Section 8 Notice To Quit
Written by Harry Carr   
Tuesday, 06 April 2010 07:24
Another name for a possession notice is a section 8 notice to quit. Many individuals may get this notice confused with a section 21 notice though they are different.
by HarryCarr


Another name for a possession notice is a section 8 notice to quit. Many individuals may get this notice confused with a section 21 notice though they are different.

A section 8 notice is used by the landlord to gain their property before the end of the fixed term period. With this notice you need to provide a reason why you want possession of the property though most people file because they are not receiving rent or the property is being damaged.

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 are using a section 8 notice then it is advised that you state as many of the applicable grounds as possible. Many of the grounds can be difficult to substantiate and only certain grounds are considered by the court. You do not want to have to refile a section 8 notice all over again.

About the Author:

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.