How To Evict Your Current Tenants with a Section 8 Notice
If you want to evict a tenant under English law, there needs to be a clear reason.Section 8 notice can be used to evict a tenant on seventeen different grounds under the Housing Act 1988, which is used in England and Wales.Section 8 allows you to end a short hold tenancy agreement, or a rental agreement between a landlord and tenant, after giving a required notice period of two weeks to two months, if one or more of these grounds are accepted by the Court.
Step 1: Your tenant may have violated the agreement.
A Section 8 notice can be used to evict a tenant at any time, but you need to prove how the agreement has been violated in order to use it.Depending on the situation, you might want to:
Step 2:
Take photographs and record descriptions of any damages to the property and keep copies of all communication between the landlord and tenant.
Step 3: Determine if the tenant has broken the agreement.
There are seventeen possible grounds for considering eviction.If you can prove the violation, the court must grant the possession order.You should include all of the grounds that your tenant has violated the agreement.Ground 1 states that the property is needed as the landlord's principal home.This ground requires that you give the tenant written notice before the start of the tenancy.Ground 2 states that a property is subject to a mortgage that came into effect before the current tenant moved in, and that the mortgagees are repossessing the property.In cases where a dwelling was available as a holiday home within twelve months before the beginning of the tenancy, and the term is no longer than eight months, Ground 3 can be used.In cases where a property is owned by an educational institution, Ground 4 is used and the tenant was given written notice before the tenancy began that it might be necessary to take the property back.In cases in which the dwelling is needed by a minister for the purposes of his or her office, Ground 5 is used, and the tenant was given written notice before the tenancy began that it might be required.In cases where the dwelling is needed for a social landlord or charitable trust, and major reconstruction or demolition work is necessary, Ground 6 is used.When a tenant does not have the right to do so, Ground 7 is used.The notice must be given within twelve months of the previous tenant's death or the landlord becoming aware of that death.Ground 8 is not paying rent.If rent is not paid in a timely manner, it is actionable.
Step 4: Determine if the tenant has violated the agreement.
The court can consider whether or not to grant the possession order.If your tenant has violated the tenancy agreement on multiple grounds, you should include all of them, as this will make your case more convincing.Ground 9 states that the landlord will be responsible for reasonable moving costs if the tenant is provided with a suitable alternative property.Rent is due to the landlord at the time the possession proceedings begin, and was due when the notice was served, according to Ground 10.Ground 11 states that your tenant has repeatedly failed to pay rent on time, whether or not any is due at the time the notice is served.The tenant has violated other terms of the agreement.There could be prohibitions on how the property can be used.If the tenant has damaged the property, Ground 13 is used.In cases where the tenant is engaged in activities that are a nuisance to neighbors, or has been convicted of using the property for illegal and immoral purposes, Ground 14 considers eviction.In cases where the tenant has damaged furniture that is part of the property, Ground 15 is used.Ground 16 can be used in cases where the tenant was an employee of the landlord but no longer works for them.In cases where the tenant gave false information to the landlord, ground 17 is used.
Step 5: Determine how long of notice you will give your tenant.
Depending on the specific violation of the lease agreement, the amount of time a tenant has to leave the premises varies from two weeks to two months.You must give at least two months notice for the grounds.You must give at least two weeks' notice for Grounds 3, 4, 8, 10, 11, 12, 13, 15 and 17A Section 8 notice can be used to let your tenant know that you intend to apply for a possession order at the end of the required notice period.During the notice period stated by the lease, your tenant can decide to leave the property.You can apply for a possession order if the tenant does not.
Step 6: Contact a lawyer.
A successful Section 8 notice requires you to be precise.Discuss the case with a lawyer if you need legal help.He or she can help you complete the Section 8 notice.
Step 7: You need to complete the Section 8 notice form.
Section 8 notices must have specific information on the set form.The court may reject the document and request if you don't complete the form correctly.The form is available online from the court websites.It can be bought from law stationers.The tenant's name, address, grounds of the eviction, and a statement explaining the violation will be required.The text of the grounds as printed in Section 8 must be reproduced on the notice form.You need to sign the Section 8 notice form and give your contact details.If your tenant is occupying the property under a shorthold agreement with no fixed term after six months, you should order the eviction with a Section 21 notice.Section 21 notices must be given in writing.
Step 8: The Section 8 notice needs to be given to the tenant.
Notices should be given by first class post and also by personal delivery.A witness to the delivery can testify that the tenant received the notice personally.
Step 9: If you can, allow your tenant to correct the violation.
In some cases, your tenant can take action to correct the violation.If you give your tenant a Section 8 notice based on Ground 10 and they pay their rent within two weeks, the notice will no longer apply and you won't have to evict them.It may be difficult to correct violations if your tenant is facing eviction.
Step 10: If necessary, apply for a possession court order.
You can apply for a court order to evict your tenant if they haven't left by the required date.A standard possession order can be filed if your tenant does not leave by the required date, or if you are also claiming rent that is not paid.Paper copies of possession claims can be submitted to County Court.The court possession order fees can be submitted online or in a paper copy.If your tenant will not leave after receiving a court possession order, you can file a warrant for their removal from your property.It is a criminal offense to try to evict a tenant.Changing the locks on the property is part of this.