If you receive a Section 8 warning, this is the first step your landlord should take to force you out of your home. You don't have to leave the house immediately.
If your Section 8 notice is valid, your landlord will have to go to court to evict you.
You can contest your eviction and stay in your home longer.
When You May Receive a Section 8 Notice
You may receive a Section 8 notice at any time during your tenancy. It depends on why the owner is trying to get you to leave.
Your notice under Section 8 is only valid if you have a guaranteed or insured tenancy.
He cancheck what kind of contract you haveon the refuge's website.
Your landlord must provide you with a reason for a Section 8 termination. There are many reasons your landlord can use, e.g. B. if you:
- have late rent
- Damage to your landlord's property
- disturb your neighbors
If you receive a Section 21 and Section 8 notice from your landlord
Your landlord can give you notice of termination according to § 21 as well as a notice of termination according to § 8. Your landlord does not need a reason to give you notice of termination under Section 21.
If you receive a Section 21 warning, do not ignore it. You need to deal with both this and the warning in Section 8, and the steps are different.
Read our tips on what to doif you have a Section 21 Notice.
How much notification do you get
The amount of notice you receive depends on the landlord's ownership grounds.
If you received the Section 8 notice on or after October 1, 2021, you will normally be given at least 14 days notice; You don't have to leave immediately.
If you received the Section 8 notice before March 26, 2020, you will normally be given at least 14 days notice; You don't have to leave immediately.
If you received the Section 8 notice between March 26, 2020 and September 30, 2021, there were special rules due to the coronavirus. Your landlord may need to give you additional notice. The rules were different depending on when you received the notification
If you received the notice between March 26 and August 28, 2020
Your landlord had to give you notice 3 months in advance.
If you received the notice between August 29, 2020 and May 31, 2021
Your landlord must give you 6 months notice unless:
owed them at least 6 months rent
You are not allowed to rent due to your immigration status
have committed anti-social behavior or a crime
You lied to get the rent
someone you lived with moved out because you were violent or threatening
- the person who rented your house has died
If you received the notice between June 1st and July 31st, 2021
Your landlord must give you 4 months notice unless:
owed them at least 4 months rent
You are not allowed to rent due to your immigration status
have committed anti-social behavior or a crime
You lied to get the rent
someone you lived with moved out because you were violent or threatening
the person who rented your house has died
(Video) South Fulton section 8 tenants receive eviction notices
If you received the notice between August 1st and September 30th, 2021
Your landlord must give you 4 months notice unless:
You owe them less than 4 months rent; In this case, they must notify you 2 months in advance
You owe them more than 4 months rent; In this case, they must notify you 4 weeks in advance
You are not allowed to rent due to your immigration status
have committed anti-social behavior or a crime
You lied to get the rent
someone you lived with moved out because you were violent or threatening
the person who rented your house has died
You should think about your options when you decide to leave your home.
If you leave your home before the date specified in your notice in Section 8, you may be considered "willfully homeless". This can make it difficult to get help from local government.
It shouldBefore you decide to leave home, get help.
Make sure your landlord has correctly informed you of clause 8
Your landlord must provide you with the Section 8 notice in writing using “Form 3” or a letter containing the same information. He canfind form 3on GOV.UK if you're not sure what it looks like.
Your notice is void if it does not include:
- your name
- The address of the property
- the “condo reasons”: these are the reasons your landlord wants you to move out of your condo
- the date your notice ends - the landlord must obtain a court order if you do not move out by this date
If your landlord has not given you notice in good time, you can still ask the court to order you to move out. You will be given the opportunity to present your case and the court will make a decision.
Check if the reason in the notice in Section 8 is valid
Your landlord must provide you with a valid reason for giving you a notice under Section 8. These reasons are referred to as “possession reasons”. The court must accept your landlord's property before deciding whether to move.
Your Section 8 notification must explain the following:
- what possessions your landlord is using to try to evict you; You can use some
- Why your landlord is using leases, for example if you are behind on rent or have damaged the property
The reasons for possession are numbered from 1 to 17. The court decides whether you have to leave the house or whether you can stay; This depends on the ownership reasons of the owner.
The batch number and explanation must appear on the Section 8 notification, otherwise the Section 8 notification is invalid.
speak to an advisorif you need help understanding the property your landlord is using.
