What are the legal grounds for issuing a Section 8 Notice to evict a tenant?
A Section 8 notice is a formal notice that can be issued by a landlord to a tenant in England, informing them that they have breached the terms of their tenancy agreement.
There are mandatory grounds for issuing a Section 8 notice, which include:
- Ground 1: landlord taking property as their own home
- Ground 2: mortgage repossession
- Ground 3: holiday let
- Ground 4: property tied to an educational institution
- Ground 5: housing for a minister of religion
- Ground 6: refurbishment
- Ground 7: death of the tenant
- Ground 7A: conviction for serious offence
- Ground 7B: service on landlord of notice by Secretary of State in respect of illegal immigrants
- Ground 8: rent arrears
If any of these grounds exist, then the landlord can issue a Section 8 notice and begin eviction proceedings against the tenant. It is important to note that a Section 8 notice can only be issued if there is a valid reason for doing so - if the landlord simply wants the tenant to leave without cause, then they must follow the proper procedures for issuing a Notice to Quit.
There are also 'discretionary' grounds for issuing a sectiuon 8 notice, and these grounds include:
There are a number of discretionary grounds for issuing a Section 8 notice in England. These include:
- Ground 8: The tenant has not paid rent
- Ground 10: The tenant has caused nuisance or annoyance to other occupants or neighbours
- Ground 11: The tenant has used the property for illegal or immoral purposes
- Ground 12: The tenant has been convicted of a serious criminal offence committed in the property or surrounding area
- Ground 13: The tenant has breached the terms of their tenancy agreement
- Ground 14: The property is in disrepair and the tenant has failed to carry out repairs
- Ground 15: The tenant has left the property unoccupied for a period of time
- Ground 17: The landlord intends to sell the property or carry out major repairs/refurbishment works.
These are just some of the discretionary grounds for issuing a Section 8 notice in England. For more information, you should speak to a solicitor or housing advisor.