What is a Section 8?

Landlords might use a Section 8 notice to initiate the eviction process and regain possession of their property from a tenant.

This notice can be issued regardless of whether the fixed term of the tenancy agreement has expired, but specific conditions must be met, and the landlord must provide a clear and substantiated reason for the eviction.

Section 8 evictions distinguish themselves from Section 21 'no-fault' evictions, which do not necessitate a reason for repossession.

The forthcoming Renters' (Reform) Bill aims to eliminate these no-fault evictions, making Section 8 the sole option available to landlords seeking to evict tenants.

Currently, Section 8 notices are commonly served when tenants have rent arrears (in various circumstances) or have exhibited disruptive behaviour at the property. The complete list of current grounds for eviction is provided below.

What are the grounds for a Section 8 notice?

Under the current law, Section 8 evictions are categorised into two types of grounds: mandatory grounds and discretionary grounds. The Housing Act 1988, Schedule 2 outlines these grounds, providing a total of 17 options that a landlord can utilize to support their case.

The most frequently relied upon grounds by landlords include rent arrears exceeding a period of 2 months until the possession hearing (mandatory), any amount of rent arrears (discretionary), persistent rent arrears (discretionary), and instances of anti-social behaviour (discretionary).

The full list of current Grounds are:

Mandatory Grounds

• Ground 1: The Landlord requires possession as he used to occupy the property as his main home, or he now wishes to occupy the property as his main home.
• Ground 2: The property is subject to a mortgage and the mortgagee is now entitled to exercise a power of sale.
• Ground 3: The tenancy is a fixed term of not more than 8 months and the property was previously a holiday let.
• Ground 4: The tenancy is a fixed term of not more than 12 months and the property is student accommodation let out of term.
• Ground 5: The property is that of a minister of religion.
• Ground 6: The property requires redevelopment.
• Ground 7: The tenant has died.
• Ground 8: The tenant is in rental arrears.

Discretionary grounds

• Ground 9: Suitable alternative accommodation is available for the tenant upon possession.
• Ground 10: The tenant is in arrears of rent.
• Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears.
• Ground 12: Any obligation of the tenancy has been broken, other than payment of rent.
• Ground 13: Due to the tenant’s conduct, the property has deteriorated.
• Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. The tenant is convicted in engaging in illegal or using the property for immoral purposes.
• Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment.
• Ground 16: The tenant occupies the property due to his former employment by the landlord.
• Ground 17: The Landlord granted the tenancy as a result of a statement made by the tenant which is later found to be false.

How does the Renters’ (Reform) Bill affect Section 8 evictions?

The Renters' (Reform) Bill brings significant changes to Section 8 evictions, aiming to enhance the landlord's ability to address intentional rent arrears and introduce stronger grounds for repeat offenders. These changes are intended to promote a fairer private rented market.

One notable amendment is the inclusion of a new mandatory ground, specifically addressing repeated and severe rent arrears. This ground considers instances where a tenant has accumulated at least two months' rent arrears on three separate occasions within the past three years, regardless of the current arrears balance at the hearing.

Furthermore, an additional ground will be introduced, allowing landlords to regain possession of their property if they intend to sell it or if they need the property for themselves or their family members, as mentioned previously.

How long does a Section 8 eviction take?

Time frames will vary case by case, in addition to the Court capacity but you should expect possession in 2 to 3 months if possession proceedings are undefended.

Can I still evict my tenant under Section 21?

Although the Renters' (Reform) Bill has not yet been passed into law and fully enforced, landlords can currently proceed with evicting tenants under Section 21 of the Housing Act 1988, as long as the appropriate 2-month notice period is given.

It's important to note that in certain cases where tenants have already raised concerns about disrepair and dilapidations, landlords might be prevented by law from issuing a valid Section 21 notice. Therefore, seeking legal advice before serving an eviction notice is advisable.

Once the Renters' (Reform) Bill is enacted, Section 21 evictions will be abolished, and landlords will be legally barred from utilizing this eviction process.