SERVING A SECTION 8 NOTICE

If your tenant has breached a condition of his/her tenancy, a landlord can serve a S8 notice on the tenant.  A  S8 notice is a warning to the tenant to remedy any breach. The usual grounds that a Landlord relies upon is grounds 8, 10 and 11 as they are the grounds for rent arrears.  There are also mandatory and discretionary grounds.  A mandatory ground means that if made out (e.g. 2 months or more rent arrears is due at the time of service of the notice and at the time of the Court hearing), then the Court has little discretion but to order possession of the property within 14 days of the Court order.  Ground 10 is often relied upon but it is a discretionary ground, that means that if the Landlord can make out this ground (e.g. the tenant is in arrears, but it not over 2 months in arrears), the court does not have to order possession, the Court can stipulate how the tenant has to rectify the default (e.g. pay an amount per month on top of the usual rent paid), ground 11 is relied upon when a tenant is not in arrears, but it persistently late in paying.  This again is a discretionary ground.  At Newbold Solicitors we tend to plead all three grounds, so when we attend Court at least one of the grounds will apply.  Of course there are other grounds, for example, damaging the property, causing a nuisance etc.  If a Section 8 notice is served, before a Landlord can recover possession a Court order must be obtained.  it is important to get the wording of the notice and the notice period correct, any discrepancy will give the tenant a complete defence to remain in the property.  If you have a question, for example, what is a  hardship case and how can this be defended (a tenant can ask for further time to remain in occupation) then you may wish to use the £60.00 advice line.

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