What is a Section 8 Notice? (And how to serve one)

Originally published: May 2025

Section 21 repossessions will soon disappear now that the Renters’ Rights Act has become law. With no-fault evictions off the table, Section 8 notices is the primary route to regaining possession.

While this won’t be new for larger agencies, for many others, it’s uncharted territory. In fact, 43% of sole agents say they’ve never served a Section 8 notice at all, according to Goodlord’s State of the Letting Industry report 2025.

The challenge is that Section 8 notices are more complex. They rely on specific grounds for possession and must be processed through courts that are already facing significant backlogs.

Not only will complexity and legal costs rise, but landlords will also be out of pocket for longer when tenants are in arrears.

In this blog, we'll teach you everything you need to know about Section 8 notices, while also revealing to you how you can prepare your agency and clients for these changes.

• What is a Section 8 notice? 

• How to serve a Section 8 notice
• How can you best prepare your agency for the changes to eviction notices?
• Conclusion
• FAQs

What is a Section 8 notice?

A Section 8 notice, issued under the Housing Act 1988, allows landlords to end tenancies early, including during a fixed term, when the tenant breaches specific terms of their agreement. Common grounds for this include tenants who are in rent arrears or who use the property as a base for illegal activity.

Unlike Section 21 notices, Section 8 notices must be based on specific legal grounds - either mandatory or discretionary. Mandatory grounds are firm reasons for eviction, while discretionary grounds require letting agents and landlords to provide justification and proof for eviction.

As no-fault evictions are phased out, Section 8 will underpin how possession is regained in practice.

When will Section 21 be scrapped?

The Renters’ Rights Act will be introduced in phases, rather than taking effect all at once. Changes affecting Section 21 will be implemented as part of Phase 1, which will come into force on 1 May, 2026.

From this point, Assured Periodic Tenancies (APTs) will replace Assured Shorthold Tenancies (ASTs) as the default. As a result, every eviction will require a valid legal ground, rather than relying on no-fault possession.

What grounds can be used for a Section 8 notice?

With Section 21 out of the picture, the Renter’s Rights Act introduces several new and amended Section 8 grounds to cover situations previously dealt with under no-fault evictions.

Under Section 8, there are 18 grounds for possession, divided into mandatory and discretionary categories. When acting on behalf of landlords, letting agents must provide evidence for the grounds they cite, and notice periods will vary depending on the situation.

Landlords can issue a Section 8 notice at any point during a tenancy unless the grounds specifically state otherwise. The ground requiring the longest notice period applies if multiple grounds are mentioned.

Mandatory grounds

Grounds 1 to 8 are mandatory and are used in cases of serious breaches or misconduct. This means that if a mandatory ground is proven, the court must grant a possession order to the landlord. The notice periods for these grounds can range from two weeks to four months.

These grounds are:

• Ground 1 (Amended) - If the landlord or a family member wishes to move into the property, this can only be done after the tenancy has exceeded 12 months. Notice: 4 months.
• Ground 1A (New) - If the landlord intends to sell the property, this can only be used after the tenancy has exceeded 12 months. Notice: 4 months.
• Ground 2 - If the mortgage provider wishes to repossess the property. Notice: 4 months.
• Ground 2ZA - 2ZD (New) - If the leasehold has ended and the landlord does not own the freehold. Notice: 4 months.
• Ground 4 - If a property was let to a student by an educational institute for a fixed term of 12 months. Notice: 2 weeks.
• Ground 4A (New) - For student landlords not affiliated with an educational institution who need the property for new student tenants before the academic year starts. Notice: 4 months.
• Ground 5 - If a religious organisation owns the property and needs a minister of religion to live in it. Notice: 2 months.
• Ground 6 - If a landlord wishes to demolish or redevelop the rented property to the extent that the tenant cannot live there. Notice: 4 months.
• Ground 6A (New) - If the landlord needs possession to comply with an enforcement action. Notice: 4 months.
• Ground 7 - If a tenant has passed away, but this cannot be used if a surviving spouse is living on the property. Notice: 2 months.
• Ground 7a - If the tenant has committed "serious anti-social behaviour." Notice: Immediate.
• Ground 7b - If the tenant does not have a right to rent in the property. Notice: 2 weeks.
• Ground 8 (Amended) - ​​If the tenant is at least three months in arrears (or 13 weeks if rent is paid weekly or fortnightly). Notice: 4 weeks.

Discretionary grounds

Grounds 9 to 17 are discretionary and are often used in cases involving minor breaches or tenant misconduct. This means, even if a landlord has proven that the ground applies, the court decides whether it’s reasonable to evict the tenant.

