A Section 8 eviction notice is a formal legal mechanism that allows landlords to seek possession of a property during the term of a tenancy when the tenant has breached the tenancy agreement or when certain statutory grounds apply. Unlike a Section 21 notice, which allows landlords to regain possession without giving a reason, a Section 8 notice requires the landlord to prove one or more specific grounds for possession.
This article provides a guide to Section 8 notices, focusing on the grounds for possession, the procedural requirements, and the upcoming changes under the Renters’ Rights Act.
Whether you are a professional landlord managing a portfolio or a first-time landlord navigating the process for the first time, understanding the legal framework is essential to avoid delays, disputes, and invalid notices.
Changes in May 2026 – Renters’ Rights Act and Section 8
The main tenancy reform provisions of the Renters’ Rights Act 2025 come into force on 1st May 2026, introducing new grounds for possession, amending notice periods, and abolishing assured shorthold tenancies and Section 21 notices.
This article explains the law as it stands today and highlights the 2026 changes where relevant. Landlords should ensure they are using the updated Section 8 rules once they apply.
Read our related blog (Royal Assent for The Renters’ Rights Act 2025 - A Landlord Guide) for more on the tenancy reform and what it means for landlords.
For official guidance on the upcoming reform, seethe government’s Guide to the Renters’ Rights Act.
What is a Section 8 Notice?
A Section 8 notice is a statutory notice served under Section 8 of the Housing Act 1988, informing a tenant that the landlord intends to seek possession of the property based on one or more legal grounds. It can be used during:
- A fixed-term tenancy, and
- A periodic tenancy (statutory or contractual).
To rely on Section 8, the landlord must:
- Identify the correct ground(s) for possession.
- Provide the required notice period.
- Use the prescribed form.
- Supply all mandatory information.
A Section 8 notice operates very differently from a Section 21 notice, particularly in the reasons and evidence required.
See our related blogs: The Difference Between Section 8 & Section 21 - For Landlords and Section 8 v Section 21 Notice - Legal Requirements Before Notice.
Legal Update Alert – From 1 May 2026
The Renters’ Rights Act will abolish both fixed-term tenancies and assured shorthold tenancies. All private rented sector tenancies will convert into rolling assured periodic tenancies.
This reform also removes Section 21. All evictions must proceed under Section 8, and landlords must demonstrate a statutory ground.
Understanding the Grounds for Possession
Under the current law, Schedule 2 of the Housing Act 1988 sets out 21 statutory grounds for possession that a landlord may rely on when serving a Section 8 eviction notice. These grounds fall into two categories:
- Mandatory grounds, where the court must grant possession once proven.
- Discretionary grounds, where the court may grant possession if reasonable (but is not required to do so).
For a Section 8 notice to be valid, it must:
- Be in writing
- Clearly identify the ground(s) relied upon
- Give the correct notice period
- Use the prescribed form (currently Form 3)
- Be properly served
For a more detailed breakdown of the form, content, and legal requirements of a valid Section 8 notice, see our related blog Section 8 Eviction Notice - Your Guide to Possession Proceedings.
Legal Update Alert – From 1 May 2026
The Renters’ Rights Act introduces new grounds, amends existing ones, and updates notice periods. Landlords must ensure they rely on the correct post-reform grounds.
Mandatory Grounds for Possession
Mandatory grounds require the court to grant possession once the landlord proves the ground exists.
Ground 1 – Landlord Needs the Property for Their Own Use
The landlord (or their spouse or civil partner) intends to occupy the property as their only or principal home. The landlord must have given the tenant written notice before the tenancy began that Ground 1 may be used, unless the court decides it is just and fair to dispense with that requirement.
Legal Update Alert – From 1 May 2026
Ground 1 will expand, and new Grounds 1A and 1B will allow possession where a close family member intends to move in or where the landlord intends to sell. The requirement to inform the tenant before the tenancy began will be removed.
Ground 2 – Repossession by the Landlord’s Mortgage Lender
The property must be subject to a mortgage that was granted before the tenancy began, and the lender must be entitled to exercise a power of sale. Again, the landlord must have given the tenant written notice before the tenancy started that Ground 2 may be used.
Legal Update Alert – From 1 May 2026
Ground 2 will be updated to reflect the new possession regime. Mortgage lenders will retain the ability to recover possession, but the notice requirements and procedural steps will be aligned with the new tenancy framework. New Grounds 2ZA, 2ZB, 2ZC and 2ZD will also apply where a superior landlord seeks possession of a lease granted for more than 21 years.
Ground 3 – Short-term Holiday Let
Applies where the property was previously a holiday let and is required again for that purpose. The tenancy must not exceed eight months.
