Section 8 notices: a complete guide for landlords and tenants

Shilpa Mathuradas

Since the Renters’ Rights Act 2025 came into force on 1 May 2026, section 8 of the Housing Act 1988 has become the only statutory route for a landlord to recover possession of a residential property in England. Section 21 “no-fault” notices have been abolished.

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.

For wider context, see our overview of the Renters’ Rights Act 2025. If you served a section 21 notice before 1 May 2026, see our guide to the transitional deadlines.

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 where 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 a statutory reason

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

Mandatory and discretionary grounds

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

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. The amended ground also covers repeated serious arrears, where the tenant has been at least two months in arrears on three occasions within three years.

Other mandatory grounds include:

• Ground 1: landlord or family member to occupy the property (two months’ notice)
• Ground 1A: sale of property (two months’ notice). A new ground introduced by the Renters’ Rights Act 2025
• Ground 2: mortgage lender is repossessing the property
• Grounds 3 to 5: certain short-term lets or essential occupation by the landlord

Discretionary grounds

For discretionary grounds, the court decides whether to grant possession based on the facts and what is reasonable. 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. The definition has been broadened to include conduct “capable of causing nuisance or annoyance”, with immediate notice

Selecting the appropriate grounds

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

Notice requirements

To be valid, a section 8 notice must:

• Be served using the current prescribed Form 3
• Accurately state the ground(s) relied on
• 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 a 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): four weeks for ground 8, two weeks for grounds 10 and 11
• Ground 12 (tenancy breach): two weeks
• Ground 14 (antisocial behaviour): no minimum notice. Proceedings can begin immediately
• Grounds 1 and 1A (landlord’s circumstances or sale): two months

Always check the current Form 3 and statutory guidance before serving, as notice periods can be updated by regulation.

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, for example by repaying arrears. The landlord can still proceed on a mandatory ground if the threshold remains met at the hearing
• 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, the landlord can issue a possession claim in the County Court. Section 8 claims follow the standard possession procedure.

To begin a claim, the landlord must:

• Submit a claim form and particulars of claim
• Provide supporting evidence (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 or postponed possession order: common for discretionary grounds. The 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

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. A landlord must not attempt to remove a tenant personally. Doing so is a criminal offence.

The Information Sheet: a separate obligation every landlord must meet

Quite apart from any possession plans, every landlord must give their tenants “The Renters’ Rights Act Information Sheet 2026” on or before 31 May 2026. The penalty for non-compliance is up to £7,000 per tenancy. The official document is available to download from gov.uk.

If the tenancy has no written agreement, the landlord must also provide certain written information about the tenancy by the same deadline.

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)

Speak to our property litigation team

Whether you are a landlord considering a section 8 notice or a tenant who has been served one, our property litigation solicitors can advise on the grounds, the process and your options.

Call us on 020 7485 8811 or contact us online to speak to a member of the team.