Section 8 possession proceedings refer to a legal process that allows a landlord to seek possession of their property from a tenant based on grounds outlined in Section 8 of the Housing Act 1988. This process is used when a tenant has breached the terms of their tenancy agreement.
To initiate Section 8 possession proceedings, the landlord must serve the tenant with a notice specifying the grounds on which they are seeking possession. The grounds for possession can include:
- Rent arrears: If the tenant has failed to pay rent.
- Breach of tenancy agreement: If the tenant has violated any terms of the tenancy agreement, such as subletting without permission or causing damage to the property.
- Anti-social behaviour: If the tenant has engaged in activities that cause a nuisance to neighbours or pose a threat to the property or community.
- Criminal behaviour: If the tenant has been involved in criminal activities on the premises.
- Other specific grounds: There are various other grounds specified in Section 8 of the Housing Act 1988, such as the landlord needing to live in the property or wanting to sell it.
Once the notice is served, the tenant has a specified period to rectify the breach or vacate the property. If the tenant fails to comply, the landlord can apply to the court for a possession order.
The court will then review the case and decide whether to grant the possession order, taking into account the circumstances and evidence presented.
If the court grants the possession order, the tenant will be given a date by which they must leave the property. If the tenant still refuses to vacate, the landlord can seek assistance from bailiffs to physically remove the tenant and regain possession of the property.
Last updated: 17 May 2023