Legal Update Alert – From 1 May 2026
Ground 4 – Student Accommodation
The property is owned by an educational institution and is required to house students.
Legal Update Alert – From 1 May 2026
Ground 4 will be amended and apply only to purpose‑built student accommodation. A new Ground 4A will apply to HMOs let to students, allowing landlords to recover possession at the end of the academic year.
Ground 5 – Minister of Religion
The property is needed to house a minister of religion so they can perform their duties.
Legal Update Alert – From 1 May 2026
Landlords will no longer need to notify the tenant at the start of the tenancy that they may rely on Ground 5.
New Grounds 5A–5H will apply to specialist accommodation providers where the tenant no longer meets eligibility criteria (e.g. linked employment, support services, or charitable purpose).
Ground 6 – Redevelopment
The landlord intends to demolish or substantially reconstruct the property. Compensation may be payable to the tenant.
Legal Update Alert – From 1 May 2026
Ground 6 will remain available, but it will operate within the new tenancy framework and updated notice periods. Additionally, two new related grounds will be introduced:
- Ground 6A – Possession of alternative accommodation during redevelopment
This new ground allows landlords to recover possession where they have provided the tenant with suitable alternative accommodation so that redevelopment works can be carried out.
- Ground 6B – Possession to comply with enforcement action
This new ground applies where a landlord must recover possession to comply with a statutory enforcement notice, such as action required by a local authority relating to safety, hazards, or regulatory breaches.
Ground 7 – Death of the Tenant
The tenancy has passed to someone who is not entitled to succeed under the tenancy agreement or the law. Proceedings must begin within 12 months of the tenant’s death.
Legal Update Alert – From 1 May 2026
Ground 7 will be amended so that landlords can bring possession proceedings within 12 months of becoming aware of the tenant’s death, rather than within 12 months of the death itself.
Ground 7A – Serious Anti-Social Behaviour
Covers serious criminal behaviour, breaches of injunctions, and closure orders. This ground carries a four-week notice period.
Legal Update Alert – From 1 May 2026
Ground 7A will be strengthened, with shorter notice periods and streamlined procedures for cases involving serious anti-social behaviour.
Ground 7B – No Right to Rent
This ground applies where the tenant, or all the tenants in a joint tenancy, do not have a valid Right to Rent under immigration legislation. The Home Office must have served the landlord with a notice confirming that the tenant is disqualified from renting. This is a mandatory ground, meaning the court must grant possession once the landlord proves the Home Office notice.
Ground 8 – Serious Rent Arrears
The tenant must owe:
- At least two months’ rent (monthly tenancy), or
- At least eight weeks’ rent (weekly tenancy)
Arrears must exist both when the notice is served and at the court hearing.
For further details on how the mandatory grounds operate in practice, read our related blog: Section 8 Mandatory Grounds for Possession - An Eviction Guide.
Legal Update Alert – From 1 May 2026
The rent arrears threshold for Ground 8 will increase to three months or thirteen weeks, and the notice period will increase from two weeks to four. Arrears that exist only because the tenant has not yet received their Universal Credit housing element must be disregarded when calculating unpaid rent.
Discretionary Grounds for Possession
Discretionary grounds allow the court to consider the circumstances and decide whether possession is reasonable, even if the landlord proves the grounds are present. These grounds are:
Ground 9 – Suitable Alternative Accommodation
The landlord can provide suitable alternative accommodation for the tenant.
Ground 10 – Some Rent Arrears
The tenant is in arrears at the date of service and at the hearing, but the arrears do not meet the Ground 8 threshold.
Ground 11 – Persistent Delay in Paying Rent
Covers repeated late payment, even if the tenant is not currently in arrears.
Ground 12 – Breach of Tenancy Agreement
Any breach other than rent arrears, such as keeping pets without permission or subletting unlawfully.
Ground 13 – Deterioration of the Property
The tenant or someone living with them has damaged the property.
Ground 14 – Nuisance or Annoyance
Covers anti-social behaviour, nuisance, or illegal use of the property. This ground can carry an immediate notice period.
Legal Update Alert – From 1 May 2026
Ground 14 will be strengthened, with shorter notice periods and updated definitions of anti‑social behaviour to support faster possession claims.
Ground 14A – Domestic Abuse
Applies where one partner has left the property due to domestic abuse by the other. This ground is available only to social landlords.
Legal Update Alert – From 1 May 2026
Ground 14A will continue to apply only to social landlords, but notice periods and procedural rules will be updated.
Ground 14ZA – Riot
This can be used by landlords in England when the tenant has been convicted of an offence during a riot in the UK.
