Section 8 help please

Landlord Discussion Legal
1

Morning. Hope everyone is doing well.

I am planning to sell my house, so I am issuing Section 8 Form 3A.

Could some kind soul help me out and put what I need to enter in 4.2 and 4.3 of the form please? I don’t want to get it wrong.

I really appreciate any assistance. Thank you

2

4.2 is easy. You just type in the full text of ground 1A from the housing act 1988 schedule 2. 4.3 is more difficult. Its very new and I have little idea about how much evidence of your intention to sell is required. If I were you I would ask one of the landlord associations as they may have more information from Government on this.

This is what one of them says:

“You should include as much evidence as possible. This is the place for short particulars, outlining why the landlord qualifies for the relevant ground, and stating that the tenancy began at least one year before the date in Question 2.1.”

3

Hi David. Thanks for the reply. I will have to look into 4.3 in more depth. Hopefully someone with experience can chime in.

Regarding 4.2, do I just copy everything exactly as it is below?

Ground 1A
The following conditions are met —
(a) the landlord who is seeking possession intends to sell a freehold or
leasehold interest in the dwelling-house or to grant a lease of the
dwelling-house for a term certain of more than 21 years which is not
terminable before the end of that term by notice given by or to the
landlord;
(b) the assured tenancy on which the dwelling-house is let did not come
into being by virtue of any provision of Schedule 1 to the Rent Act 1977
or section 4 of the Rent (Agriculture) Act 1976;
(c) either —
(i) the current tenancy began at least 1 year before the relevant
date, or
(ii) at the relevant date, notice of a compulsory acquisition in
relation to the dwelling-house has been given, the landlord
intends to sell their interest in the dwelling-house to the
acquiring authority and the acquiring authority intends to acquire
it;
(d) the landlord seeking possession is not —
(i) a non-profit registered provider of social housing,
(ii) a body registered as a social landlord in the register maintained
under section 1 of the Housing Act 1996,
(iii) a body registered as a social landlord in the register kept under
section 20(1) of the Housing (Scotland) Act 2010,
(iv) a housing trust, within the meaning of the Housing Associations
Act 1985, which is a charity, or
(v) where the dwelling-house is social housing within the meaning
of Part 2 of the Housing and Regeneration Act 2008, a profit-
making registered provider of social housing.
In paragraph (c)(ii), “sell” includes transfer.
When calculating whether the current tenancy began at least 1 year before
the relevant date, both —
(a) the day when the current tenancy began, and
(b) the relevant date,
must be included in the calculation.

4

@John243

OR have published a sample template here

Source: OpenRent https://share.google/Xsr2n5eOeeRjHWRp2

I would suggest including as much evidence as possible demonstrating you plan to sell eg valuations obtained by estate agents, a contract with an agent agreeing for them to market it, anything else relevant eg if you are selling because your mortgage deal is due to end in year and you want to sell before that and have correspondence with an agent to say so, any previous correspondence with tenant indicating planning to sell, instructions to a solicitor, etc

Good luck

1 Like
5

Thanks so much, David! I appreciate it. I wasn’t planning to sell or advertise until the tenant has left, as they are trouble makers. Do you think stating that I already have a valuation online and which solicitors/estate agent I intend to use will be good enough?

Thanks

1 Like
6

Well RRA has only been going 5 1/2 months and there 's 4 months notice so very few cases will have got as far as an application for possession granted or refused, so nobody is likely to know how much or what evidence needed. You can get valuations and appoint people now, even if you tell them nor to start marketing etc till later. I’m sure the more you provide the better.

Google suggests the following

Best

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Key Evidence Needed for Ground 1A

Landlords should compile a robust file of documentation to prove their intent to sell:

  • Estate Agent Appraisal or Instruction Letter: Written confirmation, market appraisals, or a formal signed contract/instruction letter showing you have hired an estate agent to market the property. [1, 2]
  • Draft Sales Listing or Marketing Proof: Copies of draft sales particulars, proposed online property listings (e.g., Rightmove or Zoopla mock-ups), or photographs of “For Sale” boards. [1]
  • Solicitor / Conveyancing Details: Written instructions or correspondence with a solicitor or conveyancer handling the sale of the property. [1, 2]
  • Financial or Mortgage Documentation: Evidence of a mortgage refusal, a need to liquidate assets, or financial papers demonstrating why a sale is necessary or planned. [1, 2]
  • Title Documents: Official Land Registry title deeds proving you own the freehold or a qualifying long lease (fixed term over 21 years) directly as an individual/landlord. [1, 2]
  • Landlord Witness Statement: A formal, signed witness statement detailing the timeline, the decision to sell, and steps taken so far. [1]
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7

Thanks again, David. Last question. In regards to all the suggested files/documentation suggested above. I take it I would only need that for the possession stage? I don’t need any of that to submit my section 8 to the tenant do I?

8

@John243 well it’s up to you, at the possession stage copies go to the court and to the tenant

I don’t see why you wouldn’t list everything possible now - you can supply actual copies when obtained later as part of the application for possession.

The more evidence you indicate you have (whether or not you actually have it yet) the less likely a legal aid person is to tell the tenant ‘they don’t have evidence, challenge it’ but as you imply, what you give to tenant at this point may make no difference

Good luck

1 Like
9

Thanks, David. So the 4.3 section on the Section 8 Form 3A should look something like this?

Ground 1A

I confirm that I intend to sell the property. I am a private landlord.
Marketing will begin as soon as the tenant has vacated.
I have already obtained an online valuation.
My solicitor ******** will be handling the sale of the property.
The current tenancy began at least 1 year before the relevant date

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10

No, you don’t need any of that for form 3A, in fact the advice I’ve heard is don’t send too much. Keep it simple and brief.

2 Likes
11

Would the below do it or would you take out even more?

I confirm that I intend to sell the property. I am a private landlord.
Marketing will begin as soon as the tenant has vacated.
The current tenancy began at least 1 year before the relevant date

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12

Also, what about the date, David? That doesn’t seem clear either.

If you are signing and dating the form the 1st of May for example, what would you put in the earliest date to apply for possession if you are selling the house?

13

@John243

Not sure what’s unclear. The guidance says 4 months notice for s8 ground 1. If you are serving by post as well as email (assuming that’s allowed by the tenancy agreemen), maybe add a few days to be safe so there is no dispute about exactly when it was served and that there was 4 months notice given. So notice issued on 1 may with date 5 sep, say, ought to be fine. But @David122 may know more or ask nrla

Best

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Ground 1A notice period

You must give 4 months’ notice before you can apply to the court for a possession order to evict your tenant. You can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12 month period has ended.