s8 Serving Notice
The time frame for an eviction notice served under s8 can vary from 2 weeks to two months as it depends on the grounds that are being used. Most s8 notices provide the legal meaning of all 20 grounds but landlords must clearly state which ones they are using and why. Even if the grounds that are not required are scored out, an explanation for the ones that are being relied upon must be supplied.
The notice itself is served on a specific form, that of a Form 3: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. Notices must be signed either by the landlord or their agent and expiry date must inserted allowing time for the notice to be received by the tenant. Any decent tenancy agreements will allow the time frame for delivery via first class post but if the tenancy agreement makes no reference in this area then it is highly advisable for the notice to be served in person and placed in the hands of the tenant. This makes the notice commence immediately.
If the tenant refuses to leave on the date specified in the notice then the landlord will need to apply to the courts for a ‘possession order’ and if the tenant stays beyond the date of the possession order the landlord will then need to apply for a warrant of possession (N325 form) where bailiffs will be used to evict the tenant.