Section 8 notice - Revision history

Designing Buildings at 06:43, 3 June 2021

2021-06-03T06:43:02Z

← Older revision		Revision as of 06:43, 3 June 2021
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	= Introduction =		= Introduction =

−	A notice under Section 8 of the Housing Act 1988 (also known as a Notice to Quit) is part of the procedure landlords in England and Wales must follow to evict tenants ~~under certain conditions. It is the type of notice used~~ when ~~there is legal ground for eviction because~~ the terms of the contract have been broken. The most common reason for a Section 8 notice is significantly late payment of rent.	+	A notice under Section 8 of the Housing Act 1988 (also known as a Notice to Quit) is part of the procedure landlords in England and Wales must follow to evict tenants when the terms of the contract have been broken. The most common reason for a Section 8 notice is significantly late payment of rent.

	There are different eviction procedures in [https://www.housingadviceni.org/right-evict Northern Ireland] and [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Scotland].		There are different eviction procedures in [https://www.housingadviceni.org/right-evict Northern Ireland] and [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Scotland].
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	== Assured tenancies ==		== Assured tenancies ==

−	Section 8 notices also apply to assured tenancies. ~~These are tenancies that began between 15 January 1989 and 27 February 1997.~~	+	Section 8 notices also apply to assured tenancies. An assured tenancy provides tenants with far greater security of tenure in the long-term, as they are able to stay in a property until they choose to leave or the landlord gains possession on one of the grounds listed in the Housing Act 1988. This usually requires waiting until a certain condition has arisen which enables them to seek a possession order, for example, the tenants go into arrears on the rent.
−		+
−	An assured tenancy provides tenants with far greater security of tenure in the long-term, as they are able to stay in a property until they choose to leave or the landlord gains possession on one of the grounds listed in the Housing Act 1988. This usually requires waiting until a certain condition has arisen which enables them to seek a possession order, for example, the tenants go into arrears on the rent.	+

	== Less common tenancies ==		== Less common tenancies ==

Editor at 08:16, 2 June 2021

2021-06-02T08:16:35Z

← Older revision		Revision as of 08:16, 2 June 2021
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	* If issued on or after 29 August 2020 and 31 May 2021 - at least six months (in England).		* If issued on or after 29 August 2020 and 31 May 2021 - at least six months (in England).
	* If issued on or after 1 June 2021 - at least four months (in England), including cases where there are less than four months of unpaid rent.		* If issued on or after 1 June 2021 - at least four months (in England), including cases where there are less than four months of unpaid rent.
−	* If issued on or after 24 July 2020 - at least six months (in Wales), unless the eviction is due to ~~antisocial~~ behaviour, in which case the notice period is three months or more.	+	* If issued on or after 24 July 2020 - at least six months (in Wales), unless the eviction is due to anti-social behaviour, in which case the notice period is three months or more.

	In instances of eviction in England based on specific circumstances, the notice period can be shorter. These circumstances include:		In instances of eviction in England based on specific circumstances, the notice period can be shorter. These circumstances include:

Editor at 17:44, 1 June 2021

2021-06-01T17:44:06Z

← Older revision		Revision as of 17:44, 1 June 2021
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	* Difference between assured shorthold tenancy and assured tenancy.		* Difference between assured shorthold tenancy and assured tenancy.
	* Eviction.		* Eviction.
−	* How to evict a tenant.
	* Rent.		* Rent.
	* Section 13 notice.		* Section 13 notice.

Editor at 17:42, 1 June 2021

2021-06-01T17:42:02Z

← Older revision		Revision as of 17:42, 1 June 2021
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	== Assured shorthold tenancies ==		== Assured shorthold tenancies ==

−	The procedure associated with Section 8 notices applies to assured shorthold tenancies (ASTs). ASTs are the types of residential tenancy agreements used by most private landlords and housing associations. There are two types of ASTs - periodic (those that run weekly or monthly with no fixed end date) or fixed-term (which run for a specified period of time).	+	The procedure associated with Section 8 notices applies to assured shorthold tenancies (ASTs). ASTs are the types of residential tenancy agreements used by most private landlords and housing associations. ASTs are typically given for a period of six months but can be for longer. After this initial agreed period, the landlord is able to evict the tenant without a legal reason.
		+
		+	There are two types of ASTs - periodic (those that run weekly or monthly with no fixed end date) or fixed-term (which run for a specified period of time).

