Notice Under Section 8 Housing Act 1988 Seeking to Remove Residential Tenant

Section 8 Landlord’s Notice Seeking Possession (England)

PROP.SP.03

This Section 8 Landlord’s Notice Seeking Possession (England) gives a tenant formal notice that the landlord wishes to terminate the tenancy and will, if necessary, take court proceedings to obtain possession of the property.

The notice is in the form prescribed by statute and incorporates the amendments made when new ground 7B was introduced in December 2016. It complies with Section 8 of the Housing Act 1988 and can be used in respect of an assured tenancy or an assured shorthold tenancy.

If the tenancy is an assured shorthold tenancy which is nearing or has gone beyond the end of its fixed term, the landlord can use the “accelerated” repossession procedure under Section 21 of the Housing Act 1988. Refer instead to the Section 21(1)(b) Letter Terminating a Fixed Term Tenancy or the Section 21(4)(a) Letter Terminating a Periodic Tenancy and the Section 21 Notice.

If the “accelerated” procedure is not available, the landlord must serve this notice as the first step along the road to recovering possession. Landlords cannot evict tenants without a court order. An application for a court order cannot be made unless the landlord has first served a Section 8 Notice on the tenant (although the court can dispense with this requirement in certain cases).

The law and procedure in this area are complex and reference should be made to the Guidance on Section 8 and Section 21 Notices before this template is used.

This template is duplicated in the Terminating Tenancies subfolder.

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