Are you serving a Section 8 (Form 3) notice? Follow this guidance to stay on the right side of the law.
What is a Section 8 (Form 3) notice?
This form should only be used by landlords where possession of accommodation, let under an assured tenancy, an assured agricultural occupancy, or an assured shorthold tenancy, is sought on one of the grounds in Schedule 2 to the Housing Act 1988.
When can possession proceedings begin after the notice has been served?
The earliest date on which possession proceedings can begin will depend on the ground(s) on which possession is sought and is given in section 5 of the notice.
Please note, the temporary measures relating to notices seeking possession as amended by the Coronavirus Act 2020 were withdrawn from 01 October 2021.
What are the grounds for possession?
Grounds for possession are separated into two categories: mandatory grounds, in which the judge must award possession, and discretionary grounds, in which the judge may award possession. These are listed below:
Mandatory grounds:
Discretionary grounds:
Section 8 (Form 3) checklist
- Is the form the most up to date version?
- Have you provided evidence?
- Have you listed the correct grounds for possession?
- Have you reverted back to the contract to identify the breach?
- Has the tenant and guarantor (where applicable) been notified in writing?
- Can the tenant remedy the breach?
- Can the dispute be mediated?
- If all else fails, are you in a position to secure a court order for possession and eviction?
Get advice today
For help and advice with related matters, please get in touch with our Branch Manager, Emma Wallington, at emma@brookings.co.uk.
