Section 8 Notice Seeking Possession (Form 3, Housing Act 1988) - Template & Notes

NOTICE SEEKING POSSESSION OF A PROPERTY LET ON AN ASSURED TENANCY OR AN ASSURED AGRICULTURAL OCCUPANCY

Housing Act 1988, section 8, as amended — Form 3

Please write clearly in black ink. This notice may be relied upon by a landlord seeking possession under section 8 of the Housing Act 1988. Following the abolition of the section 21 “no-fault” procedure under the Renters’ Rights reforms, a landlord seeking possession of a property let on an assured tenancy or assured agricultural occupancy must rely on one or more of the grounds for possession set out in Schedule 2 to the Housing Act 1988 and must serve a valid notice in this form before commencing court proceedings.

1. To the Tenant(s) or Licensee(s)

To: ________

Of (address of the tenant(s) or licensee(s)): ________

[Name and address of every tenant or licensee must be given. Where there is more than one tenant, the notice should be addressed to all of them.]

2. Property to Which This Notice Relates

Your landlord or licensor intends to seek possession of: ________

[Give the full address of the dwelling-house to which the notice relates.]

3. Grounds for Possession Relied Upon

Your landlord or licensor intends to seek possession on the following ground(s) in Schedule 2 to the Housing Act 1988, which read(s):

[Indicate below each ground being relied upon by inserting an “X” or the word “Yes” in the “Relied on” field, and set out the full text of each ground relied upon in the space provided. The full text of each ground must be given exactly as it appears in Schedule 2 to the Housing Act 1988. Whether a ground is mandatory or discretionary affects the notice period and the powers of the court.]

Ground	Description (summary)	Type	Relied on	Full text of the ground
Ground 8	Serious rent arrears — both at the date of the notice and at the date of the hearing	Mandatory	________	________
Ground 10	Some rent lawfully due is unpaid at the date of the notice and when proceedings are begun	Discretionary	________	________
Ground 11	Persistent delay in paying rent that has become lawfully due	Discretionary	________	________
Ground 12	Breach of an obligation of the tenancy (other than payment of rent)	Discretionary	________	________
Ground 13	Deterioration of the dwelling-house or common parts due to the tenant’s neglect or default	Discretionary	________	________
Ground 14	Nuisance, annoyance, or illegal/immoral use — anti-social behaviour by the tenant or visitor	Discretionary	________	________
Ground 14A	Domestic violence — one partner has left and is unlikely to return (social landlords)	Discretionary	________	________
Other ground(s)	Any other Schedule 2 ground(s) relied upon (specify)	________	________	________

4. Explanation of Why Each Ground Applies

Give a full explanation of why each ground is being relied upon. Full particulars must be given so that the tenant knows the case that must be answered and can seek advice. Set out below, for each ground relied upon, the facts giving rise to that ground (for example, the amount of rent lawfully due and unpaid, the dates and nature of any breach, or particulars of the conduct complained of):

________

[Continue on a separate sheet if necessary and attach it to this notice. The court will need to be satisfied of the ground(s) and, in the case of a discretionary ground, that it is reasonable to make an order for possession.]

5. Earliest Date on Which Court Proceedings Can Be Begun

The landlord or licensor will not begin court proceedings for possession earlier than: ________

Note: The notice period varies according to the ground(s) relied upon.

• Where the notice relies (in whole or in part) on Ground 8, 10 or 11 (rent arrears grounds), court proceedings cannot begin earlier than the applicable statutory notice period after service of this notice.
• Where the notice relies on Ground 14 (nuisance or anti-social behaviour), court proceedings may be begun immediately after service of this notice, though the notice must still be served.
• Where other grounds are relied upon, a longer notice period may apply. You should insert the latest date that produces a valid notice period for the ground(s) relied upon.

Insert the notice period being given (state the number of weeks/months and the ground(s) to which it relates): ________

After the date shown in this section, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served on you.

6. Name, Address and Signature

This notice is served by:

Name of landlord/licensor (or agent): ________

I am the [landlord] / [licensor] / [joint landlords] / [agent] (delete/complete as appropriate): ________

Address of landlord/licensor (or agent): ________

Telephone (daytime): ________

Telephone (evening): ________

Signed: ________

Date: ________

[If signed by an agent, the name and address of the landlord or licensor must also be given.]

Name and address of the landlord or licensor (if this notice is signed by an agent): ________

What to Do If This Notice Is Served on You

• This notice is the first step towards requiring you to give up possession of the dwelling. You should read it carefully.
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• If you need advice about this notice, and what you should do about it, take it as soon as possible to a Citizens Advice Bureau, a housing advice centre, a law centre, or a solicitor.
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• This notice is only valid for 12 months. If proceedings are not begun within 12 months of the date of service, a fresh notice must be served before possession can be sought.

Notes on Service

• This notice must be served on the tenant(s) or licensee(s) before court proceedings for possession are begun.
• The date of service is the date on which the notice is received by, or is deemed under the terms of the tenancy or by law to have been received by, the tenant(s).
• Keep a copy of this notice and a record of how and when it was served, as you may need to prove service to the court.