If your landlord's lots are numbered 1 through 8
Your landlord must prove to the court that the reason you are using for the tenancy is appropriate to your situation. For example, because you are at least 8 weeks in arrears on your rent when you receive the Section 8 notification and at the court hearing.
If your landlord can prove the reason for possession, the court usually has to order you to move out. Because reasons 1 to 8 are “compelling reasons” for ownership. This means that the court must accept the landlord's reasons if they can prove them.
Reasons 1-8 also include things like when:
- Your landlord wants to return to the property
- Your landlord is in arrears on their mortgage payments and the property is being repossessed
- was convicted of a crime near his home
Get help from the nearest citizen serviceif you are unsure of the ownership used.
If you are behind on the rent
It's a good idea to show the court that you've tried to reduce your late rent payments. Make sure you keep track of what you paid for.
They should pay as much as possible to lower rents. This could mean that the court decides that you can stay in your apartment. know more about itdeal with rent arrears.
Your landlord can take possession of more than 1 lot if he has rent arrears or is late in paying rent. Which ownership structure your landlord is allowed to use depends on your situation.
Your landlord must prove the amount of your late payments in court. You must also show that you were in arrears when you received the Section 8 Notice.
If your Section 8 Notice states that your landlord is using "Lot 8" and the court accepts your landlord's case, you will normally have to leave your home.
Your landlord can only use "Plot 8" if he has at least:
- 2 months - with monthly rent
- 8 weeks - if you pay the rent weekly
- 3 months - if you pay rent quarterly or annually
If you can get your rent arrears below that amount before the court hearing, your landlord won't be able to prove why. 8. The court decides whether it is reasonable for you to leave your home.
If you think your landlord owes you money, you can ask the court to use that money to reduce your arrears. Your landlord may owe you money if:
- You have not secured your security deposit properly
- notRepairs for which they are responsible
- you have been discriminated againstCheck if your housing problem is discrimination
The court is more likely to rule that you can stay in your home if you can show that you are in arrears with rent and can continue to pay rent.
Example
Joe pays his rent weekly and is 9 weeks behind on his rent. Your landlord gave you a Section 8 notice and used grounds of possession numbered 8 and 10.
Land 8 is a "mandatory" land for ownership. If Joe's landlord can show that he is at least 8 weeks in arrears on his rent when he receives notice and goes to court, the court must order the eviction.
Lot 10 is a 'discretionary' property for ownership and can be used for any overdue rental balance. That means if Joe's landlord can show that he's in arrears on his rent, the court will decide if it's fair to evict him.
If Joe can pay 2 weeks rent arrears before the court date, he only has 7 weeks rent arrears.
This means that Joe's landlord cannot prove in court that he is 8 weeks behind on his rent payments. Your landlord can still prove that Joe is in arrears on the rent, but the court can decide if he can stay in your home.
If your landlord's lots are numbered 9 through 17
Your landlord must prove to the court that the lease grounds you claim are correct for your situation. For example, because you are in arrears with the rent or because you have damaged the property.
The court then decides whether to follow your landlord's arguments and whether it considers your move out to be reasonable. This is because Reasons 9-17 are “Discretionary Reasons”.
If your landlord has 2 or more reasons of ownership
Your landlord can own more than one piece of land. For example, if you are behind on rent, there are 3 reasons you can use.
If any of your grounds of possession are numbered 1 through 8, the court will order you to leave your home if you take on the landlord's case. Because reasons 1 to 8 are “compelling reasons” for ownership. This means that the court must accept the landlord's reasons if they can prove them.
When all of your grounds of possession from 9 to 17 are listed, the court will decide whether it deems an extract appropriate. This is because Reasons 9-17 are “Discretionary Reasons”.
The court first examines whether it can compel you to leave the apartment for compelling reasons. If your landlord cannot prove any of the compelling reasons, the court will examine the discretionary grounds to decide whether you need to move out.
resist your eviction
You can contest your eviction if the Section 8 notice is invalid or if you have a valid reason not to leave your home. This is known as "defending property".
It's a good idea to speak to your landlord if you wish. They may choose to keep you at home if, for example, you can show them that you can pay off your debts.
If you don't leave the house
If you do not move out by the notice date according to Section 8, the landlord must go to court to get you to move out. This is known as initiating a property claim. Your landlord cannot go to court before the date set out in Section 8.
