Section 8 Notice
Section 8 notice can be served for a multitude of reasons, from unpaid rent to anti-social behavior. DCB Legal can serve the notice for the most effective reasons, helping to minimize delays.
Serving Section 8
DCB Legal provide a complete solution to residential possession for landlords.
Obtaining a Possesion Order
Applying for a possession order after a Section 8 notice can be a complicated task. Our specialist property lawyers can handle the whole process for landlords, meaning the process can become hassle-free.
Enforcing an Order
DCB Legal understands the effect that having to wait to enforce an order can have. As part of our service, we apply for permission to use High Court Enforcement agents to regain your property, saving landlords valuable time.
Specialist Landlord Services
With our specialist property team, DCB Legal can offer landlords our expertise in recovering properties and, where applicable, rent arrears.
Specialist Property Solicitors
Navigating the Section 8 eviction process can be difficult for even the most experienced Landlord. Here at DCB Legal, we understand the difficulties of removing a tenant and the nuances of the Court processes, meaning that we can draft and serve your notice and start the court process without unnecessary delays.
Together with our sister company DCBL, the UK’s leading eviction and High Court Enforcement provider, we can take your case from start to finish, allowing us to help landlords across England recover their property and arrears quickly and efficiently.
What is a Section 8?
A Section 8 notice is the first step in regaining your property from a tenant under either an assured shorthold tenancy (AST) or, unlike a Section 21, an assured tenancy. The notice will expire after 2 weeks or 2 months, depending on the reason used, and the landlord may then apply for a possession order through the county court. The grounds and procedures are set out in the Housing Act 1988.
Section 8 Instruction Form
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When can a Section 8 be served?
There are 17 grounds for a Section 8 to be used, 8 of which are mandatory, meaning if the landlord can prove that this ground is applicable, then the court must grant a possession order.
The other 9 grounds are discretionary, meaning even if they apply, a court is not bound to grant a possession order. Each ground has a different notice period, but Section 8 is most frequently used when a tenant is in more than two months of rent arrears as unlike Section 21, both possession of the property and the arrears can be awarded to the landlord by the court.
What happens after a Section 8 notice has expired?
Once you have allowed for the relevant notice period to lapse, either 2 weeks or 2 months depending on the ground used for the notice, and the tenant has not vacated, the next step would be to apply to the court for a possession order.
This can be a complicated process as there could be multiple hearings and the tenant may file a defence to this action. Once the court has ruled that possession should be granted, County Court Bailiffs or High Court Enforcement Agents can be instructed to enforce the order.
DCB Legal will always, where applicable, petition that the court allow for the use of High Court Enforcement agents as the process is much quicker and more effective than County Court Bailiffs.
Why use a law firm to issue a Section 8 Notice?
There are many different aspects to recovering your property via Section 8 such as choosing which grounds to use for the notice and preparing for a hearing. There are many different mistakes that can be made at any point in the process that can lead to delays and even the dismissal of claims.One of the key benefits of using DCB Legal is our specialist property team who offer unrivalled knowledge of both the court process and the practicalities of regaining your property through a High Court Writ of Possession.
Contact DCB Legal
phone0203 434 0426
What happens if a section 21 is served and then the tenant stops paying?
If you have served your tenant a Section 21 notice, and they then stop paying rent, you can then serve a Section 8 notice to allow you to claim for both possession of your property as well as a Court Order for the arrears that are outstanding by the time you regain the property.
When claiming for arrears, however, the process cannot be carried out under accelerated procedure, so it is best to give our Specialist Property Team a call on 0203 434 0426 to discuss the best avenue for you.
Will Rental Reforms affect the Section 8 process?
There has been bipartisan acceptance since at least 2019 that the processes for eviction will be reformed. Since 2019. The initial bill proposed by the conservatives – the Renters (Reform) Bill – was to abolish section 21 but strengthen the Section 8 grounds for eviction.
As this bill was missed during the wash-up prior to the general election, the newly formed Labour government must now restart the process from scratch. Chancellor Rachel Reeves has confirmed that Section 21 will be banned during this parliament, however we will have to wait for the full policy and how this will affect Section 8.
About DCB Legal
Leaders in our specialist fields.
We’ve implemented key measures to ensure our service aligns with our mission “to provide our Clients with an ethical, low-touch Litigation service with unrivalled results”.
DCB Legal has a team designated to the continuous improvement of its processes. The team works closely with the operations manager to ensure focus is given to compliance, internal quality assessment and to the most arduous of tasks. These efficiencies allow the service to be run in the most risk-averse manner for the client.
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What our clients say
Our clients praise us for our great results, personable service and expert advice.
Seek expert advice from DCB Legal
at the outset of any eviction or tenancy issue
David Croot, solicitor at DCB Legal, helped me regained possession of my flat and recouped as much of the arrears as possible. David’s strategic abilities, combined with his empathetic communication style, made me feel confident and reassured. His patience, kindness, exceptional knowledge and, importantly, experience allowed me to achieve the best possible outcome.
Heleen VW
Section 21 & Section 8
Although we were unsuccessful in our first attempt in court, we were successful in our second attempt. This whole process was handled by Neil Smith very professionally and he couldn’t have done any more during the first attempt at court date one. We have now been granted possession and are renovating our property at present. If we decide to go for our back rent we would definitely be in touch with Neil again.
Thank you DCB Legal!
Caroline and Andy Ruane
First rate service
First rate service. Having been badly let down by a supplier, DCB Legal successfully recovered all of my money. They took all the stress and worry out of the legal process and kept me fully informed at all times.
Thank you DCB Legal!
V A Rimington
Debt recovery
Would recommend this company. Very easy process to follow and supportive throughout the process. Everything, including costs and potential future costs were explained clearly in the first phone call.
Very happy with the outcome and first port of call should we need this type of service again.
Janet Farrell
I was pleased with how efficient and…
I was pleased with how efficient and simple it was to use the services of this company. I had a tenant who was refusing to move out, despite not paying rent for a long time. Within 3 weeks of engaging the services of this company the tenant was gone. I believe that the weight of a legal letter is much more valued than me writing to the tenant. I wish I had used them earlier in the process.
Michael
Can’t Pay? We’ll Take It Away!
One Solution for Landlords.
DCBL and their agents, exclusively featured on the popular series ‘Can’t Pay? We’ll take it away’, are now known worldwide as the face of High Court Enforcement – most notably for their ethical approach to enforcement of County Court Judgments and Possession orders.
Often, delays in the county court bailiff services mean landlords can be waiting months before an agent can attend with no guarantee of results. DCB Legal offers our clients a seamless transfer of cases to DCBL, allowing for swift enforcement action carried out in an ethical and pragmatic manner.
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