	== Assured tenancies ==		== Assured tenancies ==

Editor at 17:40, 1 June 2021

2021-06-01T17:40:56Z

← Older revision		Revision as of 17:40, 1 June 2021
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	= Introduction =		= Introduction =

−	A notice under Section 8 of the Housing Act 1988 (also known as a Notice to Quit) is part of the procedure landlords in England and Wales must follow to evict tenants under certain conditions. It is the type of notice used when there is legal ground for eviction ~~(such as~~ significantly late ~~rent~~ payment).	+	A notice under Section 8 of the Housing Act 1988 (also known as a Notice to Quit) is part of the procedure landlords in England and Wales must follow to evict tenants under certain conditions. It is the type of notice used when there is legal ground for eviction because the terms of the contract have been broken. The most common reason for a Section 8 notice is significantly late payment of rent.

	There are different eviction procedures in [https://www.housingadviceni.org/right-evict Northern Ireland] and [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Scotland].		There are different eviction procedures in [https://www.housingadviceni.org/right-evict Northern Ireland] and [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Scotland].
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	= Specifics of a Section 8 notice =		= Specifics of a Section 8 notice =

−	In order to give tenants notice under Section 8, the landlord must complete a [https://www.gov.uk/guidance/assured-tenancy-forms#form-3 Tenancy form 3: notice seeking possession of a property let on an assured tenancy (including an AST) or an assured agricultural occupancy]. The completed notice must include the terms of tenancy that have been broken.	+	In order to give tenants notice under Section 8, the landlord must complete a [https://www.gov.uk/guidance/assured-tenancy-forms#form-3 Tenancy form 3: notice seeking possession of a property let on an assured tenancy (including an AST) or an assured agricultural occupancy]. The completed notice must include the terms of tenancy that have been broken. Section 8 notices continue to be valid for 12 months after they have been served.

	For situations where notice was given before 26 March 2020, the tenant must have been given up to two months to leave the property (depending on the condition of the eviction).		For situations where notice was given before 26 March 2020, the tenant must have been given up to two months to leave the property (depending on the condition of the eviction).

Editor at 17:37, 1 June 2021

2021-06-01T17:37:41Z

← Older revision		Revision as of 17:37, 1 June 2021
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	= Introduction =		= Introduction =

−	A notice under Section 8 of the Housing Act 1988 (also known as a Notice to Quit) is part of the procedure landlords in England and Wales must follow to evict tenants under certain conditions.	+	A notice under Section 8 of the Housing Act 1988 (also known as a Notice to Quit) is part of the procedure landlords in England and Wales must follow to evict tenants under certain conditions. It is the type of notice used when there is legal ground for eviction (such as significantly late rent payment).

	There are different eviction procedures in [https://www.housingadviceni.org/right-evict Northern Ireland] and [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Scotland].		There are different eviction procedures in [https://www.housingadviceni.org/right-evict Northern Ireland] and [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Scotland].
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	== Assured shorthold tenancies ==		== Assured shorthold tenancies ==

−	The procedure associated with Section 8 notices applies to assured shorthold tenancies (ASTs). ASTs are the types of residential tenancy agreements used by most private landlords and housing associations.	+	The procedure associated with Section 8 notices applies to assured shorthold tenancies (ASTs). ASTs are the types of residential tenancy agreements used by most private landlords and housing associations. There are two types of ASTs - periodic (those that run weekly or monthly with no fixed end date) or fixed-term (which run for a specified period of time).
−		+
−	There are two types of ASTs - periodic (those that run weekly or monthly with no fixed end date) or fixed-term (which run for a specified period of time). Section 8 notices are used when tenants have broken the terms of the tenancy. They can also be used for purposes of eviction during a periodic tenancy. In either case, landlords do not have to have a reason for taking back possession of the property.	+

