I have been served with a notice to leave my home by my landlord

A Section 8 is a formal notice issued by your landlord for you to leave the property due to a breach of the tenancy. 

There are three legal steps to a Section 8 notice:

Step 1 - Section 8 notice must be valid

• It must be a written notice and state the time after which the landlord can apply to the court for a possession order
• You must have an assured tenancy
• It must state the reason (grounds) the landlord is seeking possession
• The notice remains valid for one year

Step 2 - Possession order

• After the notice has expired, your landlord can apply to a court for a possession order. The notice period may vary from: immediate, 14 days or 2 months. The period depends on the ground being used for eviction and whether you have a fixed term tenancy or not.
• The court will send you documents telling you about your landlord's eviction claim. You can fill in these documents and put in a defence which will help the court reach a decision. You can also go the court hearing. If you miss the deadline to send in your defence, it is not too late as you can attend the court hearing to file a defence. There may be a duty solicitor or a CAB advisor available to help you.
• If mandatory grounds are proven to the court, the court has to make a possession order. If discretionary grounds are used, it is up to the court to decide if a possession order is reasonable.
• A possession order can be an outright order, a suspended order or a money judgement

Step 3 - Eviction

• An outright order means you must leave the property by the date given on the order. This is usually 14 days after the court order. If you have not left by this date, your landlord can apply to court for bailiffs to evict you
• A suspended or postponed order means you can stay if you meet the conditions explained in the order. If you breach the conditions your landlord can apply to court for bailiffs to evict you

Section 8 - what next?

• As soon as you receive a section 8 notice you should contact your landlord to discuss the situation and see if you can resolve the issue or reach an agreement which means the landlord will not take further action. For example agree a reasonable rent arrears repayment plan.
• The reasons (grounds) that landlords can use to evict you are either mandatory or discretionary grounds.
• If your landlord is using mandatory grounds, the courts will have to make a possession order if satisfied the ground exists. Examples are: more than 8 weeks arrears, anti-social behaviour if a conviction for anti-social behaviour exists. It is important that you contact your landlord immediately to discuss the situation if you can avoid eviction.
• Examples of discretionary grounds include: rent arrears, persistent late rent payment, tenancy breaches, anti-social behaviour, property damage etc. A court will only order possession on discretionary grounds where the ground is proven and is reasonable to do so.
• Where appropriate, the Council can try to prevent your homelessness by analysing your income and expenditure or keep you in your current accommodation.
• If you have been served notice due to rent arrears, the Council will need to know the reasons behind it and will need to be provided with recent bank statements and other financial documents to conclude whether or not the eviction was because of a ‘deliberate act’ on your part.