Ground 15 – Damage to Furniture
Damage to the landlord’s furniture in a furnished property.
Ground 16 – Employee of the Landlord
The tenant was employed by the landlord, and the employment has ended.
Legal Update Alert – From 1 May 2026
Ground 16 will be renumbered as Ground 5C and become a mandatory ground for possession, meaning the court must grant possession once the landlord proves that the tenancy was granted in connection with the tenant’s employment and that the employment has now ended. This change aligns Ground 5C with the new suite of specialist accommodation grounds introduced for supported and employment-linked housing.
Ground 17 – False Statement
The tenancy was granted based on a false statement made by the tenant.
Legal Update Alert – From 1 May 2026
Ground 17 will remain available, but notice periods and procedural rules will be updated to align with the new tenancy framework.
In addition, a new Ground 18 will be introduced. This ground applies to supported accommodation where the tenant has unreasonably refused to co-operate with the support provider in relation to the support services being delivered.
What the Court Considers When Assessing Discretionary Grounds for Section 8 Notices
When deciding whether to grant possession based on the discretionary grounds given, the court will consider the following factors:
- The seriousness of the breach, including how long it has continued and whether it has caused harm or disruption.
- The tenant’s conduct, both before and after the breach, and any steps they have taken to address the issue.
- Whether the breach can be remedied, such as clearing arrears, repairing damage, or complying with tenancy terms going forward.
- The impact on neighbours, the wider community, and the overall management of the property.
- The landlord’s evidence, including records, correspondence, and the proportionality of their response.
- Whether possession is reasonable, taking into account the tenant’s circumstances, any vulnerabilities, and whether a lesser measure could resolve the problem.
Serving a Section 8 Notice
To serve a valid Section 8 notice, landlords must follow the correct procedure.
The Correct Form
The notice must be served on Form 3 (or the updated form from May 2026). Landlords must clearly state which grounds they are seeking possession under.
Notice Periods
The notice must specify when the tenant must leave. After that date, the landlord may begin court proceedings for possession. Notice periods vary depending on the ground relied on.
| Ground Number | UK legal name | Notice Period | Changes Due May 1st (1 May 2026) |
|---|---|---|---|
| 1 | Owner occupier | 2 months | Notice becomes 4 months; broadened to “occupation by landlord or family” + can’t be used in the first 12 months of tenancy. |
| 2 | Repossession by the landlord’s lender | 2 months | Reformed as “sale by mortgagee”; notice becomes 4 months. |
| 3 | Holiday let | 2 weeks | Removed. |
| 4 | Student accommodation | 2 weeks | Notice stays 2 weeks; amended rules (incl. notification requirement changes). |
| 4A | Properties rented to students for occupation by new students | N/A (new) | New ground: 4 months. |
| 5 | Minister of religion | 2 months | Notice stays 2 months; no longer need to warn at start of tenancy. |
| 5A | Occupation by agricultural worker | N/A (new) | New ground: 2 months. |
| 5B | Occupation by person who meets employment requirements | N/A (new) | New ground: 2 months (PRS; social sector timing differs). |
| 5C | End of employment by the landlord | N/A (new) | New ground: 2 months (this is the Act’s replacement for current Ground 16 in PRS). |
| 5D | End of employment requirements | N/A (new) | New ground: 2 months (social-sector commencement stated as 2027). |
| 5E | Occupation as supported accommodation | N/A (new) | New ground: 4 weeks. |
| 5F | Dwelling-house occupied as supported accommodation | N/A (new) | New ground: 4 weeks. |
| 5G | Tenancy granted for homelessness duty | N/A (new) | New ground: 4 weeks. |
| 5H | Occupation as “stepping stone accommodation” | N/A (new) | New ground: 2 months. |
| 6 | Redevelopment | 2 months | Notice becomes 4 months (PRS). |
| 7 | Death of tenant | 2 months | Notice stays 2 months; ground significantly narrowed for PRS (succession-related limits). |
| 7A | Antisocial behaviour | 1 month (fixed term) / 4 weeks (periodic) | No minimum notice period (you can apply immediately), but the court can’t make an order for 14 days from service. |
| 7B | Right to rent | 2 weeks | Notice stays 2 weeks. |
| 8 | Serious rent arrears | 2 weeks | Notice becomes 4 weeks; arrears threshold increases (e.g., monthly: 2→3 months). |
| 9 | Suitable alternative accommodation | 2 months | Notice stays 2 months. |
| 10 | Any rent arrears | 2 weeks | Notice becomes 4 weeks. |
| 11 | Persistent delay in paying rent | 2 weeks | Notice becomes 4 weeks. |
| 12 | Breach of tenancy obligation | 2 weeks | Notice stays 2 weeks. |
| 13 | Deterioration of the property | 2 weeks | Notice stays 2 weeks. |
| 14 | Nuisance, annoyance, illegal or immoral use of the property | None (proceed immediately) | Still no minimum notice period; courts can’t make an order for 14 days from service. |
| 14A | Domestic violence | 2 weeks | Notice stays 2 weeks. |
| 14ZA | Riot | 2 weeks | Notice stays 2 weeks. |
| 15 | Deterioration of furniture | 2 weeks | Notice stays 2 weeks. |
| 16 | Employment-related accommodation | 2 months | Removed/repurposed for PRS: replaced in substance by Ground 5C (mandatory), 2 months. |
| 17 | False statement | 2 weeks | Notice stays 2 weeks |
| 18 | Supported accommodation | N/A (new) | New ground: 4 weeks |
Legal Update Alert – From 1 May 2026
Notice periods will change for several grounds from 1 May, particularly those relating to anti-social behaviour and landlord intention grounds.
