Section 8 Notice Solicitors in Southampton
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Property Dispute Solicitors for Section 8 Notices
Leonard Solicitors is committed to helping both Landlords and Tenants in a dispute over their tenancy agreement. We attempt to resolve the problem with Alternative Dispute Resolution methods, otherwise, we can represent either the Tenant or Landlord in court. Our Section 8 Notice Solicitors can help where a section 8 notice has been issued.
A Section 8 notice, or otherwise known as an eviction notice can be used by landlords in England and Wales to terminate an Assured Shorthold Tenancy (AST) agreement only when a tenant has breached the agreement or has fallen into rent arrears.
The Housing Act 1988 entitles landlords to take possession of a property and issue a Section 8 notice where tenants breach certain criteria. These typically happen under rent arrears, damage to property and being a nuisance to neighbours.
Landlords can only issue a Section 8 notice if there is a legal ground for eviction. Where rent arrears are the grounds for eviction, can only be used when the tenant is at least two months or more in arrears. Otherwise, a section 8 notice can be issued if:
- Terms of the tenancy agreement have been breached by the tenant
- The tenant or anyone living with the tenant has caused damage to the property through neglect, accidental or on purpose
- The tenant has used the property for illegal activities and has been convicted
- The tenant is a nuisance to neighbours
- The tenant provided false information when entering the tenancy agreement
- The house is under repossession by the mortgage lender (requires the landlord to have advised the tenant with any possibility of repossession before the tenancy begins)
A Section 8 notice can be given to a tenant for a period of 2 weeks to 2 months depending on the reason for eviction, at which time the tenant will be asked to leave.
FAQ’s
I am a Landlord; how do I serve a Section 8 notice?
You must follow the correct legal process by filing a Tenancy form 3: notice seeking possession of a property let on an AST. We can do this for you, but you must have previously allowed the tenant to know of the fact that they have breached the tenancy agreement. We will send reminders to the tenant from the 7th, 14th and 21st days of the breach.
When the notice is issued, we will inform the tenant that you wish to seek possession of the property with a final rent reminder statement. This way, you can begin the process of repossessing the property and make a claim for any rent arrears to be paid (if any).
Where assured tenancy agreements are used, the Section 8 notice will be given to the tenant directly.
I am a Tenant and have received a Section 8 notice, what do I do?
Landlords can only serve a Section 8 notice if they have breached the terms of the tenancy agreement. You can get a Section 8 Notice Solicitors to fight your corner, where the landlord will need to provide evidence that you breached the agreement in court.
It’s important to know that Section 8 notices can be rejected by the court if the Landlord failed to:
- Use the most up to date form
- Provide the full and proper address of the property on the form
- List every tenant in cases of joint tenancy agreements
- Provide details of the claim
- State the grounds exactly as they appear in the Housing Act
FAQ’s
I am a Landlord; how do I serve a Section 8 notice?
You must follow the correct legal process by filing a Tenancy form 3: notice seeking possession of a property let on an AST. We can do this for you, but you must have previously allowed the tenant to know of the fact that they have breached the tenancy agreement. We will send reminders to the tenant from the 7th, 14th and 21st days of the breach.
When the notice is issued, we will inform the tenant that you wish to seek possession of the property with a final rent reminder statement. This way, you can begin the process of repossessing the property and make a claim for any rent arrears to be paid (if any).
Where assured tenancy agreements are used, the Section 8 notice will be given to the tenant directly.
I am a Tenant and have received a Section 8 notice, what do I do?
Landlords can only serve a Section 8 notice if they have breached the terms of the tenancy agreement. You can get a Section 8 Notice Solicitors to fight your corner, where the landlord will need to provide evidence that you breached the agreement in court.
It’s important to know that Section 8 notices can be rejected by the court if the Landlord failed to:
- Use the most up to date form
- Provide the full and proper address of the property on the form
- List every tenant in cases of joint tenancy agreements
- Provide details of the claim
- State the grounds exactly as they appear in the Housing Act
