Welcome to Francis Wilks & Jones, the country's leading firm of section 8 notice lawyers.

With decades of experience and located in the heart of London, our team can help you through the section 8 process. We are experts at all section 8 issues and can guide you quickly and safely through this process avoiding the pitfalls.

Section 8 Notice

1. Section 8 Notices - information

A Section 8 Notice Seeking Possession under the Housing Act 1988 is a formal notice that landlords will use in order to terminate an assured shorthold tenancy during the fixed term. Landlords using a Section 8 Notice form need to ensure that they cite the relevant grounds for possession. These grounds for possession are found in Schedule 2 of the Housing Act 1988.
Read more

2. Section 8 Notice seeking possession - Mandatory Ground 1

There are eight mandatory grounds for possession listed in Schedule 2 of the Housing Act 1988. The first mandatory ground of the Section 8 notice Housing Act relates to Owner occupation. At Francis Wilks & Jones, we can assist Landlords with this Section 8 notice ground for possession and advise you fully of the section 8 notice grounds needed to evict your tenant.
Read more
Back to the top of page

3. Section 8 Notice seeking possession - Mandatory Ground 2

There are 8 mandatory grounds for possession listed in Schedule 2 of the Housing Act 1988. The second mandatory ground of the Section 8 notice procedure relates to repossession by a lender. At Francis Wilks & Jones, we can assist Landlords with Section 8 notice eviction and advise you fully of the section 8 notice grounds needed to evict your tenant.
Read more
Back to the top of page

4. Section 8 Notice seeking possession - Mandatory Ground 3

There are 8 mandatory grounds for possession listed in Schedule 2 of the Housing Act 1988. The third mandatory ground of the Section 8 notice procedure relates to properties that have been let as holiday lets. At Francis Wilks & Jones, we assist Landlords Section 8 notice eviction and can advise you fully of the section 8 notice requirements needed to evict your tenant.
Read more
Back to the top of page

5. Section 8 Notice seeking possession - Mandatory Ground 4

There are 8 mandatory grounds for possession listed in Schedule 2 of the Housing Act 1988. The fourth mandatory ground of the Section 8 notice Housing Act relates to properties that have been let for less than 12 months as student accommodation. At Francis Wilks & Jones, we regularly assist Landlords with Section 8 notice evictions and can advise fully on all section 8 notice requirements needed to evict your tenant.
Read more
Back to the top of page

6. Section 8 Notice seeking possession - Mandatory Ground 5

There are 8 mandatory grounds for possession listed in Schedule 2 of the Housing Act 1988. The fifth mandatory ground of the Section 8 notice Housing Act relates to properties owned by religious bodies. At Francis Wilks & Jones, we often assist Landlords with this Section 8 grounds for eviction and advise fully of the section 8 notice requirements needed to evict a tenant.
Read more
Back to the top of page

7. Section 8 Notice seeking possession - Mandatory Ground 6

There are 8 mandatory grounds for possession listed in Schedule 2 of the Housing Act 1988. The sixth mandatory ground of the Section 8 notice procedure relates to Owner occupation. At Francis Wilks & Jones, we can assist Landlords with this Section 8 notice procedure and advise you fully of the section 8 notice requirements needed to evict your tenant.
Read more
Back to the top of page

8. Section 8 Notice seeking possession - Mandatory Ground 7

There are 11 discretionary grounds for possession listed in Schedule 2 of the Housing Act 1988. Discretionary ground 9 of the Section 8 notice procedure relates to suitable alternative accommodation. At Francis Wilks & Jones, we can assist Landlords with this Section 8 notice procedure and advise you fully of the section 8 notice requirements needed to evict your tenant.
Read more
Back to the top of page

9. Section 8 Notice seeking possession - Mandatory Ground 8

There are 8 mandatory grounds for possession listed in Schedule 2 of the Housing Act 1988. The eighth mandatory ground of the Section 8 notice procedure relates to rent arrears and is the most commonly used mandatory ground for possession for section 8 notice eviction by landlords. At Francis Wilks & Jones, we are the leading Section 8 Notice experts and regularly assist Landlords with this Section 8 notice procedure.
Read more
Back to the top of page

10. Section 8 Notice Seeking Possession - Discretionary Ground 9

There are 11 discretionary grounds for possession listed in Schedule 2 of the Housing Act 1988. Discretionary ground 9 of the Section 8 notice procedure relates to suitable alternative accommodation. At Francis Wilks & Jones, we can assist Landlords with this Section 8 notice procedure and advise you fully of the section 8 notice requirements needed to evict your tenant.
Read more
Back to the top of page

11. Section 8 Notice Seeking Possession – Discretionary Ground 10

Discretionary Ground 10 of Schedule 2 of the Housing Act 1988 relates to rent arrears, however, unlike, the mandatory ground 8 provision where a specified amount of rent must be outstanding at the time of serving the Section 8 Notice Seeking Possession, this purely discretionary grounds provide that simply some rent must be outstanding at the relevant time.
Read more
Back to the top of page

