usually used when the tenant has breached the terms of their tenancy agreement in some significant way. What makes a section 8 notice different from other forms of eviction, such as the more widely known ‘no-fault’ section 21 notice, is that landlords have to provide a valid and legal reason for asking tenants to leave. Unlike section 21, where no reason is required, section 8 outlines specific “grounds” for eviction, which landlords must prove in court.

Landlords often serve a section 21 notice at the same time as a section 8 notice as a way to maximise their chances of evicting a tenant from their property, regardless of the circumstances. While a section 8 notice requires the landlord to prove the tenant has breached the tenancy agreement, this can be contested in court and so the process can be complicated and drawn-out. A section 21 notice, however, can allow them to force tenants out even if they haven’t done anything wrong – or to evict them even if they resolve the issue, such as repaying their overdue rent – which is why campaigners have long fought for these evictions to be scrapped altogether.

This threat will end if the government’s Renters’ Rights Bill passes, through which ministers plan to scrap section 21 evictions entirely. “We have been suffering from arbitrary evictions that see us removed from our homes with just eight weeks’ notice through no fault of our own since 1988,” said Conor O’Shea, head of campaigns for Generation Rent. “But the end is in sight, and soon the threat of a no-reason eviction will no longer hang over our heads when we need to make complaints or plan our lives.

“Rent arrears will also remain a reason you can be evicted, but increasing the amount owed before you can face eviction without appeal from two months to three is a positive move which will keep many struggling tenants in their homes.”

Grounds for section 8 eviction

The reasons – or “grounds” – for eviction are detailed in the Housing Act 1988. These are split into two main types: mandatory and discretionary. The distinction is important because it dictates how likely a judge is to rule in favour of the landlord.

Mandatory grounds mean that if the landlord can prove the case, the court must grant possession. Discretionary grounds, on the other hand, give the judge leeway to make a decision based on the specifics of the situation. This means a tenant might be able to avoid eviction even if the grounds are proven.

When used properly, landlords turn to section 8 notices when a major breach of the tenancy agreement has occurred. 

Rent arrears are by far the most common reason landlords serve a section 8 eviction notice. The relevant grounds for rent arrears are grounds 8, 10 and 11 of the Housing Act. Ground 8 is a mandatory ground, meaning that if the tenant owes at least two months’ rent, the court must grant possession to the landlord.

Ground 14 deals with anti-social behaviour, in cases where the tenant is causing a nuisance to neighbours or using the home for illegal purposes. Unlike rent arrears, this is a discretionary ground, meaning that the court will weigh the evidence and make a decision on whether eviction is appropriate. If a tenant is causing distress to neighbours or breaking the law, landlords can take action, but they have to present solid evidence to make their case.

If a tenant has caused significant damage to the property beyond what’s considered fair wear and tear, landlords can issue a section 8 notice under ground 13. This is another discretionary ground, and landlords will need to provide evidence such as photos or quotes for repairs to demonstrate the extent of the damage. It might also be used if a tenant has made changes to the home without permission from the landlord and breached a restrictive covenant on the property.

Even if the tenant isn’t deeply in arrears, a consistent pattern of struggling to pay rent can cause problems. Under ground 11, which is discretionary, the landlord can ask for possession if rent payments have been persistently late, even if they have eventually been paid.

Tenants might sometimes violate other parts of their tenancy agreement – such as having pets without permission, or subletting the property without the landlord’s agreement – which may trigger eviction under ground 12. As with other discretionary grounds, the landlord must provide proof, and the judge will decide whether eviction is warranted.

How long does a section 8 eviction take?

The timeline for a section 8 eviction varies widely depending on the specific circumstances of the case, the grounds for eviction, and how busy the courts are. 

The first step is for the landlord to issue the section 8 notice to the tenant. The length of the notice period depends on the grounds for eviction. For rent arrears, for example, the notice period is usually two weeks from when you’re notified.But landlords can start court action immediately after giving their tenant notice if they’re seeking repossession based on anti-social behaviour (ground 14).

After receiving the notice, tenants have a window to either resolve the issue – to repay at least enough in rent to get arrears below two months’ worth, for example – or contest the grounds for eviction. If the tenant does nothing, the landlord can apply to the court for a possession order. Depending on how busy the court is and whether the tenant contests the eviction, the process can take anywhere from a few weeks to several months.

In the event of a court hearing, both the landlord and tenant will have the opportunity to present their evidence. 

If the court grants the possession order but the tenant refuses to leave, the landlord must then apply for bailiffs to enforce the eviction. This final step can add weeks or even months to the process, depending on the local court’s timetable.

What happens if you get evicted on section 8?

The court’s decision might mean that you need to leave your home, and if you don’t leave voluntarily, bailiffs could get involved. But eviction isn’t always the final outcome and tenants do have options throughout the process.

Negotiation is often the best first step. After receiving a section 8 notice, tenants can try to reach an agreement with their landlord. Setting up a repayment plan for rent arrears may be enough to persuade the landlord to withdraw the notice, if they’re trying to evict you on those grounds.

If you believe the reasons for eviction are unfair or inaccurate, you have the right to challenge the attempted eviction. Getting legal advice or speaking to local housing experts can be incredibly helpful in this situation, as they can guide you through the process and help you present your case – seek them out as soon as possible.

If eviction does seem inevitable, it’s important to start planning early. Depending on the circumstances of your eviction, it might make it more difficult for you to secure new housing in the future, and at a time when homes are already tough to come by thanks to the UK’s housing crisis. Local authorities or housing charities may be able to offer support, particularly if eviction leaves you homeless.

Evictions in Wales, Scotland and Northern Ireland

The principles of eviction based on breaches of tenancy agreements are similar across the UK, but there are some differences in process and terminology. It’s important to understand the specific rules that apply to your region and tenancy type. 

Until recently, section 8 notices were the standard for repossessing property in Wales under these circumstances. But the landscape changed with the implementation of the Renting Homes (Wales) Act 2016, which came into full effect in December 2022.

Under this new legislation, tenancies have been replaced by what are known as occupation contracts. Breaches of tenancy agreement are referred to as fundamental terms of the contract, and if a tenant violates these the landlord can issue a section 159 eviction notice.

The fundamental principles are the same: landlords need to demonstrate a valid reason for eviction, similar to the grounds under section 8. 

Landlords in Scotland no longer use section 8 notices. Instead, they can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order, but only on specific legal grounds.

Similar to section 8, there are a number of defined grounds on which landlords can base their eviction claims. These include rent arrears, anti-social behaviour and damage to the property. The grounds in Scotland are divided into mandatory and discretionary categories, just like in England. For instance, if a tenant has at least three months’ rent overdue, the tribunal must grant the eviction order. Other cases, such as anti-social behaviour, could be subject to judicial discretion. 

The grounds for eviction in Northern Ireland are similar, covering rent arrears, damage to the property and other breaches of the tenancy agreement. Landlords usually have to give tenants a minimum of four weeks’ notice before starting legal proceedings, and this notice must be clear about the grounds for eviction. 

Once the notice period has passed, if the tenant hasn’t resolved the breach or left the property, the landlord can seek a possession order through the courts. The court will then decide whether to grant the eviction based on the evidence presented by both parties.

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