A section 8 notice to quit is different from a section 21 notice though both are used to gain possession of your property. Unlike the section 21 a section 8 notice is used if you want to get your property before the fixed term of rental is up. With a section 21 notice you must wait until the fixed tenancy period is over before you can gain possession of the property.
However a section 8 notice can only be used if for some reason the rental agreement has been breached. The landlord will need to detail what the reason is for sending the section 8 notice. One of the most common reasons is that the tenant is not paying rent. If for some reason you want to evict the tenant then you will need to get a possession order from the court first.
Under section 8 for possession there are 17 different grounds in which a landlord can wish to seek possession of the property. The amount of notice required differs depending on the ground.
There are seventeen grounds in which a landlord can state as reasons to gain their property and all are different. If the ground is based on rent then the tenant must have eight weeks of rent due if rent is paid every two weeks, if rent is quarterly then one quarter must be overdue, and if two months’ rent are overdue when the rent is paid monthly.
Besides not paying rent some of the other grounds for filing a section 8 notice include providing false information on your tenancy agreement in order to get the property, if the tenant is a nuisance to neighbors or others in the area, if the property or furniture has deteriorated due to the tenant or if any of the terms in the tenancy agreement have been breached.
It is important to note as many of the grounds as possible that can be used to your benefit in the section 8 as many of the grounds can be difficult to prove.
A Section 8 Notice To Quit is also known as a section 8 possession notice. Section 8 Notice is different than a section 21 notice as it is used when the landlord wants to obtain his or her property before the fixed term as ended.