Discretionary grounds include:

• Ground 9 - If a landlord has provided accommodation that is like-for-like for the current tenancy. Notice: 2 months.
• Ground 10 - If the tenant is in rent arrears but is less than ground 8. Notice: 4 weeks.
• Ground 11 - If the tenant is constantly late in paying rent, but is not in rent arrears. Notice: 4 weeks.
• Ground 12 - If the tenant has breached the tenancy agreement, excluding rent payments. Notice: 2 weeks.
• Ground 13 - If the tenant has deteriorated or neglected the landlord's property. Notice: 2 weeks.
• Ground 14 - If the tenant is a nuisance or annoyance to neighbours, or is using the property for illegal or immoral activity. Notice: Immediate.
• Ground 14A (New) - Social landlords can evict a domestic violence perpetrator if the victim has fled. Notice: 2 weeks.
• Ground 14ZA (New) - If the tenant or adult at the property has been convicted of an indictable offence during a UK riot. Notice: 2 weeks.
• Ground 15 - If the tenant caused damage to furniture provided by the landlord. Notice: 2 weeks.
• Ground 17 - If the tenant was given the tenancy with a "false statement." Notice: 2 weeks.
• Ground 18 (New) - The tenancy is for supported accommodation, and the tenant refuses to engage in support. Notice: 4 weeks.

How to serve a Section 8 notice

To serve a Section 8 notice, letting agents and landlords must download and complete Form 3 from the Government website. This form must be served in accordance with the terms of the tenancy agreement.

Agents and landlords should maintain a clear audit trail and, if applicable, solid evidence of tenant breaches to support the grounds for eviction. Missing key information can lead to delays or an invalid notice, potentially allowing tenants to remain in the property.

Suppose the tenants don't leave the property after the allotted notice period, depending on the ground provided. In that case, letting agents and landlords will need to apply to the court for a possession order.

If a landlord or letting agent is unsure, they should seek legal advice on serving a Section 8 notice and the required notice period.

When can a Section 8 notice be served?

A Section 8 notice can be issued anytime after a breach occurs during an assured or assured shorthold tenancy. It can be served if the tenant breaches the terms or if the landlord needs the property for an approved reason.

Each ground has a specific notice period that agents must adhere to. Letting agents and landlords must know the prerequisites for certain Section 8 grounds. It could be considered invalid if the correct information isn’t completed before the section is served.

When is a Section 8 notice not valid?

Letting agents and landlords must ensure all information on Form 3 is complete and correct before issuing it. Essential details include:

• The full names of all tenants
• The address of the property
• The grounds for possession, stated in full
• The correct notice period date

Crucially, the landlord must set out the wording of the ground relied upon in full, not just reference it. Courts have rejected notices where key statutory wording was missing or altered in a way that changed its meaning.

The landlord must also explain how the ground applies to the tenant’s situation. This is known as the Particulars. These should give the tenant enough information to understand the issue and, where possible, the opportunity to put things right. If insufficient detail is provided, the court may strike out the claim.

The court may dismiss the notice if the grounds or notice period are incorrect. For multiple grounds, the longest applicable notice period typically applies. The landlord must also allow time for the notice to be deemed served in line with the Civil Procedure Rules requirements. If they do not allow time for this, the notice period will never be correct.

What happens once a Section 8 is served to a tenant?

Once the landlord serves a valid Section 8 notice, the tenant has until the end of their notice period to stop any breaches of tenancy. At the end of the notice period, the landlord can start court proceedings if their tenants do not stop any breaches or vacate.

This also applies if a landlord wishes to serve a Section 8 notice to either sell the property or move back into it.

If the tenant doesn’t move out, the landlord can apply to the court for a possession order. Tenants may challenge this, presenting a defence to the court or requesting extra time due to “extreme hardship.”

Before the court hearing, agents must compile and submit all relevant case documents electronically.

If the possession order is granted and enforced through a court order, the landlord must seek enforcement if the tenant doesn’t vacate the property. This means that county court bailiffs or High Court Enforcement Officers (HCEOs), if requested in the application, can proceed with eviction, with at least 14 days' notice.

How long does a Section 8 claim take?

Court proceedings can commence once the Section 8 notice period ends. The current government guidelines estimate an 8-week wait for a hearing.

If any cases escalate further and require county court bailiffs or HCEO intervention, a landlord could face longer delays in reclaiming possession of their property.

In high-demand areas, agents and landlords may wait up to nine months for an eviction, potentially resulting in substantial rent arrears for the landlord and, subsequently, for the letting agent.

These timelines are highly likely to increase now that the Renters' Rights Act has become law.

During the Commons Committee Stage of the Act, Conservative MP Jerome Mayhew stressed the need to strengthen the court system before Section 8 becomes the sole eviction process.

Mayhew noted: “When we move to a Section 8 ground, that will require more resources and scrutiny, quite rightly, but without investment in the court system, we will not deliver what either renters or landlords need.”

