Section 8 Notice

Section 8

The Section 8 notice is generally used for landlords seeking possession of their rental property on the grounds of rent arrears. It has some other uses but these are infequent, so we won't discuss them

A Section 8 notice based eviction will see the tenants with a CCJ against their name and a money award in your favour for rent outstanding.

A Section 8 is a only a mandatory eviction if 2 months' rent (or 8 weeks' for a weekly tenancy) is unpaid at the time of serving the notice AND at the time of the court hearing. If it isn't then there's a chance that a judge may NOT award you possession, especially if the tenant puts in a good performance in court!

A Section 8 notice requires either the landlord or the landlord's solicitor to be present at the court hearing.

Due to the non mandatory nature if there is less than 2 months' rent unpaid (and the inconvenience of having to appear at court in person if they don't live near the court) many landlords decide to use a Section 21 notice instead. This guarantees a mandatory possession order (providing it is completed correcty) but no money award will be made, which is why it's not really suitable for arrears cases. It also takes 2 full rent months to expire rather than 2 weeks from the date of service like the Section 8.

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Section 8 | section 21 notices

Cost for section 21 and section 8 notices

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