Section 8 Notice To Quit – Gaining Your Property

A section 8 notice to quit is also known as a section 8 possession notice. This notice is different than a section 21 notice as it is used when the landlord wants to obtain his or her property before the fixed term as ended. While a section 21 notice only allows for possession to occur after the end of the fixed tenancy term.

This section 8 notice can only be used if the tenant has breached the terms that are detailed in the tenancy agreement. Additional certain conditions must be met with the most common being that the tenant owes back rent. With the section 8 notice it is possible to evict the renter with a possession order is issued form the court.

Normally one or some of the terms of the tenancy agreement has been breached and you will need to have a detailed section of the tenancy agreement as well as proof of the breach of the agreement. The most common reason noted on the agreement is overdue rent though a landlord cannot actually evict a tenant until a possession order is obtained from the court.

There are seventeen grounds in which a landlord can state as reasons to gain their property and all are different. If the ground is based on rent then the tenant must have eight weeks of rent due if rent is paid every two weeks, if rent is quarterly then one quarter must be overdue, and if two months’ rent are overdue when the rent is paid monthly.

Some other grounds stated to gain possession of the property that do not relate to rent include damaged or deteriorated property due to the tenant, it is uncovered that false information was provided on the tenancy agreement, if the tenant is being a nuisance to neighborhood or others in the area as well as any other terms in the tenancy agreement.

If you should need to go to court then it is recommended that you state as many grounds as possible as many can be hard to substantiate.

A Section 8 Notice To Quit is also known as a section 8 possession notice. Section 8 Notice is different than a section 21 notice as it is used when the landlord wants to obtain his or her property before the fixed term as ended.