The Section 8 Eviction Notice Procedure – A Guide for Landlords
Regulated Professionals are Essential
It is important to note that only legal professionals authorised by the Legal Services Act 2007 (such as ourselves) are authorised to handle litigation matters including tenant eviction, even though many unregulated companies also offer tenant eviction services. Possession litigation can only be provided by regulated legal professionals under this Act and clients who instruct unregulated firms to carry out their litigation run the risk of facing enormous delays and increased costs because the Court will not accept an application for a possession order from an unregulated body.
Need to evict a tenant quickly? Take a look at our express tenant eviction service.
The Section 8 Eviction Notice
Following the introduction of the Renters’ Rights Act, Section 21 “no fault” evictions have largely been abolished for residential tenancies in England. As a result, landlords now primarily rely on the Section 8 eviction procedure when seeking possession of a property.
To proceed with a Section 8 Eviction Notice based on mandatory rent arrears grounds, a tenant will usually now need to fall into at least three months’ rent arrears in order for the landlord to rely on Ground 8 under Schedule 2 of the Housing Act 1988.
Landlords may also now rely on Ground 1 where the landlord, or a close family member, genuinely intends to occupy the property as their principal residence. In addition, landlords may rely on Ground 1A where they genuinely intend to sell the property.
Discretionary Grounds for Tenant Eviction
You may also choose to rely on discretionary grounds for possession, including Grounds 10 and 11. However, it is generally more difficult to obtain a possession order using discretionary grounds because the Judge will need to consider whether it is reasonable in the circumstances to make an order for possession against the tenant.
Tenants will often claim hardship or raise counterclaims when landlords rely solely on discretionary grounds.
Proving Tenant Rent Arrears
After the tenant falls into rent arrears of at least three months, the landlord is entitled to serve the tenant with a Section 8 Eviction Notice.
The landlord will need to produce evidence showing how the rent became due and how the tenant fell into arrears by preparing a “Rent Schedule”. This should outline:
- the date the rent became due
- the amount payable
- the amount paid
- the date payment was made
- the running balance outstanding
With a Section 8 Eviction Notice based on Ground 8, the landlord must prove that there are at least three months of rent arrears outstanding both at the date of service of the notice and at the date of the possession hearing.
The Practical Difference Between Section 8 and Section 21 Notices
Prior to the Renters’ Rights Act reforms, landlords often relied on Section 21 notices to regain possession without needing to prove fault on the part of the tenant. Section 21 notices have now largely been abolished for residential tenancies in England.
Landlords must now generally rely on the Section 8 procedure and prove one or more statutory grounds for possession. Although this can be a more contentious process, where a landlord can clearly prove significant rent arrears or another valid statutory ground, the Court is still able to grant possession.
Section 8 Eviction Notice Timescales
The notice period for a Section 8 Eviction Notice depends on the grounds being relied upon. In many rent arrears cases involving Grounds 8, 10 and 11, landlords are now generally required to provide at least 4 weeks’ notice before commencing possession proceedings, although notice periods can vary depending on the circumstances and the applicable statutory ground.
Once the notice period has expired, possession proceedings can be issued through the Court.
Grounds for Possession under the Housing Act 1988
The following are some of the most common grounds relied upon by landlords under Schedule 2 of the Housing Act 1988:
Mandatory Ground – 1
The landlord, or in some circumstances a close family member, genuinely intends to occupy the property as their only or principal home.
Mandatory Ground – 1A
The landlord genuinely intends to sell the property.
Mandatory Ground – 8
At both the date of service of the notice and the date of the hearing:
- if rent is payable weekly or fortnightly, at least 13 weeks’ rent must be unpaid
- if rent is payable monthly, at least three months’ rent must be unpaid
- if rent is payable quarterly, at least one quarter’s rent must be more than three months in arrears
- if rent is payable yearly, at least three months’ rent must be more than three months in arrears
Discretionary Ground – 10
Some rent lawfully due from the tenant is unpaid at the date of service of the notice and at the date of the hearing.
Discretionary Ground – 11
The tenant has persistently delayed paying rent which has lawfully become due.
Tenants’ Right to Defence Including Disrepair
When serving a Section 8 Notice on a tenant, we often instruct professional process servers to personally hand deliver the notice.
This is because tenants sometimes argue that they did not receive the notice. Using an independent process server allows landlords to produce strong evidence confirming service of the notice.
We also protect our clients by serving notices by first class post and recorded delivery where appropriate.
Harassment and Disrepair Defences
One of the most common defences raised by tenants relates to allegations of disrepair or harassment.
Tenants may claim that the rent arrears arose because the landlord failed to carry out repairs and that they are entitled to compensation. In some cases, tenants argue that the value of their disrepair claim reduces the arrears below the Ground 8 threshold of three months’ arrears.
If this occurs, the Court may need to consider whether possession should still be granted under the discretionary grounds instead.
Judge’s Decision
Where tenants raise a defence and provide supporting evidence, the outcome can depend heavily on the facts of the case and the Judge hearing the matter.
Some Judges may still grant possession immediately. Others may adjourn the hearing and direct both parties to provide further evidence, including witness statements, photographs, surveyor reports or repair records.
Possession hearings can therefore become unpredictable where tenants raise disrepair allegations or procedural challenges. This is why instructing an experienced tenant eviction solicitor is essential.