Your landlord must apply for possession within 12 months of the notification date in Section 8.
When you receive court documents
You will receive court documents if the landlord makes a claim of ownership.
The documents include a copy of the form your landlord filled out when the claim was made; This is referred to as a "request form". The complaint form tells you why your landlord is trying to evict you.
The documents also include a form to contest the eviction, known as the "Defense Form."
You can contest your eviction and stay in your home. You must act immediately when you receive court documents.
You may have to pay the landlord's court costs if the landlord asserts a claim of ownership. Court fees can be expensive.
You can get legal help for your case, for example if you have a low income or receive benefits.
If you seek legal help, you may be able to protect yourself against paying your landlord's costs if you can't pay them.
Learn more about getting help with court fees.
Write why you are contesting the eviction
You can contest your eviction if, for example:
- The information in your Section 8 notification is incorrect
- Your landlord has not given you a good reason
Yes you can,talk to an advisorbefore you contest your eviction.
You can use the defense form that accompanies your court documents to state your reasons for contesting your eviction. Can alsofind a copy of the defense formon GOV.UK: It's called an N11 form.
If you find it difficult to use the defense form, write down what you want to say on a piece of paper. Write your case number on the slip; You can find your case number on the application form.
It's best to give as much detail as possible: the court will examine what you say to decide whether it can stay in your home.
If you receive a writ of possession, you usually have to pay the court fees within 14 days. Check with the court if you want to pay court fees over a longer period of time, for example by making a smaller payment each month.
If you think your landlord has discriminated against you
If your landlord has treated you unfairly because of you, he can stop your eviction. For example, you may have been harassed because of your gender or refused to make changes because of your disability.
The court can stop the eviction or award compensation to reduce the back rent you owe.
Check if your problem qualifies as discriminationto see if you can add it to your eviction defense.
If the reason for your eviction is related to your disability
You can appeal the eviction. For example, if you are terminated for late rent payments, but the reason for the late rent was that your learning disability made it difficult for you to meet your landlord's payment policies.
You can fight your eviction with the Discrimination Act:Check if your housing problem is discrimination.
If you are evicted for having previously complained about discrimination
This could be a type of discrimination called victimization. You should be able todefend your eviction with the Discrimination Act.
If water charges were included in your rental
If your landlord overcharged you for water, you may be able to avoid eviction.Check if your landlord charges extra for water and what you can do.
Explain how the situation is improving.
Your landlord may evict you with a Section 8 notice if, for example:
- You don't pay the rent or you pay late
- You have a pet, but your contract says you are not allowed to have pets
- You damaged your house
You can defend your Section 8 notice by telling the court what you're doing to put things right. For example, if you are late in paying part of the rent or repairing damage that has occurred. You should also explain why it won't happen again.
Be sure to write on your defense form why you think you should be allowed to stay in your home.
Postpone the date you need to go
You must use the defense form to explain to the court why you think you should spend more time at home. You must explain your situation in as much detail as possible.
The court can postpone the date by which you must leave your home. The amount of extra time the court can grant depends on the reason or motive used by the homeowner.
Depending on the reason given by the landlord in its Section 8 notice, the court may:
- allow you to stay at home if you comply with his orders, for example if you agree to pay your debts; this can happen if your landlord used reasons 9 to 17
- Delay your departure date by up to 6 weeks if you have trouble departing within the usual 14 days; This can happen if your landlord has occupied lots 1 through 8
You must have a valid reason to postpone your departure date, for example if you have a serious illness or disability.
The court decides whether and how long you can stay in your home.
Submit the defense to the court
You must submit the defense form or what you have written to the court within 14 days; The address is on the form. If you miss the deadline, you must submit it as soon as possible. Be sure to keep a copy. - You'll have to remember what you wrote later.
See what happens after you submit your defense form
The court will tell you when it will consider your case; This is known as the "initiation hearing".
On the day of the opening hearing, you can usually speak to an independent lawyer; They are called "Shift Advisors". Before the hearing, read the letters from the court and make sure you know how to contact the counselor who is on duty that day.
Prepare for your hearing
The court will tell you when your hearing will be held and where to go.
You must attend the Possession Hearing – this is your opportunity to present your case in court and explain your reasons for staying at home.
