Section 8 Notice

Section 8 Notice (from Section 8 of the Housing Act 1988) allows landlords to seek possession based on specific grounds such as rent arrears, breach of tenancy, or antisocial behaviour. Unlike no-fault Section 21, landlords must prove applicable grounds to the court. From 1 May 2026 when Section 21 is abolished, Section 8 becomes the primary eviction route, with new grounds including landlord sale and occupation added by the Renters' Rights Act 2025.

Mandatory vs Discretionary Grounds

Mandatory Grounds

If proven, the court must grant possession:

• Ground 1: Landlord previously lived in property or will move back
• Ground 2: Mortgage lender seeking possession
• Ground 7: Death of former tenant
• Ground 7A: Serious antisocial behaviour
• Ground 8: 2+ months' rent arrears (at notice and hearing)

Discretionary Grounds

Court may grant possession if reasonable:

• Ground 10: Some rent arrears
• Ground 11: Persistent late payment
• Ground 12: Breach of tenancy agreement
• Ground 13: Property deterioration
• Ground 14: Nuisance or antisocial behaviour
• Ground 17: False statement to obtain tenancy

Notice Periods

Section 8 Process

1. Serve notice - Correct form and grounds
2. Wait notice period - Ground-dependent
3. Apply to court - If tenant doesn't leave
4. Attend hearing - Prove grounds apply
5. Obtain possession order - If successful
6. Enforcement - Bailiff if needed

Changes Under Renters' Rights Act 2025

New and strengthened grounds from May 2026:

• New ground: Landlord wants to sell
• New ground: Landlord/family wants to occupy
• Enhanced: Repeated rent arrears
• Enhanced: Antisocial behaviour
• Section 8 becomes main eviction route

For Letting Agents

Section 8 best practices:

• Document all ground evidence carefully
• Use correct notice form
• Serve notice correctly
• Understand which grounds apply
• Consider legal advice for complex cases
• Keep detailed records throughout tenancy