As a landlord, you may initiate proceedings to gain possession of a property let on an assured shorthold tenancy before the end of the fixed tenancy’s term. Our highly-qualified team of expert Property Litigation solicitors and barristers are regularly consulted by clients looking to serve Section 8 and Section 21 notices onto tenants.
Requirements Under a Section 8 Notice
Any possession sought under Section 8 must necessarily be based upon the grounds mentioned in Schedule 2 of the Housing Act 1988. To proceed with a Section 8 Notice, you must successfully be able to make out a claim under one or more of the 18 grounds set out in the Schedule.
To issue a Section 8 Notice, you must use the prescribed form issued by the government and clearly mention the Schedule 2 grounds you intend to rely upon. You must also give the tenant a reasonable amount of notice which varies, depending on the Schedule 2 grounds you intend to rely upon.
Can I Undertake a Section 8 Notice on My Own?
A Section 8 Notice is a tricky form. It is of the utmost importance to note that a Section 8 Notice is only valid if it is filled and served in the correct way. If you do not correctly use the prescribed form or mention the grounds you intend to rely upon, you may be left with no other choice but to file the notice again. This means that you will have to wait for a renewed period of reasonable notice to lapse before you can go to court to enforce your rights.
Reasons as simple as providing incorrect names or dates on the notice may invalidate your claim. Our specialist team of Property Litigation Barristers and Solicitors never miss the details and save you the hassle. We walk you through the complex rules and regulations, and assist you with all proceedings, from start to finish, so that you get it right the first time.
Is the Court bound to grant Eviction Orders Under Schedule 2?
Out of the 18 grounds mentioned in Schedule 2, only 8 are mandatory. If you can successfully make out your case based on any of these, the court will be bound to grant the order. If your case falls within any of the remaining 10 grounds, however, the matter of granting the order will lie at the court’s discretion. Our expert Property Litigation team assists you on the individual merits of your case and, after conducting in-depth research, advises you on the actionable routes open to you. We are able to accurately discern where your case falls under Schedule 2 and if you might be better off pursuing other options.
Successful Section 8 Notices
We are a specialist City of London law firm made up of Solicitors & Barristers operating from the only law firm based in the Middle Temple Inns of Court adjacent to the Royal Courts of Justice. Our expert Property Litigation legal team deliver expert technical knowledge; the utmost expertise; strong negotiation skills and respected advice on the interpretation of leases, tenant insolvency, evictions, forfeiture, lease renewals and exercising break clauses which can make a pronounced difference in Landlord and Tenant and Real Estate disputes.
Our expert legal team can provide urgent help, advice or representation to you. Call us on ☎ 02071830529 or email us now.
LIMITATION ACT 1980 – WARNING
The Limitation Act 1980 sets out strict statutory deadlines within which you must bring litigation claims. Your legal rights will become irreversibly time-barred if you fail to take legal action (or defend a claim on time). Therefore, you should seek specific legal advice about your legal dispute at the very first opportunity so that you understand the time you have left. Failure to take advice or delay in taking action can be fatal to your prospects of success.
Please note that for regulatory reasons we do not offer any free advice.
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Our litigators deliver advanced legal strategies.
We analyse and work out the legal merits of running your case to trial. We calculate and advise on legal risk factors and the litigation rules in England & Wales. We factor in your risk-appetite, costs sensitivity and determination. Together, we plan the best possible result.
You’ll receive strategic legal advice from a barrister and solicitor at your first fixed fee meeting.