If you are unable to attend the hearing, inform the court as soon as possible. Explain why you cannot go, for example because you need to isolate yourself. The court could:
- agree that the hearing will be conducted by phone or video call
- change the date of the hearing
He canCheck how you can prepare if the court decides to schedule a hearing by phone or video call.
Read all the documents you have from the court and your landlord. Bring all evidence with you to court, such as:
- a copy of your rental agreement
- a letter from your family doctor if you were unable to pay rent due to illness and inability to work
- a bank statement or payslip to show how much you can pay if you are behind on your rent
get legal help
You can have a lawyer represent you in court. If you have no income or low income, you may be able to get legal help to cover the costs. find out if you canGet help with attorney feesim GOV.UK.
On the day of the hearing, you can also contact the counselor on duty, regardless of your income. Before the possession hearing is scheduled, read the court letters and make sure you know how to contact the assessor on duty.
If you are unable to speak to the counselor on duty on the day of the hearing, notify the clerk or judge before the hearing begins; The judge may agree to a postponement of the hearing.
speak to an advisorto find out what legal advice you can get.
Go to your inauguration hearing
You should ensure that you attend the inauguration hearing even if you have not submitted your defense. This is your chance to explain your situation in court.
You can provide any additional evidence you have, for example if you have a new job and can pay some arrears.
If you submitted your defense form and did not attend the hearing, the court can ignore it and simply rely on the landlord's evidence.
You can take someone with you to support you, e.g. B. a friend or family member. They may not be able to speak for you in court.
Get a court decision
The court will tell you if you can stay at home or if you have to go out.
You will usually be informed of your decision on the day of the hearing.
If the court needs more information, it may decide to try the case on another day.
If you don't show up for the hearing, you can find out the court's decision by calling them or speaking to the landlord. The court will also send you a letter informing you whether you need to leave the house.
Even if you have to leave your home, the court can give you more time to find other accommodation.
if you have to go
As a rule, you do not have to leave the house immediately - you will receive a decision from the court as to when you have to leave the house. This is called “absolute ownership”.
You usually have 14 days to leave, but it can take longer.
You can appeal the possessory decision, but only if you can show that errors were made at the possessory hearing. For example, when the court failed to verify the relevant information or applied the wrong law.
You can stop a disposition if your circumstances change, e.g. B. If you start receiving benefits and are late in paying your rent. This is referred to as "holding" a tenure. Whether you can do this depends on the properties that the landlord uses.
Contact the nearest citizen servicewhen you receive a writ of possession.
If you couldn't go to the hearing
If you were unable to attend the court hearing, the court may reconsider your case.
Contact the nearest citizen servicefor help if you are unable to attend the court hearing.
If you can stay at home
If the court agrees with your defense, it may decide:
- allow you to stay in your home if you meet certain conditions, such as paying off your debts; This is known as the "remain" ownership order
- reject the case of your landlord - this means that you stay in your house and do not have to fulfill any conditions
You can only stop a possession order if the owner has used Reasons 9-17. Because it is discretionary.
You may have to pay court fees; The judge will tell you how much.
You can also change an order at a later date, for example if you can no longer meet the terms of the order.
If you don't leave the house
If you have been notified that bailiffs are coming to your home, get help from your nearest Citizens Advice Bureau immediately.
Your landlord must obtain an eviction notice from the court if you do not move out before the eviction notice date. This means they can ask the court to send "policemen" to force you to get kicked out.
Bailiffs are also called bailiffs. Bailiffs are appointed by the court to help landlords recover their property.
Sheriffs must issue you with an eviction notice with the date and time of your eviction. They must give you at least 14 days' notice before they vacate you.
Depending on which property the landlord used, you may be able to apply to the court again to postpone the move-out date. For example, if you can now pay off your debts in a reasonable time.
Sheriffs shouldn't fire you if you:
- Have symptoms of or have tested positive for the coronavirus
- waiting for the result of a coronavirus test
- The NHS has told you to self-isolate or you will need to quarantine to travel
If you find yourself in one of these situations, you must inform the court and the bailiff; Your contact details will appear on the eviction notice. They will agree on another time to kick you out; They must give you an additional 7 days notice.
If your landlord forces you to move without an eviction notice
It's likely an illegal eviction if your landlord is forcing you to:
- changing locks
- Prevent you from using any part of your home
- Threatening or physically harassing you in order to get you to leave
- turn off the water or electricity supply
In this case you must report it to the police.