Section 8 - Notice to Quit for England

Housing Act 1988 section 8 as amended by section 151 of the Housing Act 1996

NOTICE SEEKING POSSESSION OF A PROPERTY LET ON AN ASSURED TENANCY OR AN ASSURED AGRICULTURAL OCCUPANCY

1. To:

2. Your landlord intends to apply to the court for an order requiring you to give up possession of:

_____________
_____________
_____________

3. Your landlord intends to seek possession on the following 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 each ground is being relied on:

Notes on the Grounds for Possession

a. If the court is satisfied that any of grounds 1 to 8 is established, it must make an order (but see below in respect of fixed term tenancies).

b. Before the court will grant 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.

c. The court will not make an order under grounds 1, 3 to 7, 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, 8, 10 to 15 or 17 if the terms of the tenancy make provision for it to be brought to an end on any of these grounds.

d. Where the court makes an order for possession solely on ground 6 or 9, the landlord must pay your reasonable removal expenses.


5. The court proceedings will not begin until after: _____________

a. Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16, court proceedings cannot begin earlier than 2 months from the date this notice is served on you (even where one of grounds 3, 4, 8, 10 to 13, 14A, 15 or 17 is specified) 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.

b. Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 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 two months from the date this notice is served).

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

d. 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.

e. After the date shown in section 5, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served. After this time the notice will lapse and a new notice must be served before possession can be sought.


6. Name and address of landlord:


_____________
_____________
_____________

What to do if this notice is served on you:

a. This notice is the first step requiring you to give up possession of your home. You should read it very carefully.

b. 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 he intends 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.

c. 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.

d. 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.


Instructions for Your Section 8 - Notice to Quit



Landlords and their agents can use the Section 8 - Notice to Quit form, both within the fixed term and during a periodical tenancy, to either begin the eviction process or attempt to correct actions or omissions that are found within the tenancy agreement in England and Wales. If the tenancy is periodic, the Section 8 - Notice to Quit may not be the best option, and a Section 21 Notice may provide a better alternative.

This notice can be served either by post or in person. It is recommended that first-class, registered post is used so that delivery can be verified. If the notice is delivered in person, it is advisable that a neutral party is present as witness to the delivery.

It is essential that this notice is addressed to all Tenants listed on the tenancy agreement. Failure to address all Tenants can lead to the failure of this notice. In the case of joint Landlords, only one of the Landlords is required to complete and sign the notice if that Landlord has the express permission to act on behalf of all the Landlords. Where this permission is not granted, all of the joint Landlords must sign and date the document.

Important: Pay particular attention to the notice expiry date. A Landlord cannot apply for a possession order until this date has passed. It is crucial that the appropriate amount of notice is given. If relying upon Grounds 3, 4, 8, 10, 11, 12, 13, 14, 15 or 17 a minimum of two weeks' notice is required. If relying upon Grounds 1, 2, 5, 6, 7, 9 or 16 a minimum of two months' notice is required. It is best practice to add a few additional days to allow for delivery.

THE SERVICE AND EXPIRY OF THIS NOTICE DOES NOT AUTOMATICALLY GRANT THE LANDLORD POSSESSION.

In the event that the Tenants do not vacate the property at the expiry of this notice, the Landlord does not have the right to enter the property and take possession. If this occurs the Landlord will need to apply to the courts for a possession order using forms N119 and N5 and pay the appropriate court fee.

Landlord Landlord – Tenant Notices

Section 8 - Notice to Quit

A Section 8 - notice to quit, also called an eviction notice, is used by landlords to begin the eviction process in order to gain possession of the property when a tenant has violated the lease. LegalNature's step-by-step guidance helps you create your Section 8 quickly and easily.

Our notice to quit automatically includes the necessary statutory language depending upon the grounds for eviction and informs tenants of their rights. When complete, the notice to quit will have all the required information, including the eviction grounds, relevant dates and rules on how to properly serve this notice.

LegalNature’s form builder allows landlords to take control of their tenancies by cutting costs associated with using estate agents and management companies. LegalNature can help you get started with your notice to quit in a few easy steps to give you the protection you need today.

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