Despite clarifications from Baroness Taylor of Stevenage during the second reading in the House of Lords, many industry experts believe these concerns remain unaddressed.

How can you best prepare your agency for the changes to eviction notices?

Lettings professionals can take several key steps to future-proof their agencies, including:

Investing in staff training

While a Section 21 notice is still a lever your landlords can pull in the short term, everyone in your organisation needs to know how to serve a Section 8.

After all, landlords are becoming increasingly savvy about the Renters' Rights Act and are likely to ask you questions about it, if they haven't already. Being unable to answer them could not only make you look unprepared but also cost you potential business.

According to the State of the Lettings Industry report, 43% of landlords say they don't use an agent. You have an opportunity to pitch your expert services to this part of the market, while also upselling your existing clients.

Investing in robust referencing

One of the best things letting agents can do to prepare for the increased reliance on Section 8 is to place respectful, dependable tenants in their landlords’ properties. This will prevent you from serving Section 8s in the first place.

Investing in robust referencing will help you to achieve this. For example, Goodlord's PRO referencing package includes:

• Credit checks
• Instant identity document authentication
• Right to rent documentation collection
• Residential checks
• Income checks, including Open Banking, HMRC, and payroll providers

This gives you the best possible chance of avoiding the courts.

Investing in rent protection and legal cover

Now that the Renters' Rights Act has become law, we’re likely to see an increase in landlords serving Section 21 notices ahead of new rules being enforced. In turn, this is likely to lead to increased property dilapidation and more tenants falling into arrears.

Once the Act is fully in force, legal costs for landlords will significantly increase, and backed-up courts will result in longer periods of tenants in arrears.

Taken together, these factors make it essential to have contingency plans in place.

Goodlord's Rent Protection and Legal Expenses Insurance gives landlords peace of mind, covering tenants’ rent (up to £100K) while they’re in arrears, as well as the legal costs involved in the eviction process. We'll also mediate between tenants and landlords to prevent court proceedings from happening in the first place.

Goodlord's Managing Director of Insurance, Oli Sherlock, and leading property lawyer, David Smith, and Goodlord Managing Director, Tom Goodman, discuss Section 8 evictions and a wide range of other Renters' Rights Act topics ☝️

Conclusion

The passing of the Renters’ Rights Act marks a defining shift for the lettings industry. With Section 21 on its way out, Section 8 will no longer be a specialist tool used in exceptional circumstances; it will be the backbone of any eviction proceedings.

For many agents, this represents a significant operational and legal adjustment. Section 8 notices demand precision, strong evidence, and a clear understanding of mandatory and discretionary grounds. Errors can lead to costly delays, court rejections, and prolonged periods of rent arrears for landlords. At the same time, court backlogs and longer timelines mean agencies must prepare clients for a more structured, slower process to regain possession.

As the industry transitions into this new era, preparation is everything. By mastering Section 8 procedures now and supporting landlords with proactive risk management, letting agents can protect their clients, safeguard their income, and thrive under the new rules

This article is intended as a guide only and does not constitute legal advice. For more information, visit gov.uk.

FAQs

Q1 - When can landlords start court action after serving a Section 8 notice?

Landlords can start court proceedings only after the notice period for the ground used has expired, at which point they can apply for a possession order. Notice periods vary by ground and are typically measured in weeks or months, depending on the reason for possession.

Q2 - What is the time limit for applying to court after serving a Section 8 notice?

In most cases, landlords must apply to court within 12 months of serving the Section 8 notice. If this deadline is missed, the notice will no longer be valid, and a new notice must be served.

Q3 - Which Section 8 ground applies if a tenant falls into rent arrears?

Rent arrears are dealt with under mandatory Ground 8 (Amended) and discretionary Grounds 10 and 11. If a tenant owes three months’ rent or more, the court must grant a possession order once the notice has been served correctly. However, if arrears are below three months, possession is discretionary and not guaranteed.

Q4 - Which Section 8 ground applies if a landlord wants to sell or move back in?

Landlords can rely on Ground 1 (Amended) or Ground 1A (New), depending on their intention. It is to be noted that both grounds are subject to a 12-month protected period at the start of a tenancy, during which they cannot be used.

Once available, landlords must give tenants four months’ notice, giving them more time to secure alternative accommodation.

Q5 - If the property is not sold, can it be re-let immediately?

No. If possession is regained using the selling ground, the property cannot be re-let for 12 months. This restriction is designed to prevent misuse, so landlords should be confident in their plans before serving notice.

Q6 - How will a tenant end a tenancy once the reforms are implemented?

Once fixed-term tenancies move to a fully periodic system from 1 May 2026, tenants will be able to end a tenancy by giving two months’ notice at any point. The end date must align with the rent period set out in the tenancy agreement.