Section 8 Notice Service
While landlords may choose between a section 8 and a section 21 notice when it comes to alerting a tenant of an intention to take possession of a property, a section 8 has the potential – by naming the issue causing the dispute – to lead to a quick resolution.
What is a section 8 notice?
A legal document used to indicate that a tenant has breached the terms of their tenancy, a section 8 notice is to advise the tenant that grounds for possession apply. Generally, this notice is served when a tenant enters a minimum of two months of rent arrears, and if the fixed term of the tenancy still has a reasonably long time remaining.
Do I need to issue a section 8 notice?
There is a legal requirement for a landlord to issue a section 8 (or 21) notice if they wish to retake possession of their property following a breach of the tenancy agreement. While the letter itself is often enough to ensure a tenant clears arrears or otherwise agrees to return to living within the terms of the tenancy agreement, the section 8 notice will generally provide 14 days for the tenant to comply with the terms of the notice.
If, for any reason, matters need to be taken further – to court, for example – a section 8 notice will serve to illustrate that all reasonable measures have been taken by the landlord prior to seeking possession.
What are the main benefits of a legal letter at this stage?
As mentioned, a section 8 notice can often stress the seriousness of an issue to a tenant which can itself lead directly to a resolution. While we understand there are few tenants who purposefully seek to fall behind on their rent payments or otherwise breach the terms of their tenancy, we also appreciate that it is in a landlord’s best interest to handle such issues quickly and legally. Serving a section 8 notice provides evidence of a landlord acting in good faith, offers fair warning to tenants and – in the best case scenario – can lead to resolution of the problem itself.
What we can do
Wirral Homes ensures that our landlords are always acting legally and fairly – this is in the best interests of all parties and can prevent problems from developing further than they need to. Our in-house legal team will draft legal documents such as the section 8 notice to fulfil a landlord’s legal obligations and, hopefully, stop matters progressing. For more information on our legal, or any other services, Contact Us today!