12. Section 8 Notice Seeking Possession – Discretionary Ground 11

Discretionary Ground 11 of Schedule 2 of the Housing Act 1988 relates to tenants being persistently late in paying rent – irrespective if the tenant is in rent arrears at the time the landlord issues proceedings.
Read more
Back to the top of page

13. Discretionary Grounds for Possession – an overview

In addition to the mandatory grounds for possession available to landlords looking to serve a Section 8 Notice Seeking Possession – Schedule 2 of the Housing Act 1988 also contains several discretionary grounds for possession. There are currently eleven discretionary grounds for possession that can be relied on by landlords when serving a Section 8 Notice Seeking Possession, however, unlike the mandatory grounds for possession, even where the discretionary ground can be established it must also be reasonable for the Court to grant to possession.
Read more
Back to the top of page

14. Section 8 Notice Seeking Possession – Discretionary Ground 12

Discretionary Ground 12 of Schedule 2 of the Housing Act 1988 relates to tenants being in breach of an obligation of the tenancy exclusive of rent and landlords can rely on this ground when serving a Section 8 Notice Seeking Possession.
Read more
Back to the top of page

15. Section 8 Notice Seeking Possession – Discretionary Ground 13

Discretionary Ground 13 of Schedule 2 of the Housing Act 1988 relates to deterioration of the property or common parts and landlords can rely is ground when serving a Section 8 Notice Seeking Possession if they have sufficient evidence that the property has deteriorated.
Read more
Back to the top of page

16. Section 8 Notice Seeking Possession – Discretionary Ground 14

Discretionary Ground 14 of Schedule 2 of the Housing Act 1988 relates to situations involving nuisance, annoyance illegal or immoral use of the property by the tenant or anyone visiting the property and provides a ground for possession which landlords can use to recover possession of properties when serving a Section 8 Notice Seeking Possession.
Read more
Back to the top of page

17. Section 8 Notice Seeking Possession – Discretionary Ground 14ZA

Discretionary Ground 14ZA of Schedule 2 of the Housing Act 1988 is a relatively new discretionary ground for possession which landlords can cite when serving a Section 8 Notice Seeking Possession. This ground for possession applies when the tenant or any other adult in the property has been found guilty of an offence during a riot.
Read more
Back to the top of page

18. Section 8 Notice Seeking Possession – Discretionary Ground 15

Discretionary Ground 15 of Schedule 2 of the Housing Act 1988 is a discretionary ground for possession which landlords can cite when serving a Section 8 Notice Seeking Possession. This ground for possession applies when the tenant or any person residing in the property has caused the furniture to deteriorate.
Read more
Back to the top of page

19. Section 8 Notice Seeking Possession – Discretionary Ground 16

Discretionary Ground 16 of Schedule 2 of the Housing Act 1988 is a discretionary ground for possession which landlords can cite when serving a Section 8 Notice Seeking Possession. This ground for possession applies when the tenant is the employee of the landlord.
Read more
Back to the top of page

20. Section 8 Notice Seeking Possession – Discretionary Ground 17

Discretionary Ground 17 of Schedule 2 of the Housing Act 1988 is a discretionary ground for possession which landlords can cite when serving a Section 8 Notice Seeking Possession. This ground for possession applies where the landlord has been induced to grant the tenancy by a false statement.
Read more
Back to the top of page

21. How to get a Section 8 Notice

At Francis Wilks & Jones we assist several Section 8 Notice landlords completing and serving a Section 8 Notice form in order to recover possession of a property let under the terms of an assured shorthold tenancy.
Read more
Back to the top of page

22. How much notice to give under Section 8

How much notice to give under a Section 8 Notice depends entirely on what grounds for possession under Section 8 of the Housing Act 1988 the landlord is seeking to rely on in order to secure possession of the property.
Read more
Back to the top of page

23. Can I serve a Section 21 Notice?

Rule changes which came into force as of 1 October 2015 have meant that there are now a number of further hurdles that a landlord needs to overcome before they can serve a valid Section 21 Notice.

It is therefore important for landlords to be aware of the rules, so that they can ensure that the eviction process is as smooth and quick as possible.

A court will not grant a possession order if a valid Section 21 Notice has not been served and in these cases, landlords would have to start the whole process again, which could be expensive, especially where tenants are refusing to leave and not paying any rent in the meantime.
Read more
Back to the top of page

24. When can I serve a Section 21 Notice?

Rule changes which came into force as of 1 October 2015 have meant that landlords can no longer serve a section 21 notice at the outset of the tenancy.

To ensure they were compliant, landlords often used to serve a notice at the start of a tenancy, to then ensure that they did not have to wait a further two months at the end of the tenancy agreement before they could commence proceedings.

The position has now changed.
Read more
Back to the top of page