Section 8 Notice – Anti Social Behaviour

If don’t have a written tenancy (so you have a verbal tenancy), please read this article before serving notice.

 

Important – Please read

Possession under the grounds of anti social behaviour by the tenant is going to be very difficult indeed. If you are close enough to the end of the fixed term or in a periodic tenancy, you would be well advised to rely on a section 21 (2 months) notice.

The grounds relied on in this type of case are discretionary, so even if you prove the tenant has committed some act worthy of possession, the court will only grant you possession if they consider it is reasonable to do so [s.7(4) HA 1988].

You will need as much proof as possible. The tenant will almost certainly defend any claim you bring by saying “it wasn’t me” or “I didn’t do anything”. If they say this, the question you need to ask yourself is how can you prove that they did commit the act you are alleging. If at this point you are struggling to find the answer, you would be well advised not to go down this route as it could get expensive in legal fees if you are unable to prove your allegations.

If, in addition to the anti social behaviour, the tenant is two or more months in arrears, you are well advised to rely only on the rent arrears grounds as arrears are easier to prove.

Introduction

You can serve two notices. A section 21 notice and a section 8 notice.

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