In this blog we explain briefly the nature and scope of section 8 notices to vacate. These are one of the most common tools used by landlords to force tenants to vacate a property.
SECTION 8 NOTICES
‘Section 8’ notices are used to end tenancy agreements at any point before their formal end date. You msut be able to show to the court that the reason being used meets the criteria set out by the law.
There are many criteria avalaible which allow for a ‘Section 8’ notice to be validly served, and the most common are: rent arrears, frequent late payments, anti-social behaviour & repeated breaches of the tenancy agreement by the tenant.
The notice periods that must be given to a tenant vary dependant upon the criteria being used, with rent arrears requiring 2 weeks. The landlord can start the court process to evict them.
‘Section 8’ court proceedings start with a hearing, often about 4-6 weeks after the court papers are submitted. The majority of hearings would result in a possession order being made at that hearing, with the rest usually being listed for a second hearing once further evidence has been exchanged.
It can also take a further 4-6 weeks for bailiffs to forcibly remove a tenant if they fail to comply with a deadline to move out which is set by the court.