A notice that is used when the tenant has breached one or more of the terms of the tenancy, more often used for non-payment of rent, unlike the section 21 notice, which, for now, has “allowed” the Landlord to take their property back because they want or need too with the section 8 the landlord will have to clearly state the reason ( known as a ground) as set out in the Housing Act 1988.

These are the rules: (still thinking about doing it yourself?)

Eight mandatory grounds (possession is automatic if proven)

Nine discretionary grounds (allow the judge to consider your claim)

You can use multiple discretionary grounds and may combine them with mandatory grounds to strengthen your chances of winning.

The most common grounds used are rent arrears, property damage, and anti-social behaviour.

Now, your mission is to find evidence to support your claim, or give me a call so that, before I serve notice, the paperwork is in order. 

Rent arrears (should be easy). Rent statements showing missed payments and the amount outstanding. Let's select Ground 8 (mandatory). The tenant must be in arrears for three months. But if the tenant reduces the arrears below the threshold BEFORE the hearing, you lose. To strengthen the claim, add a couple of discretionary grounds: Ground 10, which covers rent arrears that don’t have to be over three months, and Ground 11, which applies if the tenant regularly pays rent late, even if they don’t currently owe arrears. That should improve your chances. But do you have enough evidence to show you have done everything you can to support the tenant?  Do you know if the tenant is claiming Universal Credit? If not, why not?  Before the tenancy started, did you get the tenant to sign consent to discuss any claims with local Authorities? If not, why not? Have you inspected the property? Can you confirm with certainty that there are no outstanding repairs? Serving a section 8 notice before you have exhausted all avenues risks not being granted a possession order and having to start all over again!    

Property damage – Photos or inspection reports showing the extent of the damage. This one could be tricky, as tenants who have wrecked your property don’t often let anyone in, let alone allow them to take pictures. .      

Anti-social behaviour – Complaints, police reports, witness statements. Good luck with this one. Is a neighbour who has been abused going to provide a statement when the tenants are still living next door? You'll need more than one police crime report. Let's hope the law arrives in time to catch your anti-social tenant in the act!   

Selling or family moving in - this one is the least complicated - but it is a 4 month notice and needs to be done correctly - is it worth the risk of getting it wrong?