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Serving a Section 8? Then read this...

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Serving a Section 8? Then read this...

If you plan to issue a Section 8 'Notice to Quit' you need to make sure you are using the new form prescribed by the government. It changed on 1st December and has been updated to reflect the new ground, 7b, introduced in the Immigration Act 2016.

 

This allows landlords to evict tenants who do not have a right to rent in the UK.

They can only do this if the landlord receives a notice from the Home Office telling them their tenants are disqualified from renting under the Act.

Landlords serving the section 8 in this way, should give the tenants two weeks to leave the property. If they don"t leave, then the landlord can apply to court using the Home Office letter as proof that ground 7b applies.

If everyone in the property is disqualified from renting then the landlord will get vacant possession. If only some tenants are disqualified, the court will order the disqualified tenants to leave, and transfer the tenancy to the tenants with a valid right to rent.

Even if you are serving a Section 8 for a completely different reason, we recommend you use the current form as some judges are sticklers for this sort of thing and you'd hate to have to repeat the process just because you were using an 'old' version of the document.

It is not easy to find on the government website, but start here: http://www.legislation.gov.uk/uksi/2016/1118/schedule/made

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About the author

Martin Silman

Martin began his landlord journey 30 years ago, while working in an international role for a global telecommunications company. Since retiring he has extended his portfolio, which he manages with his wife, but has always focussed on the ‘small student HMO’ sector preferring to offer homes in the community for small groups to the more common ‘pack them in and take the money’ mentality. He has chaired the PDPLA for the past 12 years and has overseen the Associations transition from small local self-help group to a much larger and more professional institution which is recognised and listened to nationally. Alongside his PDPLA role, he also has leadership roles in a number of other local organisations – bringing his unique perspective, driving for change and increased use of technology while respecting the history that brought us here.

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