A Section 8 notice is used in England and Wales when you have specific legal reasons ('grounds') to evict a tenant, often due to a breach of the tenancy agreement. Unlike Section 21, it can often be used during a fixed term.
Key Concepts:
- Grounds-Based: You must cite specific grounds from Schedule 2, Housing Act 1988.
- Mandatory Grounds: If proven, the court must grant possession (e.g., Ground 8 - serious rent arrears of 2+ months). Strict criteria apply.
- Discretionary Grounds: Court grants possession only if reasonable (e.g., Ground 10/11 - some arrears/late payments, Ground 14 - anti-social behaviour, Ground 12 - other breaches). Requires strong evidence.
- Evidence: Crucial for all grounds, especially discretionary ones (rent statements, communication logs, photos, witness details).
- Notice Periods: Vary depending on the ground (often 2 weeks, but can differ – e.g., serious anti-social behaviour).
Process: If the tenant doesn't leave, you apply to court (N5/N119 forms), usually leading to a hearing. Precision in citing grounds and notice periods on the Section 8 form is vital for success.
