How Does a Section 8 Eviction Work?

If you're a landlord in the Guildford, Bookham and Leatherhead areas, understanding the Section 8 eviction process is essential. Under the Housing Act 1988, Section 8 allows landlords to regain possession of their property when tenants breach specific terms of the tenancy agreement. With the upcoming Renters' Rights Bill, several changes are being introduced amending existing grounds and adding new ones to give landlords more flexibility.

The Future of Section 8

As Section 21 is set to be abolished, Section 8 will become the sole legal route for ending a tenancy. Landlords will need to rely entirely on statutory grounds for possession.

Grounds for Serving a Section 8 Notice

Grounds fall into two categories: mandatory (the court must grant possession) and discretionary (the court has the final say).

Common Mandatory Grounds:

• Ground 1: You or a family member intend to move in (cannot be used within first 12 months; 4 months’ notice required). Property cannot be marketed or re-let for 12 months after.

• Ground 1A: You intend to sell the property (same restrictions as Ground 1).

• Ground 5C: A former employee tenant must vacate the property for a new employee.

• Ground 6: Major redevelopment or repair work requires vacant possession.

• Ground 7A: Tenant convicted of criminal or anti-social behaviour.

• Ground 8: Tenant has at least 3 months' rent arrears (4 weeks’ notice required).

Common Discretionary Grounds:

• Ground 10: Some rent remains unpaid.

• Ground 11: Persistent delay in paying rent.

• Ground 12: Breach of tenancy terms.

• Ground 14: Anti-social behaviour or nuisance to neighbours.

• Ground 17: Tenancy obtained through false information.

A full list of grounds can be found in Schedule 2 of the Housing Act 1988. Landlords must stay informed of changes as the law evolves.

Notice Requirements and Form Updates

Currently, Section 8 requires a prescribed legal form. Under the new legislation, a revised version issued by the Secretary of State will be mandatory. Like the “How to Rent” guide, this can change at short notice.

Using an outdated notice could invalidate your eviction attempt. Always ensure you're using the most current version.

Court Process

If the tenant does not vacate by the notice date, you can apply to the court for a possession order. Hearings typically occur within 8 weeks. If rent arrears are involved, the court will schedule a hearing before a judge, and documents will be sent to the tenant.

If the court rules in your favour, tenants usually have 14 days to leave, although this may be extended up to 6 weeks for cases of hardship.

Practical Tips for Landlords

• Keep Records: Log all payments, communications, and incidents.

• Stay Compliant: Always use the latest Section 8 form and serve it correctly.

• Get Advice: Legal guidance can help navigate complex situations.

Staying informed and prepared is essential. Connect with local landlord associations and seek legal support tailored to your area.

If you're a landlord in the Guildford, Bookham, or Leatherhead area and are unsure how the Renters' Rights Bill affects you, we can help. At Pacey Wingent Dickson Property, we offer practical, expert advice to keep you compliant and confident.

Contact us today at 01372 456804 or info@pwdproperty.co.uk, or explore our latest blog posts for more guidance.