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A Section 8 notice can be served on a tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST). However, if the grounds involve rent arrears, the notice can only be issued after a certain amount is unpaid."For example, if rent is payable monthly, the amount is two months' rent, and the court is obliged to give the landlord possession of the property if this amount is unpaid on the court hearing date," says Freddie Jackson, an associate at the Kent-based law firm Cripps Harries Hall."However, if the tenant were to pay the rent arrears just before the court hearing so that less than two months' rent is due, the decision would be at the discretion of the judge who may well give the tenant a second chance."The other notice that can be served on a tenant is under Section 21 of the 1988 Housing Act.