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Serving a Section 8? Then read this...

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

Written & oral information and advice from the Portsmouth & District Private Landlord's Association is given in good faith, but no responsibility whatsoever is accepted by the Association or it's officers for the accuracy of it's information & advice nor shall the Association be held responsible for the consequences of reliance upon such information.

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