	== Assured tenancies ==		== Assured tenancies ==

	Section 8 notices also apply to assured tenancies. These are tenancies that began between 15 January 1989 and 27 February 1997.		Section 8 notices also apply to assured tenancies. These are tenancies that began between 15 January 1989 and 27 February 1997.
		+
		+	An assured tenancy provides tenants with far greater security of tenure in the long-term, as they are able to stay in a property until they choose to leave or the landlord gains possession on one of the grounds listed in the Housing Act 1988. This usually requires waiting until a certain condition has arisen which enables them to seek a possession order, for example, the tenants go into arrears on the rent.

	== Less common tenancies ==		== Less common tenancies ==

Editor at 17:31, 1 June 2021

2021-06-01T17:31:57Z

← Older revision		Revision as of 17:31, 1 June 2021
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	* Difference between assured shorthold tenancy and assured tenancy.		* Difference between assured shorthold tenancy and assured tenancy.
		+	* Eviction.
	* How to evict a tenant.		* How to evict a tenant.
	* Rent.		* Rent.

Editor at 17:30, 1 June 2021

2021-06-01T17:30:47Z

← Older revision		Revision as of 17:30, 1 June 2021
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	= Steps to possession =		= Steps to possession =

−	Landlords should follow technical guidance for possession as modified by the Coronavirus Act 2020. As of 1 June 2021, the Government strongly advises landlords not to commence or continue possession proceedings during the pandemic without a very good reason to do so.	+	Landlords should follow technical guidance for possession as modified by the [https://www.legislation.gov.uk/ukpga/2020/7/contents/enacted Coronavirus Act 2020]. As of 1 June 2021, the Government strongly advises landlords not to commence or continue possession proceedings during the pandemic without a very good reason to do so.

	If justification is warranted and tenants have not moved out of the property by the date on the Section 8 notice, then the landlord must apply to the court for a standard possession order. Additional guidance can be found [https://www.gov.uk/evicting-tenants/standard-possession-orders here].		If justification is warranted and tenants have not moved out of the property by the date on the Section 8 notice, then the landlord must apply to the court for a standard possession order. Additional guidance can be found [https://www.gov.uk/evicting-tenants/standard-possession-orders here].
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	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

		+	* Difference between assured shorthold tenancy and assured tenancy.
		+	* How to evict a tenant.
	* Rent.		* Rent.
	* Section 13 notice.		* Section 13 notice.
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	* Gov.uk, [https://www.gov.uk/evicting-tenants/standard-possession-orders Evicting tenants (England and Wales)].		* Gov.uk, [https://www.gov.uk/evicting-tenants/standard-possession-orders Evicting tenants (England and Wales)].
	* Housing advice for Northern Ireland, [https://www.housingadviceni.org/right-evict Right to evict].		* Housing advice for Northern Ireland, [https://www.housingadviceni.org/right-evict Right to evict].
		+	* Legislation.gov.uk, [https://www.legislation.gov.uk/ukpga/2020/7/contents/enacted Coronavirus Act 2020].
	* Legislation.gov.uk, [https://www.legislation.gov.uk/ukpga/1988/50/section/8 Housing Act 1988, Section 8.]		* Legislation.gov.uk, [https://www.legislation.gov.uk/ukpga/1988/50/section/8 Housing Act 1988, Section 8.]
	* mygovscot, [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Ending a tenancy as a landlord].		* mygovscot, [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Ending a tenancy as a landlord].
		+
		+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Definitions]] [[Category:Other_legislation]]

Editor at 17:19, 1 June 2021

2021-06-01T17:19:59Z

← Older revision		Revision as of 17:19, 1 June 2021
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	= Specifics of a Section 8 notice =		= Specifics of a Section 8 notice =

−	In order to give tenants notice under Section 8, the landlord must complete a Tenancy form 3: notice seeking possession of a property let on an assured tenancy (including an AST) or an assured agricultural occupancy. The completed notice must include the terms of tenancy that have been broken.	+	In order to give tenants notice under Section 8, the landlord must complete a [https://www.gov.uk/guidance/assured-tenancy-forms#form-3 Tenancy form 3: notice seeking possession of a property let on an assured tenancy (including an AST) or an assured agricultural occupancy]. The completed notice must include the terms of tenancy that have been broken.