How To Serve a Section 8 Eviction Notice
A Section 8 notice may be served in several ways, provided the method complies with the tenancy agreement and ensures the tenant receives it. Common methods include hand delivery, posting the notice to the property, or sending it by email, where the tenancy agreement expressly permits electronic service.
Landlords should retain clear evidence of service. This may include a certificate of posting, a photograph of the notice being delivered, or a short witness statement confirming how and when service took place. Good record-keeping is essential, as the court may require proof that the notice was properly served.
Consequences Of An Invalid Notice
The court may strike out the possession claim if a Section 8 notice is defective, such as if the wrong form was used, the notice period was miscalculated, or the grounds were not set out correctly.
This can lead to significant delays, additional costs, and the need to serve a fresh notice before proceedings can begin again. Ensuring accuracy at the outset is therefore critical.
The Court Process for Evictions
If the tenant does not leave by the expiry of the notice, the landlord must apply to the court for a possession order. The landlord must file a claim form with the particulars of the claim and supporting evidence under Part 55 of the Civil Procedure Rules.
The tenant has the right to defend the claim by challenging the validity of the landlord’s notice, disputing the facts, or raising a counterclaim.
After hearing both parties, the court may:
- Grant outright possession
- Grant suspended possession
- Adjourn the case
- Dismiss the claim
Accelerated possession cannot be used for Section 8 claims, and is only available for Section 21 claims.
Tenant’s Defences against Section 8 Eviction Notices
Tenants can challenge a Section 8 possession claim in several ways. They may argue that the notice is defective, for example, if the landlord used the wrong form, gave the wrong notice period, relied on an incorrect ground, or did not include required information.
They can also dispute the factual basis of the claim, such as contesting the level of arrears, denying any breach, or arguing that alleged damage or anti-social behaviour has been overstated.
Where the property is in disrepair, tenants may raise a counterclaim for damages, ask the court to reduce arrears to reflect the landlord’s failures, or argue that it would be unreasonable to order possession.
A disabled tenant may further contend that the eviction process amounts to unlawful discrimination. For example, if the landlord failed to consider reasonable alternatives, applied policies that place them at a particular disadvantage, or acted in a way that is disproportionate to any legitimate aim, the tenant could contest the eviction as discriminatory.
Courts can assess whether the landlord has complied with equality duties and whether possession would be a justified and proportionate response.
Where the landlord is a public authority, tenants may argue that the decision to seek possession was made unfairly or without proper consideration of their human rights, including respect for their home and family life.
Landlord’s Responsibilities
Landlords have a duty to follow the proper legal process when triggering a section 8 eviction notice, and evidence this with clear and accurate records. They are expected to keep the property in good condition, comply with all safety and licensing requirements, and avoid any action that could amount to retaliatory eviction.
Strong evidence underpins a lawful claim, typically including rent schedules, photographs, inspection notes, and relevant correspondence.
How Witan Can Help
A section 8 eviction notice is a powerful legal tool for landlords, but it must be used correctly. Understanding the grounds for possession, the procedural requirements, and the upcoming changes under the Renters’ Rights Act is essential to avoid delays and ensure a successful claim.
With section 21 being abolished for new tenancies from 1 May 2026, the section 8 eviction notice will become the primary route for regaining possession. Landlords should seek legal advice in any dispute with tenants to make sure any evictions are aligned with the new grounds for possession, updated notice periods, and the revised statutory framework.
If you are unsure which grounds apply, need help preparing evidence, or want to ensure your notice is valid, qualified experts in residential property law can make the process faster, safer, and more effective.
To discuss your needs or request legal support, contact us on 0300 303 2071 or via email.
