Section 8 notices
If the landlord requires possession of a property using a Section 8 notice, first of all the landlord must serve a Section 8 notice informing the tenant of the intention to go to court to seek possession of the property.
A Section 8 notice must be in writing and must follow a prescribed format, which can be purchased from law stationers or large booksellers.
The landlord must state the grounds for possession, as defined in Schedule 2 of the Housing Act 1988, and give the tenant sufficient notification of his/her intention. The period of notice is usually two weeks or two months, depending on the grounds of possession.
Once the notice time period has expired the landlord may start court proceedings to regain possession of the property. If the tenant believes that the landlord should not have the right to possession then he should seek advice from:
- the council
- Citizens Advice Bureau
- their own solicitor
Tenants do not have to leave the property until a Court Possession Order is granted and enforced by the Court. On no account should a landlord try and evict a tenant without a Court Possession Order and use of the Court Bailiffs.
These rules apply for assured and assured shorthold tenancies. For any other type of residential tenancy agreement you should consult your own legal advisor.