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A Landlord's Guide to Section 8 Notices: The 17 Grounds for Evicting Tenants During a Tenancy

Section 8 notices are an important tool for landlords in the UK to evict problematic tenants before a tenancy term ends. Section 8s allow eviction during a tenancy if one or more of 17 grounds can be proven. This comprehensive guide covers what Section 8s are, the different grounds for possession, associated notice periods, and how to serve Section 8 notices correctly.

What is a Section 8 Eviction Notice?

A Section 8 notice allows a landlord to terminate an assured shorthold tenancy agreement during the fixed term if the tenant breaches the tenancy or the landlord requires possession. Section 8's state the reason for eviction, unlike no-fault Section 21's. Valid grounds must be cited. Section 8's can be used for rent arrears, tenant damage, or antisocial behaviour before the end of the fixed term.

The 17 Legal Grounds for Eviction With a Section 8 Notice

UK landlords must establish one of 17 grounds for eviction when serving a Section 8 notice. The 17 grounds are divided into mandatory and discretionary categories. Mandatory grounds require a judge to evict the tenant if proven. Discretionary grounds allow the judge some discretion.

Mandatory Grounds Requiring Eviction Under a Section 8 Notice:

Ground 1 - Landlord Taking Property as Main Residence (2 months notice)

Ground 2 – Mortgage Lender Repossession of Property (2 months notice)

Ground 3 – Returning Holiday Let to Holiday Status (2 weeks notice)

Ground 4 – Student Property Needed by Educational Body (2 weeks notice)

Ground 5 – Religious Group Requires Possession (2 months notice)

Ground 6 – Landlord Reconstruction or Redevelopment (2 months notice)

Ground 7 – Tenant Heir Not Originally Named On The Tenancy Agreement (2 months notice)

Ground 8 – Tenant Rent Arrears Exceeding 8 Weeks (2 weeks notice)

Discretionary Grounds for Eviction Under a Section 8 Notice:

Ground 9 – Landlord Offers Suitable Alternative Accommodation (2 months notice)

Ground 10 – Rent Arrears Under 8 Weeks (2 months notice)

Ground 11 – Persistent Late Rent Payments (2 weeks notice)

Ground 12 – Tenant Breached Tenancy Terms (2 weeks notice)

Ground 13 – Tenant Damage or Neglect (2 months notice)

Ground 14 – Tenant Nuisance and Antisocial Behaviour (2 months notice)

Ground 15 – Tenant Misuse of Furnishings (2 months notice)

Ground 16 – Employment-Tied Tenancy Ended (2 weeks notice)

Ground 17 – Tenancy Granted Based on False Information Provided by Tenant (2 weeks notice)

Serving a Valid Section 8 Notice to Tenants

To successfully evict a tenant with a Section 8 notice during a tenancy term, landlords must:

  • Select at least one of the 17 grounds that applies

  • Use the correct form of notice

  • Specify the reason and  provide evidence for eviction

  • Provide required notice period based on cited grounds

  • Have proof of a service of the notice on the tenant

Get Legal Assistance Serving Section 8 Notices

As shown above, Section 8 eviction rules can be complex for landlords to navigate. Professional legal help ensures you properly serve and enforce Section 8 notices. Contact me on 07587 653098 or via my online form, for expert landlord-tenant law guidance and support evicting problem tenants.