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Section 8 Notices – Grounds of Possession

Serving a Section 8 notice is one of the most common strategies among landlords looking to evict tenants or regain their homes’ possession. According to the Housing Act 1988, a landlord can serve their tenants with a section 8 notice if they wish to gain their property’s possession under an Assured Shorthold Tenancy.

an apartment building

Despite how simple it looks, a Section 8 notice doesn’t instantly give landlords possession of their property. Even during a fixed-term tenancy, landlords must meet at least one or two of the seventeen grounds of possession listed in the Housing Act.

With your residential eviction experts in the UK by your side, you’ll be better equipped to know when and how to serve a Section 8 notice to your tenants. Here are four common grounds of property possession you should know about.

The Landlord Wishes to Occupy Their Property for Personal Residence

Landlords are legally entitled to use this ground to serve a Section 8 notice when they plan on moving into their rental property to live themselves. This usually happens when they no longer wish to earn a rental income and want to turn their rental property into a permanent home for themselves and their family.

However, this ground only applies to landlords if they’ve previously used a rental property for personal residence at some point. Landlords can only benefit from it if they need a property for themselves and their spouse to live in.

The Landlord Wants to Refurbish the Property

Another ground for serving a Section 8 notice to tenants is when you want to invest in the redevelopment or renovation of your rental property. As the rightful property owner, you’re entitled to make changes to your property as per your wishes. Property possession by tenants may get in the way of you executing your refurbishment plans.

Therefore, it’s essential to serve the Section 8 notice to them and provide them with a notice period of at least two months to move out of the property. The landlord is also required to cover the relocation costs of the tenant when using this ground.

The Tenant Has Passed Away

If a tenant unexpectedly passes away, the landlord must work with residential eviction specialists to send a Section 8 notice to the individual who has inherited the late tenant. These cases can often become complicated when you’re trying to repossess a property after a tenant’s death.

You can have to attend possession hearings at your county court within a year of their death. It’s crucial to be aware of their demise before sending a Section 8 notice based on this reason.

houses on a street

Feel free to get in touch with our residential eviction experts in the UK at Landlord Assist And Agent Assist when trying to send a Section 8 notice to your tenants. We’re a leading tenant eviction company with rent arrears solicitors to help you navigate through the tenant eviction process. Contact us to learn more today!

Consult our Landlord and Tenant team to find out how we can help you.