Notice seeking Possession under Section 8 Form No 3

Landlord Notice
Notice seeking Possession under Section 8
Form No 3
This form should be used where the landlord is seeking possession of a property let on an Assured
Tenancy or an Assured Agricultural Occupancy. This notice is to be served when citing any of the
‘Grounds’ under Section 8 of the Housing Act 1988. This is generally used when a tenant is more
than 2 months in arrears with their rent. For this appliction you will also need to print off Grounds for
Possession under Section 8 and Section 8 Guidance Notes.
• Please write clearly in black ink.
• Please tick boxes where appropriate and cross out text marked with an asterisk (*) that does not apply.
•This form should be used where possession of accommodation let under an assured tenancy, an assured agricultural occupancy
or an assured shorthold tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.
•Do not use this form if possession is sought on the “shorthold” ground under section 21 of the Housing Act 1988 from an
assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which
started on or after 28th February 1997, after six months has elapsed. There is no prescribed form for these cases, but you must
give notice in writing.
1. To: (Name(s) of tenant(s)/licensee(s)*)
2. Your landlord/licensor* intends to apply to the court for an order requiring you to give up possession of:
(Address of premises)
3. Your landlord/licensor* intends to seek possession on ground(s)
in Schedule 2 to the Housing Act
1988, as amended by the Housing Act 1996, which read(s): (Give the full text (as set out in the Housing Act 1988 as
amended by the Housing Act 1996) of each ground which is being relied on. Continue on a separate sheet if necessary.)
4. Give a full explanation of why each ground is being relied on (continue on a separate sheet if necessary):
Notes on the grounds for possession
•If the court is satisfied that any of grounds 1 to 8 is established, it must make an order (but see below in respect of fixed term
tenancies).
•Before the court will grant an order on any of Ground 9 to 17, it must be satisfied that it is reasonable to require you to leave.
This means that, if one of these grounds is set out in section 3, you will be able to suggest to the court that it is not reasonable
that you should have to leave, even if you accept that the ground applies.
Continued overleaf
This document is approved by National Landlords Association (NLA)
www.landlords.org.uk
NSPSSV20811/app
•The court will not make an order under grounds 1, 3 to 7, 9 or 16, to take effect during the fixed term of the tenancy (if there
is one) and it will only make an order during the fixed term on grounds 2, 8, 10 to 15 or 17 if the terms of the tenancy make
provision for it to be brought to an end on any of these grounds.
•Where the court makes an order for possession solely on ground 6 or 9, the landlord must pay your reasonable removal
expenses.
5. The court proceedings will not begin until after (Give the earliest date on which court proceedings can be brought):
•Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16 court proceedings cannot begin earlier than 2 months
from the date this notice is served on you (even where one of the grounds 3, 4, 8, 10 to 13, 14A, 15 or 17 is specified) and not
before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at
the same time as this notice.
•Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 15 or 17 court proceedings cannot begin earlier than
2 weeks from the date this notice is served (unless one of 1, 2, 5 to 7, 9 or 16 grounds is also specified in which case they cannot
begin earlier than two months from the date this notice is served).
•Where the landlord is seeking possession on ground 14 (with or without other grounds), court proceedings cannot begin before
the date this notice is served.
•Where the landlord is seeking possession on ground 14A court proceedings cannot begin unless the landlord has served, or has
taken all reasonable steps to serve, a copy of this notice on the partner who has left the property.
•After the date shown in section 5, court proceedings may be begun at once but not later than 12 months from the date on which
this notice is served. After this time the notice will lapse and a new notice must be served before possession can be sought.
6. Name and address of landlord/licensor*
To be signed and dated by the landlord or licensor or his agent (someone acting for him). If there are joint
landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.
Signed
Please specify whether: landlord
licensor
joint landlords
Date
landlord’s agent
Name(s): (Block Capitals)
Address:
Telephone: Daytime
Evening
What to do if this notice is served on you
• This notice is the first step requiring you to give up possession of your home. You should read it very carefully.
•Your landlord cannot make you leave your home without an order for possession issued by a court. By issuing this notice your
landlord is informing you that he intends to seek such an order. If you are willing to give up possession without a court order, you
should tell the person who signed this notice as soon as possible and say when you are prepared to leave.
•Whichever grounds are set out in section 3 of this form, the court may allow any of the other grounds to be added at a later date.
If this is done, you will be told about it so you can discuss the additional grounds at the court hearing as well as the grounds set
out in section 3.
•If you need advice about this notice, and what you should do about it, take it immediately to a citizens’ advice bureau, a housing
advice centre, a law centre or a solicitor.
Acknowledgment of service of the above notice:
I/We acknowledge the service of the notice of which the above is a true copy:
Signed:
Date:
The notice may be validly served even it has not been signed by the tenant.
This document is approved by National Landlords Association (NLA)
www.landlords.org.uk
NSPSSV20811/app