Focus on Residential Evictions – Section 8 Notices 

There are two ways in which to evict a residential tenant – Section 8 of the Housing Act 1988 which is for when a tenant breaches the Tenancy Agreement and Section 21 of the Landlord and Tenant Act 1985, which is known as the “no fault” notice. We will cover Section 21 in a different article. 

If a tenant breaches the tenancy, you may wish to use Section 8 to get your tenant to either remedy the breaches or, if they are serious, move them out of your property.  A landlord can currently serve both a Section 21 (see other article) or a Section 8.  A landlord may have to rely on Section 8 if he does not comply with the provisions required under Section 21.   

There are 8 mandatory grounds which include rent not being paid or if the landlord wishes to move back into the property and 9 discretionary grounds such as noise nuisance or neglect.  Unless the tenant remedies the breaches under the mandatory grounds, the Court will award possession.  The discretionary grounds can be argued in support of the mandatory grounds but do not provide the Court with an automatic right to order possession if they are argued on their own.  The Court will review the evidence and there will likely be a formal hearing to consider both the landlord and the tenant’s position.   

Please note, if the Renters (Reform) Bill is passed by Government and becomes law, this may change how landlords can rent their properties.  At present, it remains in the House of Commons.   

For further details, please contact our Dispute Resolution Team on 0333 305 7777.  

Progression has a Dispute Resolution Team that can deal with the following matters:- 

• Property Litigation including commercial and private  
• Director/Shareholder Disputes  
• Debt Recovery – unpaid debts both private and commercial 
• Consumer rights 
• Contentious Probate  
• Landlord & Tenant Disputes  
• Professional Negligence 
• Regulatory & Defence 

The content of this article does not constitute legal advice and should not be relied upon. Content may be subject to change and we accept no liability for individuals relying on the information within this article. Contact a member of our team for legal advice tailored to your individual needs.