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Section 8 Notice Generator

Section 8
Tenant Has Breached Contract

A Section 8 Notice is also known as a Notice to Quit. It is less common than the Section 21 as it is used to evict the tenants during the tenancy. Therefore choose this document only if the tenant is in breach of any clauses or grounds from your tenancy agreement.

When you come to fill in our Section 8 notice, you will be asked to choose which grounds you wish to seek possession for. You can choose several, but I recommend you stick to those that are either in your Tenancy Agreement or are mandatory grounds to ensure your success (8, 10 & 11).

Below is a list of grounds which you can choose, read them and jot down which grounds apply to you:

- Ground 8

Rent is unpaid when the notice is served, and at the time of the hearing for a Possession Order:

Rent is paid weekly or fortnightly and at least eight weeks' rent is owed.
Rent is paid monthly and at least two months' rent is owed.
Rent is paid quarterly and at least one quarter's rent is more than three months overdue.
Rent is paid yearly and at least three months' rent is more than three months overdue.

- Ground 10

Rent which is lawfully due to the landlord has not been paid by the time the possession proceedings are started and was owed at the time the Notice seeking possession was served.

- Ground 11

The tenant has failed repeatedly to pay rent on time. There don't have to be rent arrears at the time possession proceedings started.

- Ground 2

The property is subject to a mortgage which pre-dates the tenancy and the mortgagees are repossessing the property to enforce the charge. Written notice should be given before or at the time the tenancy begins that possession may be required under this ground.

- Ground 12

The Tenant has breached any term of the tenancy agreement (other than the ones relating to the payment of rent).

- Ground 13

The property has deteriorated due to neglect by the tenant or by someone living with the tenant and the tenant has failed to remove that person.

- Ground 14

The tenant or someone living with or visiting the tenant is causing or is likely to cause a nuisance to neighbours or visitors to the area, or has been convicted of using the property for immoral or illegal purposes, or has been convicted of an offence in the local area.

- Ground 14A

The property is occupied by a couple, one of them being a tenant and one of them has left due to violence or threats of violence from the other partner or from a member of that partner's family who is also living in the property.

[Note that this ground is only open to registered social landlords or charitable housing trusts and can not be used by private landlords].

- Ground 15

Furniture at the property has deteriorated because the tenant or someone living with has neglected the furniture and the tenant has failed to remove that person.

- Ground 17

The tenant, one of the tenants, or a person acting on behalf of the tenant has given false information to the landlord which resulted in the landlord granting the tenant the tenancy.

When issuing a section 8 notice to quit on a tenant it is advisable to make use of all grounds that apply. This is because not only are certain grounds considered discretionary, but also certain grounds are often hard to prove.

To create your section 8 notice, simply fill in the form on the link below, once you have customised your form using the easy to select options, click save and our system will generate you a perfectly formatted section 8 notice in PDF format and place it in your "User Area - My Documents". You can then save the document to your computer or simply print it right away, House Swift will keep a copy for each notice you create, allowing you easy access to download at any time you require a copy.

If you are unsure about any of the fields on this form try clicking inside the field and reading the tips on the help window which appears.



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