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Grounds and minimum notice periods for Section 8 Notices

28th October 2022

In most cases, a landlord wishing to recover possession of their property let on an Assured Shorthold Tenancy would look to utilise the ‘no fault’ process set out in Section 21 of the Housing Act 1988 (“the Act”). However, where that is not available, either because the tenancy is still within the fixed term and there is no break provision, or the landlord is not able to use the Section 21 process for some other reason, the landlord can look to the grounds for possession prescribed under Schedule 2 to the Housing Act 1988 (“the Act”), which also applies to Assured Tenancies (that cannot be terminated by Section 21).

In this week’s Legal Update, we provide a summary of the grounds for possession under Schedule 2 of the Act along with the minimum notice periods the landlord must allow the tenant before proceedings for possession will be commenced, following service of a notice seeking possession pursuant to Section 8 of the Act.

This is a summary only and the full wording of the grounds (which must be set out in any Section 8 Notice served) including any additional conditions for the grounds to apply, not covered in the table below, can be found under Schedule 2 of the Act here. See also here direction on why the full grounds must be listed in the notice.

GROUNDS FOR POSSESSION

NOTICE PERIOD

Mandatory Grounds

Under these grounds, the Court must order possession if satisfied that the ground is made out.

1: The landlord lived in property prior to the tenancy and now wants to move back in to the property *

2 months

(or, if later, the earliest date the tenancy could have been brought to an end by a notice to quit)

2: Mortgagee repossession *

2 months

(or, if later, the earliest date the tenancy could have been brought to an end by a notice to quit)

3: Out of season holiday let *

2 weeks

4: Let to students by an educational institution *

2 weeks

5: Property required for use by minister of religion *

2 months

(or, if later, the earliest date the tenancy could have been brought to an end by a notice to quit)

6: Demolition/redevelopment

2 months

(or, if later, the earliest date the tenancy could have been brought to an end by a notice to quit)

7: Death of tenant

2 months

(or, if later, the earliest date the tenancy could have been brought to an end by a notice to quit)

7A: Serious anti-social behaviour

Condition 1 - conviction for serious offence

Condition 2 - the making of an injunction under the Anti-Social Behaviour, Crime and Policing Act 2014

Condition 3 - breach of criminal behaviour order

Condition 4 - property made subject to closure order

Condition 5 - breach of abatement notice or court order to abate statutory nuisance

1 month (fixed term)

(or, periodic, the earliest date the tenancy could have been brought to an end by a notice to quit)

7B: No right to rent in the UK

2 weeks

8: Serious rent arrears at the time of service of the notice and at the date of the possession hearing

(a) if rent payable weekly or fortnightly, 8 weeks must be unpaid

(b) if rent payable monthly, at least 2 months must be unpaid

(d) if rent payable yearly, at least 3 months must be unpaid.

2 weeks

Discretionary Grounds

Under these grounds, the Court may order possession if satisfied the ground is made out and it considers it reasonable to make an order for possession

9: Alternative accommodation available

2 months

(or, if later, the earliest date the tenancy could have been brought to an end by a notice to quit)

10: Some rent arrears at the time of service of the notice and at the date of the possession hearing

2 weeks

11: Persistent delay in paying rent

2 weeks

12: Breach of Tenancy Agreement (other than non-payment of rent)

2 weeks

13: Tenant has deteriorated the condition of the property

2 weeks

14: Causing nuisance or annoyance, illegal/immoral use of property

None - proceedings may be commenced immediately after service of notice

14ZA: Conviction of an indictable offence during a riot

2 weeks

14A: Domestic Abuse

2 weeks

15: Tenant has deteriorated the condition of furniture provided by the landlord

2 weeks

16: The property was let to the tenant in consequence of their employment by the landlord or previous landlord and that employment has come to an end

2 months

(or, if later, the earliest date the tenancy could have been brought to an end by a notice to quit)

17: The landlord was induced to grant the tenancy by a false statement made by the tenant (or person acting at the tenant’s instigation)

2 weeks

* These grounds require prior notice to be given to the tenant before the tenancy was entered into, that the grounds for possession might be relied upon.

See here and here guidance based upon decided cases on who can and how the section 8 Notice must be signed prior to being served upon the tenant.

Should a tenant fail to vacate following expiry of a Section 8 notice, the landlord is entitled to bring proceedings in the County Court should they wish to proceed with a claim for possession of the property. Given the long delays with possession claims being processed by the Courts, it is imperative that a Section 8 notice is correctly served with the correct notice period to avoid delays (and wasted costs) in the landlord recovering possession of their property.

If you have any questions at all regarding this week’s Legal Update, please contact a member of the team on 01435 897297 or info@kdllaw.com.

Disclaimer

This legal update is provided free of charge for information purposes only; it does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of KDL Law or by KDL Law as a whole.

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By Gemmalucy Smith