Section 8 Notice and Grounds for Possession

A Section 8 notice is served under section 8 of the Housing Act 1988. It notifies you that your landlord intends to seek possession of the property through the courts, based on one or more of the statutory grounds set out in Schedule 2 to the Act. The notice must be in the prescribed form, specify the ground or grounds relied upon, and give you the required notice period before court proceedings can begin.

The notice period varies depending on which grounds are being used. For a private tenancy in England since 1 May 2026, the notice for the rent-arrears grounds (Grounds 8, 10 and 11) is four weeks. Across all the grounds the period runs from immediately (anti-social behaviour, Grounds 7A and 14, where the date in the notice can be the date it is served) up to four months (for example Grounds 1 and 1A). Where several grounds are cited and neither Ground 7A nor Ground 14 is among them, the longest period applies. Before 1 May 2026 the notice for Grounds 8, 10 and 11 was two weeks. The notice period must expire before the landlord can apply to the court.

Receiving a Section 8 notice does not mean you must leave. You can remain in the property until a court makes a possession order. Even after a possession order, if it is suspended, you may be able to stay provided you comply with its conditions.

When a landlord relies on a mandatory ground and proves it to the court's satisfaction, the court has no discretion — it must order possession. The main mandatory grounds include:

• Ground 8: Rent arrears of at least three months (or thirteen weeks if rent is paid weekly or fortnightly) both at the time of the notice and at the time of the court hearing, for private tenancies in England since 1 May 2026. The threshold is two months (eight weeks) for notices served before 1 May 2026 and for housing association assured tenancies. This is the most commonly used mandatory ground.
• Ground 1: On a private tenancy since 1 May 2026, the current tenancy began at least a year before and the landlord requires the property as the only or principal home of the landlord, the landlord's spouse or civil partner, a person the landlord lives with as if married or in a civil partnership, or the landlord's parent, grandparent, sibling, child or grandchild (or a child or grandchild of the landlord's spouse or partner). For notices served before 1 May 2026 and for housing association assured tenancies, the older conditions apply, including that the landlord gave written notice no later than the start of the tenancy that possession might be recovered on this ground (unless the court dispenses with that notice).
• Ground 2: The property is subject to a mortgage and the lender is seeking repossession.
• Grounds 3 and 4: The property was previously let as a holiday let or to students, and is needed for those purposes again.

Because Ground 8 is mandatory, even if the arrears arose through no fault of your own — for example, due to a delay in housing benefit payments — the court must grant possession if the arrears remain at the hearing date. However, on a private tenancy since 1 May 2026, rent that is unpaid only because a Universal Credit housing payment you are entitled to has not been paid yet is ignored when counting the arrears. Paying off arrears before the hearing can defeat a Ground 8 claim.

Discretionary grounds give the court flexibility to consider whether it is reasonable to grant possession. The court may refuse or suspend the order even if the ground is proved. Common discretionary grounds include:

• Ground 10: Some rent lawfully due is unpaid on the date court proceedings begin, and (unless the court dispenses with the notice requirement) rent was also in arrears on the date the notice was served.
• Ground 11: Persistent delay in paying rent, even if arrears are cleared by the hearing.
• Ground 12: Breach of a tenancy obligation other than rent (for example, keeping a pet in breach of a no-pets clause).
• Ground 13: Deterioration of the property due to waste or neglect by the tenant.
• Ground 14: Nuisance or annoyance to neighbours, or conviction for housing-related offences.

If your landlord relies on a discretionary ground, you can argue at the hearing that it would not be reasonable to grant possession — for example, because the breach was minor, has been remedied, or because the impact on you and your family would be disproportionate. Seeking advice from Citizens Advice or Shelter before the hearing is strongly recommended.

You can defend a Section 8 possession claim in court. For discretionary grounds (such as Grounds 10 and 11 for rent arrears), the court must consider whether it is reasonable to grant possession — paying off arrears before the hearing can be a strong defence. For mandatory grounds (such as Ground 8, where rent is at least three months (thirteen weeks for weekly or fortnightly rent) in arrears at both notice and hearing on a private tenancy since 1 May 2026), the court has no discretion and must grant possession.

Common defences include: the notice was not served correctly, the notice period was wrong, the landlord has not complied with their legal obligations (such as deposit protection, gas safety, or licensing), or the circumstances have changed since the notice was served. Get legal advice early — Shelter and Citizens Advice can help.

The Renters' Rights Act 2025 abolished Section 21 no-fault evictions and substantially reformed the Section 8 grounds for possession in Schedule 2 to the Housing Act 1988. Because new possession claims against private tenants must now proceed through Section 8, these reforms are critical to understand.

Key mandatory grounds after the Act

The Act added and reformed mandatory grounds to take the place of Section 21. The most significant for private tenants are:

• Ground 1 (reformed) — Landlord or close family member requires the property as their main home: This is a mandatory ground. On a private tenancy since 1 May 2026, the current tenancy must have begun at least a year before and the landlord must require the property as the only or principal home of the landlord or a specified close family member. A minimum notice period of four months applies. The landlord cannot rely on this ground within the first year of the tenancy.
• Ground 1A — Landlord intends to sell the property: A new mandatory ground. The landlord must intend to sell, and the current tenancy must have begun at least a year before (there is a narrow exception where the property is being compulsorily purchased). A minimum notice period of four months applies.
• Ground 7A — Serious anti-social behaviour (mandatory; an existing ground, in place since 2014): Where the tenant, or someone living at or visiting the property, has been convicted of a serious offence, or another listed trigger applies (such as a court finding that an anti-social behaviour injunction was breached, or a closure order that kept people out of the home for more than 48 hours).

Changes to existing grounds

The Act also amended existing grounds:

• Ground 8 (rent arrears): For private tenancies in England since 1 May 2026, the threshold for mandatory possession increased from two months to three months' arrears (for monthly rent), or from eight weeks to thirteen weeks (for weekly or fortnightly rent). The notice period for Ground 8 is now four weeks, where it was two weeks before 1 May 2026. On a private tenancy since 1 May 2026, rent that is unpaid only because a Universal Credit housing payment the tenant is entitled to has not been paid yet is ignored when counting the arrears. This gives tenants more time to reduce arrears and prevent mandatory possession.
• Discretionary grounds: The court retains discretion on grounds such as persistent late payment (Ground 11), breach of tenancy terms (Ground 12), and nuisance (Ground 14). Ground 11 (persistent delay in paying rent) is a long-standing discretionary ground that applies whether or not any rent is in arrears when proceedings begin.

What this means for tenants

These reforms mean you cannot be evicted without one of the specified grounds being proved. If you receive a Section 8 notice, check which ground is being relied upon and whether the correct notice period has been given. For new grounds like Ground 1A, ask your landlord for evidence of genuine intent to sell. If a ground is based on incorrect facts, it can be challenged in court.