Tenants will also have the opportunity to raise a defence at the hearing itself. The Court will consider factors such as the level of arrears, the evidence presented by both parties and whether it is reasonable to grant possession.
If the tenant does not successfully defend the claim and the landlord proves the statutory grounds relied upon, the Court will usually grant a possession order.
The Importance of Countering a Tenant’s Defence
Our tenant eviction solicitors have extensive experience in helping landlords respond to tenant defences, including allegations of disrepair.
This may involve:
- arranging an independent property condition report
- preparing detailed witness statements
- challenging the tenant’s evidence
- producing repair records and correspondence
This is where experienced regulated solicitors can provide a significant advantage over unregulated tenant eviction companies.
Section 8 Notice Possession Claim
To commence possession proceedings, the Section 8 notice must first be properly served on the tenant.
Once the notice period has expired, a possession claim can be issued in the Court with jurisdiction over the property.
If you instruct our tenant eviction solicitors, we are often able to issue possession claims online, which can speed up the process compared to issuing claims on paper.
On the day of the hearing, it is important to produce an up-to-date rent schedule showing that the required level of arrears still exists where Ground 8 is relied upon.
If the Court grants possession, the Judge will usually order the tenant to vacate the property within 14 days, although this can occasionally be extended in cases of exceptional hardship.
Enforcement of Possession Orders
Tenants do not always leave the property after a possession order has been granted.
In these circumstances, landlords must apply to enforce the order by obtaining a warrant or writ of possession and instructing County Court Bailiffs or High Court Enforcement Officers to carry out the eviction lawfully.
Recovery of Rent Arrears
Tenants do not always pay the outstanding rent arrears ordered by the Court.
Landlords may therefore need to take separate enforcement action to recover the debt and obtain a County Court Judgment (CCJ).
Enforcing a CCJ
Once a landlord has obtained a CCJ, there are several enforcement options available, including:
- instructing County Court Bailiffs or High Court Enforcement Officers
- applying for an Attachment of Earnings Order
- applying for a Charging Order against property
- freezing funds held in bank accounts
Court Enforcement for Possession of the Property
Landlords can choose either High Court Enforcement Officers or County Court Bailiffs to enforce possession orders.
High Court Enforcement Officers are generally faster but more expensive. County Court Bailiffs are usually cheaper but waiting times can often be significantly longer.
Court Enforcement for Payment of Rent Arrears
Depending on the circumstances, landlords may seek to recover rent arrears by:
- sending enforcement agents to recover payment
- applying for an Attachment of Earnings Order
- freezing money held in bank accounts
- securing the debt against land or property owned by the tenant
New Possession Proceedings
If tenants have fallen into arrears and are unwilling to communicate or agree a payment plan, landlords should take legal advice promptly.
Following the abolition of Section 21 notices, landlords now generally rely on Section 8 notices and the statutory grounds for possession when seeking to recover possession of residential property, including rent arrears grounds, landlord occupation grounds and the new intention to sell ground.
Landlords cannot lawfully evict tenants without first obtaining a possession order where the tenant has exclusive possession under a residential tenancy agreement. It is therefore essential that landlords follow the correct legal process before attempting to recover possession.
FAQs for Landlords on Overcoming Typical Procedural Problems
I have not protected my tenant’s deposit within 30 days of receipt in an authorised scheme and not served my tenant with the prescribed information. Can I still evict my tenant?
Yes. Failure to protect a deposit does not automatically prevent a landlord from pursuing possession proceedings under Section 8. However, tenants may raise a counterclaim for financial penalties relating to the deposit breach.
The Court may order the landlord to repay the deposit and pay a penalty of between one and three times the deposit value.
We can advise you on the best strategy to minimise the risks and continue possession proceedings where appropriate.
I failed to serve a gas safety certificate, EPC or How to Rent Guide. Can I still evict my tenants?
Although landlords should comply with all legal obligations relating to gas safety certificates, Energy Performance Certificates and prescribed information, failures of this nature do not automatically prevent a landlord from pursuing possession under Section 8 where valid statutory grounds exist, including significant rent arrears or the new landlord occupation and sale grounds.
Why Use our Section 8 Tenant Eviction Service?
Unlike some unregulated tenant eviction companies, we are solicitors regulated by the Solicitors Regulation Authority (SRA), with appropriate insurance and complaints procedures in place to protect our clients.
We have extensive experience in landlord and tenant litigation and have assisted landlords with hundreds of possession claims over the years.
We understand how to deal with difficult tenant situations and aim to help landlords recover possession in the most time-efficient and cost-effective way possible.
How Starck Uberoi can Help
Starck Uberoi has a dedicated team of tenant eviction solicitors who specialise in landlord and tenant disputes and possession proceedings.
Our Offices
Our Brentford Solicitors, are located on the High Street in a grand three-story building, just a short distance from Brentford County Court. Our Belgravia solicitors are located Just a 5-minute walk from Victoria tube station in Grosvenor Gardens. Our Ealing solicitors are only a short walk from both Ealing Broadway and South Ealing and our Richmond Solicitors have the pleasure of overlooking the picturesque Richmond Green. Finally, our Solicitors in Canterbury are located in the within the UNESCO World Heritage Site of Canterbury Cathedral. Our partner, Raminder Uberoi, can also offer a Notary Public Service at any of our London offices.