	For situations where notice was given before 26 March 2020, the tenant must have been given up to two months to leave the property (depending on the condition of the eviction).		For situations where notice was given before 26 March 2020, the tenant must have been given up to two months to leave the property (depending on the condition of the eviction).
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	From 1 June 2021, notice periods are four months in most circumstances, including for cases where there are less than four months of unpaid rent.		From 1 June 2021, notice periods are four months in most circumstances, including for cases where there are less than four months of unpaid rent.

−	Additional guidance is available in Technical guidance on eviction notices.	+	Additional guidance is available in [https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities Technical guidance on eviction notices].

	= Steps to possession =		= Steps to possession =
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	Landlords should follow technical guidance for possession as modified by the Coronavirus Act 2020. As of 1 June 2021, the Government strongly advises landlords not to commence or continue possession proceedings during the pandemic without a very good reason to do so.		Landlords should follow technical guidance for possession as modified by the Coronavirus Act 2020. As of 1 June 2021, the Government strongly advises landlords not to commence or continue possession proceedings during the pandemic without a very good reason to do so.

−	If justification is warranted and tenants have not moved out of the property by the date on the Section 8 notice, then the landlord must apply to the court for a standard possession order. Additional guidance can be found ~~here~~:	+	If justification is warranted and tenants have not moved out of the property by the date on the Section 8 notice, then the landlord must apply to the court for a standard possession order. Additional guidance can be found [https://www.gov.uk/evicting-tenants/standard-possession-orders here].
−		+
−	~~apply to the court for a~~ possession ~~order~~.	+

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =
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	= External resources =		= External resources =

		+	* Gov.uk, [https://www.gov.uk/guidance/assured-tenancy-forms#form-3 Assured tenancy forms].
		+	* Gov.uk, [https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities COVID-19 and renting: guidance for landlords, tenants and local authorities].
		+	* Gov.uk, [https://www.gov.uk/evicting-tenants/standard-possession-orders Evicting tenants (England and Wales)].
	* Housing advice for Northern Ireland, [https://www.housingadviceni.org/right-evict Right to evict].		* Housing advice for Northern Ireland, [https://www.housingadviceni.org/right-evict Right to evict].
	* Legislation.gov.uk, [https://www.legislation.gov.uk/ukpga/1988/50/section/8 Housing Act 1988, Section 8.]		* Legislation.gov.uk, [https://www.legislation.gov.uk/ukpga/1988/50/section/8 Housing Act 1988, Section 8.]
	* mygovscot, [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Ending a tenancy as a landlord].		* mygovscot, [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Ending a tenancy as a landlord].

Editor at 17:13, 1 June 2021

2021-06-01T17:13:55Z

← Older revision		Revision as of 17:13, 1 June 2021
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	* Housing advice for Northern Ireland, [https://www.housingadviceni.org/right-evict Right to evict].		* Housing advice for Northern Ireland, [https://www.housingadviceni.org/right-evict Right to evict].
−	* ~~[https://www.designingbuildings.co.uk/wiki/~~Legislation ~~Legislation]~~.gov~~.[https://www.designingbuildings.co~~.uk~~/wiki/UK uk]~~, [https://www.legislation.gov.uk/ukpga/1988/50/section/21 Housing Act 1988, Section ~~21]~~.	+	* Legislation.gov.uk, [https://www.legislation.gov.uk/ukpga/1988/50/section/8 Housing Act 1988, Section 8.]
	* mygovscot, [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Ending a tenancy as a landlord].		* mygovscot, [https://www.mygov.scot/ending-a-tenancy-as-a-landlord Ending a tenancy as a landlord].