To regain possession of a property under Section 8 of the Housing Act 1988, a landlord must follow a formal legal process. Section 8 allows a landlord to seek possession of a property before the end of an Assured Shorthold Tenancy (AST) if the tenant has breached certain terms of the tenancy agreement, such as non-payment of rent or causing damage to the property.
Here’s how to proceed:
1. Grounds for Possession (Section 8 Notice)
You can issue a Section 8 notice (Form 3) to the tenant if they have breached specific terms of
the tenancy agreement. The most common grounds for serving a Section 8 notice are:
- Ground 8: Rent arrears (at least 2 months’ unpaid rent, or 8 weeks for weekly or fortnightly rent).
- Ground 10: Rent arrears (less than 2 months but more than 1 month).
- Ground 11: Persistent late payment of rent.
- Ground 12: Breach of other terms of the tenancy agreement.
- Ground 13: Damage or neglect of the property.
- Ground 14: Nuisance or annoyance to neighbours.
You may use multiple grounds if applicable.
2. Serving a Section 8 Notice
To start the process, you must serve a Section 8 notice to the tenant. This is a formal written
notice specifying:
- The date of the notice: The tenant must be given at least 2 weeks’ notice (for rent arrears or other grounds under Ground 8) or 2 months for other grounds before proceedings can begin.
- The grounds: The specific reasons for seeking possession under Section 8.
- The tenant’s obligations: The tenant will have a period to remedy the breach (e.g., pay overdue rent, stop the nuisance, etc.), or if the breach isn’t remedied within the specified time, you can apply to court for possession.
You can serve the notice by hand-delivering it to the tenant or sending it by post (preferably by recorded delivery). It’s recommended to keep proof of delivery.
3. Applying to the Court for Possession
If the tenant does not leave the property voluntarily after the notice period expires, you can then
apply to the court for a possession order. This process can be done through:
- Accelerated Possession Procedure: If you are claiming possession based on rent arrears (Grounds 8, 10, and 11), the accelerated procedure is faster and doesn’t require a court hearing. The court can issue a possession order based on the paperwork alone.
- Standard Possession Procedure: If you’re using other grounds (like nuisance or property damage), or the tenant disputes the claim, you may need to attend a court hearing, where the judge will consider the evidence before making a decision.
Court Hearing (if applicable)
If a court hearing is required, you must submit your evidence, including the Section 8 notice, proof of rent arrears, or any other breach of the tenancy agreement. The tenant will also have an opportunity to present their side. If the judge is satisfied that the grounds for possession are met, they will issue a possession order.
Possession Order
If the court grants you a possession order, the tenant will be given a date by which they must leave the property. The court will typically give:
14 days’ notice for the tenant to vacate the property. The tenant may request an extension of up to 28 days, but the court is not required to
grant this.
Warrant of Possession
If the tenant does not leave the property by the deadline, you can request a Warrant of Possession. This gives the bailiƯs the authority to remove the tenant and their belongings from the property.
Eviction by Bailifs
Once the Warrant of Possession is granted, a court-appointed bailiff will arrange to carry out the eviction. You will be notified of the date and time, and the bailiƯs will execute the eviction by removing the tenant from the property if they still haven’t left.
Key Points to Remember:
- Notice Periods: The Section 8 notice specifies how long the tenant has to remedy the breach or vacate the property, typically 2 weeks to 2 months.
- Grounds for Possession: You need to state the specific grounds (e.g., rent arrears, damage to the property, nuisance, etc.) in your Section 8 notice.
- Court Proceedings: If the tenant does not comply with the Section 8 notice, you must apply to the court for possession.
- Eviction: Only the court can legally evict a tenant. Self-help eviction methods (changing locks, etc.) are illegal.
Final Note
It’s advisable to consult a solicitor or a housing professional to ensure compliance with all the rules and to avoid any legal mistakes during the process, especially since the rules for eviction can be complex.