Section 8 Notice Seeking Possession (England)

This Section 8 Notice Seeking Possession (England) is the form prescribed under Section 8 of the Housing Act 1988 which notifies a tenant the a landlord intends to take court proceedings to terminate the tenancy.  The Notice tells the tenant the grounds on which the landlord wishes to terminate the tenancy.  The Notice can be used in respect of an assured tenancy or an assured shorthold tenancy.

This document is in Word format and the up-to-date version of it can be found on the Government website: https://www.gov.uk/guidance/assured-tenancy-forms#form-3.

Once you have opened the template form on the Government website, you should save a copy and then complete that copy.

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 Notice. (Form 6A England). 

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 Notices before this template is used.

Section 8 Notice Seeking Possession (England) is part of Property Documents. Just £35.00 + VAT provides unlimited downloads from Property Documents for 1 year.