How to Serve a section 8 Notice?

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This page includes the following 7 topics which we are going to cover:

What is a section 8 notice?
Which tenancies is a section 8 notice applicable to?
What are the 17 Grounds under the section 8 notice?
When NOT to use a Section 8 notice?
What is the Notice period under COVID19 for section 8 notice?
Disrepair and counterclaim
What notice to serve section 8 or 21 OR maybe both?
What is section 8 Notice?
A section 8 notice is a prescribed notice, you must use the latest version, failure to use the correct version may mean your notice is invalid. A section 8 notice is also known as "Form 3". A section 8 notice has 6 sections which need to be completed, which are:
Name of the tenant(s)
Full postal address of the let property.
Grounds as per the Housing Act that you are relying on. You must use the exact text from the housing Act, these are already written into The BLA section 8 notice for ease.
This section you need to stipulate which grounds you are relying on, and then you need to write how the particular ground is triggered by the ground pleaded. 

Example: 

Ground 8: No rent has been paid for 2 months, see rent schedule attached. £2,000 Total rent is due. 

Ground 10: £2,000 rent arrears are now due. 

Ground 11: Tenant has persistently failed to pay rent, and £2,00 rent arrears are due. 

Ground 12: The tenant has breached the tenancy by damaging the kitchen door.

   5. in section 5, you need to put the date the notice period expires. This part is essential, you must put in the correct period. Due to COVID19, the notice period is 6 months for rent arrears of less than 6 months. 

The COVID19 pandemic has meant the government takes urgent action with little or no notice. You must check the correct notice period for the ground(s) you are using.

   6. You need to sign this section, enter your postal address and must date the notice. 

British Landlord Association Members can download a section 8 notice free of charge from our services page.

A section 8 notice is primarily a notice where a tenant has breached the tenancy the section 8 notice has 17 grounds which a landlord may use under section 8. The common grounds used are for rent arrears, damage to the let property or nuisance.

The notice period you need to give to the tenant To Do, or Not to Do something varies depending on which ground is used.

Landlords need to be cautious when pursuing a claim under section 8 if you have had disrepairs. A tenant can make a counterclaim should you issue a claim under section 8.

Which tenancies is a section 8 notice applicable to?

Before you serve a section 8 notice on your tenant, you MUST first consider what tenancy is in place and if you can serve a section 8 notice on that type of tenancy.

One presumes the tenancy between the landlord and the tenant is the correct tenancy. For example – if your tenant is a limited company, then it is not capable of being an assured shorthold tenancy.

The correct tenancy, a limited company, would be a common law tenancy, also referred to as company tenancy.

You cannot serve a section 8 notice when the tenant is a company or a business.

The only tenancies where a section 8 notice can be used is an Assured shorthold tenancy or an "Assured tenancy".

What are the 17 Grounds under the section 8 notice?

When NOT to use a Section 8 notice?

The threat of a Deposit counterclaim
If you have Disrepairs, then consider if you should serve a section 8 or not?
If the tenant is on housing benefit, you are unlikely to recover rent arrears or legal fees, if a section 21 route is available, you should consider this route.

What is the Notice period under COVID19 for a section 8 notice?

As already discussed above, the government has changed the Notice period for section 8 notice twice just last years, it is likely to change again. You should check the notice period that applies to the particular grounds you wish to use at the time drafting/serving the notice.

What notice to serve section 8 or 21 OR maybe both?

Many landlords ask if they should serve a section 8 or 21 notice. If you do not have disrepair, you should serve a section 8 and 21 notice, if possible.

If you issue a possession under section 21, you can also please section 21 within the section 8 possession claim as an alternative ground.

You can use Landlord Advice UK who charge £89 including VAT to draft and serve the notice on the tenant by 1st class post & additionally by 1st class recorded delivery.

DISCLAIMER: This video is for educational purposes, the prescribed documents or legislation and the notice period may change. We advise you should not attempt to do the section 21 notice yourself. Landlord Advice UK can do the notice for should this be required.