Notice Seeking Possession under Section 8 of the Housing Act 1988

Section 8 Notice Seeking Possession (England)

PROP.RES.33

This Section 8 Notice Seeking Possession (England) is a type of eviction notice. It 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 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 Standard Possession Proceedings subfolder. 

This Section 8 Notice Seeking Possession (England) is in fixed field format. Simply press TAB to jump from one field to the next and SHIFT + TAB to go back. Alternatively, use the mouse to click from one field to the next.

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