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SECTION 8 POSSESSION NOTICE
A Section 8 possession notice (operating under Section 8 of the Housing Act 1988) is served on a tenant by a landlord who is wishing to regain possession of a property where a tenant has breached the terms of their tenancy agreement, the most common one being rent arrears. The Section 8 notice can be used during the fixed term of the tenancy. The notice required is 2 weeks. The only mandatory ground is if a tenant is a full two months or more in arrears. Most other grounds are discretionary. For further grounds contact the ELA office 01603767101 or email@example.com
Section 8 notices are available from the ELA office or from the link to download below.
Guidance for completing the form
Number 3 on form – seek possession on ground(s) write “8, 10 and 11” and which read(s) write “see attached sheet” and attach Grounds 8, 10 and 11 to Form 3. Download above.
For example, if you serve the notice by hand on Monday 25th November before 430pm the date on the notice is 10th December 2019 (Number 5 on the form). If served after 430pm add a day. If served on a weekend or bank holiday add 1 or 2 days or more as applicable. For further date advice contact the ELA Office.
FOLLOWING UP SECTION 8 NOTICE
You cannot lodge papers with the courts until after the date stated on the notice (Court Proceedings will not begin until after this date) has passed but you can obtain the forms in advance and have them ready to take to the court. The cost is £355.
Please note there is an online alternative rather than completing the court forms. The website Possession Claim On Line (PCOL) can be found here The cost is £325.
For the example given above the date you can complete PCOL or send the papers to court is 11th December.
If completing paper forms you require:
- N5 Claim form for Possession of Property
- N119 Particulars of Claim for Possession (for residential properties)
- N215 Certificate of Service
All the above court forms can be searched for here
You will be given a date and time to attend court to request a possession order.
Take to court:
A rent schedule to illustrate how the rent arrears have accrued.
Copies of any correspondence you have sent to the tenant regarding chasing the rent arrears.
Proof of ownership of the property.
The Court will grant a Possession Order requiring the tenant to vacate by a specified date (usually within 2 – 4 weeks from the date of Judgement).
If the tenant still does not vacate after the possession date given by the Court you will need to obtain form N325 (Request for Warrant for Possession of Land) from the court to request a bailiff to attend. Cost £121. You will need to be there to change locks or have a locksmith there.
To pursue the ex-tenant for the rent arrears use Money Claim OnLine – MCOL
To see the current Court Fees, go to the Court Form finder, link above, and search for form EX50 (Civil & Family Court Fees)