Section 8 Notice

The grounds in Schedule 2 split into mandatory grounds, where the court must order possession if the ground is proved, and discretionary grounds, where the court can decline if it would not be reasonable to evict. Rent arrears grounds and the antisocial behaviour ground are the ones used most often. A landlord must use the prescribed form, state every ground relied on, and give the notice period that ground requires. Since the Renters' Rights Act 2025 abolished Section 21 on 1 May 2026, Section 8 is the only route to possession in England.

What it means in practice. A Section 8 notice is a warning shot, not an eviction. Once the notice period expires the landlord must issue a possession claim in the county court, prove the ground at a hearing, and then — if the tenant still does not leave — apply for a warrant so that county court bailiffs carry out the eviction. Changing the locks, removing belongings, or cutting off services instead is illegal eviction and a criminal offence under the Protection from Eviction Act 1977.

A worked example. Marcus falls behind on rent after his hours are cut. His landlord serves a Section 8 notice relying on both the mandatory serious-arrears ground and the discretionary arrears grounds. Marcus applies for a Discretionary Housing Payment, gets his Universal Credit housing element corrected and backdated, and clears enough of the arrears before the hearing that the mandatory ground is no longer made out. The judge, exercising discretion on the remaining grounds, makes a suspended possession order on terms that Marcus pays the current rent plus a set sum each month. He keeps his home.

Common pitfalls. For tenants, the worst mistake is doing nothing: possession claims are decided on the papers plus a short hearing, and a tenant who does not file a defence or attend usually loses. For landlords, defective notices are the standard failure — the wrong form, arrears figures that do not match the rent account, grounds not spelled out, or a notice period that is too short. Under the Renters' Rights Act 2025 most grounds now require four months' notice, with only the most serious grounds carrying periods of two to four weeks, and the serious rent arrears ground requires at least three months' arrears at both the notice date and the hearing.

How it relates to other terms. Section 8 now operates against assured and periodic tenancies, since the assured shorthold tenancy was abolished. A landlord who evicts outside this process commits illegal eviction, which can also support a Rent Repayment Order. Where the arrears are caused by disrepair or a failure of fitness for human habitation, a counterclaim can reduce or extinguish what is owed.

What to do next. Read our Section 8 notice guide to check the notice you have been served, then Section 8 grounds explained for what the landlord must prove. Our guide to the Renters' Rights Act 2025 sets out the current notice periods. Get advice immediately — never wait for the court date.