Section 8 Notice To Quit – Gaining Your Property

A section 8 notice to quit is also known as a section 8 possession notice. This notice is different than a section 21 notice as it is used when the landlord wants to obtain his or her property before the fixed term as ended. While a section 21 notice only allows for possession to occur after the end of the fixed tenancy term.

However a section 8 notice can only be used if for some reason the rental agreement has been breached. The landlord will need to detail what the reason is for sending the section 8 notice. One of the most common reasons is that the tenant is not paying rent. If for some reason you want to evict the tenant then you will need to get a possession order from the court first.

Normally one or some of the terms of the tenancy agreement has been breached and you will need to have a detailed section of the tenancy agreement as well as proof of the breach of the agreement. The most common reason noted on the agreement is overdue rent though a landlord cannot actually evict a tenant until a possession order is obtained from the court.

There are seventeen grounds in which a landlord can state as reasons to gain their property and all are different. If the ground is based on rent then the tenant must have eight weeks of rent due if rent is paid every two weeks, if rent is quarterly then one quarter must be overdue, and if two months’ rent are overdue when the rent is paid monthly.

Besides not paying rent some of the other grounds for filing a section 8 notice include providing false information on your tenancy agreement in order to get the property, if the tenant is a nuisance to neighbors or others in the area, if the property or furniture has deteriorated due to the tenant or if any of the terms in the tenancy agreement have been breached.

If you are using a section 8 notice then it is advised that you state as many of the applicable grounds as possible. Many of the grounds can be difficult to substantiate and only certain grounds are considered by the court. You do not want to have to refile a section 8 notice all over again.

A Section 8 Notice To Quit is also known as a section 8 possession notice. Section 8 Notice is different than a section 21 notice as it is used when the landlord wants to obtain his or her property before the fixed term as ended.

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