Section 8 eviction notices under the Renters' Rights Bill

The Renters’ Rights Bill, it is said, will improve the current system for renters and landlords alike. Various new measures will be introduced and, should you feel a burning desire to brush up on them, these are easily found with a quick Google search.

In this article, Claire Richmond and Sarah Barratt, from our real estate dispute resolution team, will concentrate on some of the new grounds for section 8 (s8) notices.

What is a s8 notice?

A s8 notice is a tool used by landlords to obtain possession of their property. Schedule 2, of the Housing Act 1988 sets out the current grounds for possession.  There are currently 26 potential grounds for possession, of which:

• 11 are mandatory (15 if you regard all of the conditions in 7A as separate grounds) – where the court must order possession if the ground is proven, and;
• 11 are discretionary grounds – where the court may order possession but is not mandated to do so.

There are various reasons for issuing your tenant with an s8 notice. These  vary from rent arrears, anti-social behaviour, damage to property or, some other breach of the tenancy agreement.

It is said that The Renters’ Rights Bill ‘clarifies and expands grounds for possession, while ensuring tenants are protected from arbitrary eviction and given enough time to find a new home.’

The much-published No-Fault Eviction

You will no doubt have seen the sensationalised headlines splashed across various newspapers around no-fault evictions and, latterly, the abolition of ‘no-fault evictions’ or, to give them their correct title, section 21 notices. However, it is not quite “adios” to s21, step forward the shiny and new s8 ground for possession.

The Bill recognises that landlords’ personal situations can change at any time and that, regrettably, a landlord may require possession of their property through no fault of the tenant.

For example, the landlord may need to sell the property to release assets or, may need to move into the property if their personal situation has changed, such as needing to move out of the family home following divorce.

Whilst these situations are regrettable, it would be incredibly unfair if a landlord had a personal need for the property and was unable to reclaim their own property.

At the same time, a balance must be struck where tenants are not made homeless when a landlord wants possession of their property on a whim. As such, the Bill proposes to introduce rights for landlords to reclaim their properties in certain situations where the tenant is at no fault.

Tenants will be protected from eviction for a period of 12 months from the commencement of their tenancy, during which time they cannot be evicted so that the landlord may occupy or sell the property. However, after this period, landlords will be able to serve notice of possession.

Unlike the old s21 procedure where tenants were given two months’ notice, under these new s8 grounds, tenants will be afforded four months to find new accommodation.

Rent arrears

One of the most common reasons for issuing an[SB1]  s8 notice is rent arrears. The current ground 8 states that if, at the date of service of the notice on the tenant and at the date of the subsequent possession hearing, where rent is due weekly, fortnightly or monthly and there are eight weeks (for weekly rent) or two months (for monthly rent) worth of arrears, then the landlord has a mandatory ground for possession.  

Once the landlord has served notice on the tenant, the tenant is afforded two weeks to either clear the arrears or provide vacant possession, under the current s8 ground.

Failure to do so can result in possession proceedings being issued. As discussed above, if the arrears reach the threshold at the time of the possession hearing, the court must award possession.

The Bill proposes raising the arrears threshold to three months and the notice period to four weeks in order to provide increased protection to renters who may find themselves in a spot of temporary financial difficulty and who, given the increased timescales, may be able to clear the arrears and not lose their home.

Various other grounds have been introduced for situations where it may be necessary to regain possession or situations where a tenant may no longer have the right to occupy the property. For example, a tenant's immigration status may have changed, or the tenant no longer requires the property if workers are employed by the landlord and residing in the property as part of their employment.

Ground 6 has also been expanded to encompass redevelopment and provide support to social landlords who have offered alternative accommodation.

A full list of the new grounds can be found on the Government’s website.

Should you require any advice or guidance on s8 notices, please contact Sarah Barratt using [email protected] or 0191 211 7923.