A section 8 notice is used by landlords in England and Wales to terminate an assured shorthold tenancy (AST) when a tenant has breached the agreement.
The OpenRent AST refers to this at several points:
- The Obligations of the Tenant are prefaced by the statement that if these obligations are breached, 'the Landlord may be entitled to deduct monies from the Deposit, claim damages from the Tenant, and/or seek the court's permission to have the Tenant evicted from the Premises because of the breach.' This makes clear that eviction is a potential penalty for breach of the agreement. It isn't necessary to specify exactly what mechanism (e.g. a s.8 notice) would be used.
- 12.1 reiterates this and adds more detail. Housing Act 1988, Schedule 2 (mentioned in this clause) is the place where the s.8 grounds are detailed. The landlord's rights under this clause are subject to obtaining a Court Order, which would be sought under a s.8 notice.
- Clause 13.5 gives details of two grounds that need to be notified to tenants in advance, otherwise they can't be used. We therefore include grounds 1-2 by default, to enable them to be used where applicable. Most s.8 grounds (e.g. 8, 10 and 11 for rent arrears) don't need to be pre-notified specifically.