MAKE YOUR FREE Section 8 Notice

SECTION 8 NOTICE

• This form should be used where possession of accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.
• Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed. Form 6A 'Notice seeking possession of a property let on an Assured Shorthold Tenancy' is prescribed for these cases.
• Do not use this form if you wish to obtain possession on grounds of rent arrears against a tenant who is a debtor and whose arrears are subject to a “breathing space”, unless a court has granted you permission to do so. The Debt Respite Scheme (Breathing Space) gives someone in problem debt the right to legal protections from their creditors. If rent arrears are included, enforcement action cannot generally be taken in respect of those arrears during the breathing space. If rent arrears owed to you are part of a breathing space, the Insolvency Service will notify you. Once you receive a notification:
  • You must not contact the tenant directly about the rent arrears – the tenant will have a debt advice provider, named in the notification, who will be the point of contact.
  • You must not serve a notice on the tenant which relies on or includes any of the rent arrears grounds – grounds 8, 10 or 11.
  • If you have already served a notice on rent arrears grounds, you must not commence a claim for possession.
  • If you have already served a notice on rent arrears grounds, and the tenant has then left the property, you must not enter into possession.
• The breathing space will usually last for 60 days. You will receive notification from the Insolvency Service once the breathing space has ended.
• Guidance on breathing space is available on the GOV.UK website at https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance.

1. TO: 
     Name(s) of tenant(s)/licensee(s) 
       
2. Your landlord/licensor intends to apply to the court for an order requiring you to give up possession of: 
     , 
3. Your landlord/licensor intends to seek possession on ground(s)
   in Schedule 2 to the Housing Act 1988 as amended by the Housing Act 1996, which read(s):
4. Give a full explanation of why
   is being relied upon

   Notes on the Grounds of Possession

   • If the court is satisfied that any of the grounds 1 to 8 is established, it must make an order (but see below in relation to fixed term tenancies and breathing space).
   • Before the court grants an order on any of grounds 9 to 17, it must be satisfied that it is reasonable to require you to leave. This means that, if one of these grounds is set out in section 3, you will be able to suggest to the court that it is not reasonable that you should have to leave, even if you accept that the ground applies.
   • The court will not make an order under grounds 1, 3 to 6, 9 or 16 to take effect during the fixed term of the tenancy (if there is one) and it will only make an order during the fixed term on grounds 2, 7, 7A, 8, 10 to 15 or 17 if the terms of the tenancy make a provision for it to be brought to an end on any of these grounds. It may make an order for possession on ground 7B during a fixed-term of the tenancy even if the terms of the tenancy do not make provision for it to be brought to an end on this ground.
   • Where the Court makes an Order for possession solely on grounds 6 or 9 the landlord must pay your reasonable removal expenses.
   • Where the landlord is notified that a breathing space has started, the landlord must not take any enforcement action against you (including serving a notice of possession or making a claim for possession in the county court) on any of grounds 8, 10 or 11 unless the court has given permission for them to do so.
5. The court proceedings will not begin until after: 
   
     Give the earliest date on which proceedings can be brought  
      
   Notes on the Earliest Date on Which Court Proceedings Can Be Brought   
   • Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16 (without ground 7A or 14), court proceedings cannot begin earlier than 2 months from the date this notice is served on you and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice. This applies even if one of the grounds 3, 4, 7B, 8, 10 to 13, 14ZA, 14A, 15 or 17 is also specified. 

   • Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 14ZA, 15 or 17, court proceedings cannot begin earlier than 2 weeks from the date this notice is served (unless one of 1, 2, 5 to 7, 9 or 16 grounds is also specified in which case they cannot begin earlier than 2 months from the date this notice is served).

   • Where the landlord is seeking possession on grounds 8, 10 or 11 (with or without other grounds) and has been notified after this notice has been served that a breathing space has started, court proceedings cannot begin while enforcement action against you has been paused in line with the rules of the respite scheme. You should contact your debt advice provider for advice on the earliest date the court proceedings can be brought.

   • Where the landlord is seeking possession on ground 7A (with or without other grounds), court proceedings cannot begin earlier than 1 month from the date this notice is served on you and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice. A notice seeking possession on ground 7A must be served on you within specified time periods which vary depending on which condition is relied upon:

     • Where the landlord proposes to rely on condition 1, 3 or 5: within 12 months of the conviction (or if the conviction is appealed: within 12 months of the conclusion of the appeal);

     • Where the landlord proposes to rely on condition 2: within 12 months of the court’s finding that the injunction has been breached (or if the finding is appealed: within 12 months of the conclusion of the appeal);

     • Where the landlord proposes to rely on condition 4: within 3 months of the closure order (or if the order is appealed: within 3 months of the conclusion of the appeal).

   • Where the landlord is seeking possession on ground 14 (with or without other grounds other than ground 7A), court proceedings cannot begin before the date this notice is served.

   • Where the landlord is seeking possession on ground 14A, court proceedings cannot begin unless the landlord has served, or has taken all reasonable steps to serve, a copy of this notice on the partner who has left the property.

6. If your landlord/licensor does not apply to the court within a given timeframe this notice will lapse. The latest date for court proceedings to begin is 12 months from the date of service of this notice, subject to any extension in accordance with the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020.
7. Name and address of landlord/licensor or landlord’s agent:

   To be signed and dated by the landlord or licensor or the landlord's or licensor's agent (someone acting for the landlord or licensor). If there are joint landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.

What to Do if This Notice Is Served Upon You

• This notice is the first step in requiring you to give up your possession of your home. You should read it very carefully.
• Your landlord cannot make you leave your home without an order for possession issued by a court. By issuing this notice your landlord is informing you that they intend to seek such an order. If you are willing to give up possession without a court order, you should tell the person who signed this notice as soon as possible and say when you are prepared to leave.
• Whichever grounds are set out in section 3 of this form, the court may allow any of the other grounds to be added at a later date. If this is done, you will be told about it so you can discuss the additional grounds at the court hearing as well as the grounds set out in section 3.
• If you need advice about this notice, and what you should do about it, take it immediately to a citizens' advice bureau, a housing advice centre, a law centre or a solicitor.
• If you believe that you are at risk of homelessness as a result of receiving this notice, you should contact your local authority for support.
• Free independent advice is also available from Shelterline on 0808 800 4444 or via the Shelter website at: https://www.shelter.org.uk/.
• If you have been served this notice and are a debtor in a breathing space, you should inform your debt advisor. If the notice is on grounds of rent arrears (grounds 8, 10 or 11), your landlord may not be entitled to rely upon it, and your debt advice provider will be able to take any appropriate action. You must inform your debt advice provider even if the notice is not due to rent arrears, as it involves a material change in your circumstances.
• If you require advice on problem debt including rent arrears, you can contact a professional debt advice provider. The Money Advice Service provides guidance on finding a debt advisor on its website

_{www.gov.uk Ⓒ Crown Copyright Published by Rocket Lawyer 2015 under the Open Government Licence}