Section 8 Notices: A Complete Guide for Landlords and Tenants

What is a Section 8 Notice?

A Section 8 notice is one of the two principal statutory routes a landlord in England and Wales can use to seek possession of a residential property let on an assured or assured shorthold tenancy. Unlike a Section 21 notice, which provides a “no-fault” route to possession, a Section 8 notice is grounds-based, meaning the landlord must rely on one or more of the statutory grounds set out in Schedule 2 to the Housing Act 1988. This guide explains when a Section 8 notice can be used, what it must contain, the applicable notice periods, and what landlords and tenants can expect if the matter proceeds to court.

From 1 May 2026 landlords in England will no longer be able to use “no‑fault” evictions under section 21 of the Housing Act 1988, a key change under the Renters’ Rights Act. This means that the only reliable route a landlord will have for repossession is via a grounds‑based notice under section 8.

When can a section 8 notice be served?

A section 8 notice can be served when a landlord believes the tenant has breached the tenancy agreement or another statutory ground applies. The most common reasons include:

• Serious rent arrears
• Persistent late payment of rent
• Breach of tenancy terms
• Causing nuisance or antisocial behaviour
• Damage to the property
• The landlord requiring the property back for statutory reasons

The key feature of the section 8 route is that the landlord must prove the ground(s) relied upon if the case proceeds to court.

Mandatory and discretionary grounds for possession

Schedule 2 of the Housing Act 1988 sets out 17 grounds for possession, divided into two categories.

2.1 Mandatory grounds

If the court is satisfied a mandatory ground is made out, it must make a possession order. The most commonly used ground is:

• Ground 8 – Serious rent arrears: At least two months’ rent must be unpaid both when the notice is served and on the date of the hearing.

Other mandatory grounds include:

• Ground 1 – The landlord previously lived in the property and intends to return
• Ground 2 – Mortgage lender is repossessing the property
• Grounds 3 to 5 – Certain short-term lets or essential occupation by the landlord

2.2 Discretionary grounds

For discretionary grounds, the court will decide whether to grant possession based on the facts and reasonableness. Common examples include:

• Ground 10 – Some rent arrears (present on the notice or hearing date)
• Ground 11 – Persistent delays in rent payment
• Ground 12 – Breach of tenancy conditions
• Ground 13 – Damage to the property
• Ground 14 – Causing nuisance or antisocial behaviour

2.3 Selecting the appropriate grounds

Landlords may rely on multiple grounds in one notice. This can be helpful where both arrears and behaviour issues are present. Each ground must be clearly stated, with supporting evidence for each.

Notice requirements

To be valid, a section 8 notice must:

• Be served using the current prescribed Form 3
• Accurately state the ground(s) relied upon
• Specify the correct notice period
• Set out a clear explanation of the landlord’s case
• Include the tenant’s full name(s) and the correct tenancy address

Service must comply with the tenancy agreement. Common methods include:

• First-class post
• Hand delivery
• Email (only if explicitly permitted)
• Via managing agent

Landlords should keep proof of service, such as a certificate of posting or witness statement.

Notice periods

The required notice period depends on the ground(s) used. Examples include:

• Ground 8, 10 or 11 (rent arrears): Two weeks
• Ground 12 (tenancy breach): Two weeks
• Ground 14 (antisocial behaviour): No minimum notice – proceedings may begin immediately
• Grounds 1–5 (landlord’s circumstances): Two months

Notice periods can change under new legislation, so it’s important to check current requirements before serving.

Completing Form 3

Form 3 requires the landlord to provide:

• The statutory ground(s) for possession
• Factual details to support those grounds
• The correct notice period
• Tenant and property information
• The earliest date proceedings may begin

In rent arrears cases, attach a rent schedule showing:

• Each rent due date
• Payments made and missed
• Running arrears balance

After the notice is served

During the notice period:

• Tenants may remedy the breach (e.g. repay arrears), but the landlord can still proceed
• Landlords should keep detailed records of payments and correspondence
• The parties may negotiate a payment plan or settlement
• Landlords may choose not to proceed if the breach is resolved, especially for discretionary grounds

Starting possession proceedings

Once the notice period expires, landlords can issue a possession claim in the County Court. Section 8 claims follow the standard possession procedure (not the accelerated route).

To begin a claim, the landlord must:

• Submit a claim form and particulars of claim
• Provide supporting evidence (e.g. tenancy agreement, arrears schedule, witness statements)
• Pay the court fee

A hearing date will be listed, allowing both parties to present their case.

The court hearing and possible outcomes

At the hearing, the judge will review the evidence and decide whether the grounds are made out.

Possible outcomes include:

• Outright possession order – Tenant must vacate (usually within 14 days, or up to six weeks if hardship is shown)
• Suspended/postponed possession order – Common for discretionary grounds; tenant may stay if conditions are met
• Adjournment – For further evidence or due to changing circumstances
• Dismissal – If the landlord fails to prove the case

Money judgments

In arrears cases, the court may also issue a money judgment for the unpaid rent, which can be enforced separately.

Enforcement

If the tenant fails to comply with a possession order, the landlord must apply for enforcement via:

• County Court bailiffs
• High Court Enforcement Officers (with permission)

Timelines vary based on court availability and enforcement method.

Practical tips for landlords

• Keep full records of rent payments, communications and notices
• Act promptly when arrears begin to build
• Choose the correct grounds and describe them clearly
• Use the current version of Form 3
• Ensure all evidence is ready before starting proceedings

Common pitfalls

• Using an outdated version of Form 3
• Serving the wrong notice period
• Miscalculating arrears or submitting an incomplete rent schedule
• Incorrect service method
• Relying on discretionary grounds without strong evidence

These errors can delay or derail possession claims.

Useful templates and resources

• Latest government Form 3 (GOV.UK)

What landlords should do now

Although the changes will not take effect until 1 May 2026, landlords who may need possession of their property in the near future should take advice as early as possible. The abolition of section 21 will mean greater reliance on the court system, which is already experiencing delays.

Our solicitors offer a free, no-obligation call and would be happy to discuss your situation.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811