Notice Seeking Possession under Section 8 of the Housing Act 1988

Section 8 Notice Seeking Possession (England)

PROP.RES.33

The PROP.RES.33 - Section 8 Notice Seeking Possession (England) is the form prescribed under Section 8 of the Housing Act 1988 which advises the Tenant that the 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.

For properties in Wales please see the Section 8 Notice (Wales).

This document is in Word format and the up to date version of it can be found on the government website by clicking on this link to the relevant page 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 to a location of your choice and then you can 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(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.

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