A Landlord’s Guide to Section 8 Notices

What is a Section 8 eviction notice?

A comprehensive guide for landlords

Understanding Section 8 as a landlord

As a landlord, there may come a time when you need to regain possession of your property, whether due to serious rent arrears, antisocial behaviour, or another breach of the tenancy agreement.

Since the abolition of Section 21 – more common referred to as a ‘no fault eviction’ - under the Renters’ Rights Bill, Section 8 notices have become the primary legal route for landlords to regain possession of their properties. To do this, landlords must have a valid reason and follow a clear legal process, often involving the courts.

This guide provides a deep dive on what Section 8 notices are, when to use them, and how to follow the correct steps to stay compliant and protect your property.

What is a Section 8 notice?

A Section 8 notice is a formal legal notice landlords can serve to end a tenancy early, but only if the tenant has breached the tenancy agreement or one of the legal grounds for possession applies.

Examples of when it applies:

Rent arrears
The tenant owes more than 2 months’ rent.

Antisocial behaviour
Neighbours report noise complaints or illegal activity from your tenants.

Property damage
The tenant has caused significant damage to the property.

If the tenant doesn’t leave after the notice period, landlords can apply for a court possession order to regain access.

This process can take time and may involve legal costs, particularly if you need to go through the courts or involve enforcement officers. Having the right cover in place can offer valuable support, helping cover legal expenses or loss of rent if things don’t go to plan.

What are the grounds for a Section 8 notice?

There are 18 legal grounds for possession, grouped into mandatory and discretionary categories.

Grounds for possession in England

In England, there are 8 mandatory grounds for possession, and 11 discretionary grounds for possession.

Grant the landlord court ordered possession of the property.
Are more flexible, meaning the court will consider the landlord’s claim but has the discretion to decide whether eviction is appropriate.

Mandatory grounds for possession in England

Owner Occupier
The landlord (or their spouse) previously lived in the property and now wishes to return.
Repossession by the landlord's mortgage lender
The mortgage lender is repossessing the property.
Holiday let
The tenancy is for a fixed term of no more than eight months, and the property was used as a holiday let during the year before the start of the tenancy.
Student let
The tenancy is for a fixed term of no more than 12 months, and the property was a student let during the year before the start of the tenancy.
Property required for minister of religion
The tenancy is held for use by a minister of religion to perform their duties, and is required for occupation by a minister of religion.
Property required for redevelopment
The landlord intends to demolish or redevelop the property.
Death of the tenant
The tenant has passed away, and possession is sought within 12 months.
Antisocial behaviour
The tenant has been convicted of a serious offence or has caused significant nuisance.
Tenant does not have a right to rent
The Home Office has determined the tenant has no right to rent.
Serious rent arrears
The tenant is in significant rent arrears.

Discretionary grounds for possession in England

Suitable alternative accommodation
The landlord is offering suitable alternative accommodation.
Rent arrears
The tenant has caused property damage.
Persistent delay in paying rent
The tenant has persistently paid rent late.
Breach of tenancy conditions
The tenant has breached the tenancy agreement.
Deterioration in the condition of the property
The property is in poor condition due to the tenant’s actions.
Nuisance, annoyance, illegal or immoral use of the property
The tenant has engaged in antisocial behaviour.
Domestic violence
If one member of a couple has left the property because of domestic violence from the other partner and is unlikely to return. Ground 14A also applies if the perpetrator targets their partner's family member who lives with the couple and this causes their partner to leave.
Offence during a riot
The tenant or an adult who lives in the property has been convicted of a serious offence and the offence took place during a riot in the UK.
Deterioration of furniture
The tenant or someone else living at the property has damaged any furniture provided with the tenancy.
Employee of the landlord
The property was let for the tenant's employment by the landlord, or by a previous landlord under the same tenancy, and the tenant's employment has since ended.
Tenancy obtained by false statement
The tenancy was granted based on false information.

Grounds for possession in Scotland

In Scotland, things are slightly different. In Scotland, there are a total of 18 grounds where a tenant can be evicted from the property they are privately renting.

The Private Housing (Tenancies) (Scotland) Act 2016 restricts the circumstances under where courts can grant an eviction. When a court hearing has been scheduled the tenant should always get an experienced housing law adviser or solicitor.

The grounds for eviction in Scotland are as follows:

Landlord intends to sell
Property to be sold by lender
Landlord intends to refurbish
Landlord intends to live in the property
Family member intends to live in the property
Landlord intends to use for non-residential purposes
Property required for religious purposes
Not an employee
No longer in need of supported accommodation

Not occupying let property
Breach of tenancy agreement
Rent arrears
Criminal behaviour
Anti-social behaviour
Association with person who has relevant conviction or engaged in relevant anti-social behaviour
Landlord has ceased to be registered
House of Multiple Occupation (HMO) license has been revoked
Overcrowding statutory notice

How to serve a Section 8 notice?

To successfully serve a Section 8 notice, follow these steps carefully:

Download Form 3 from the government website (gov.uk) and fill in the ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’.

Fill in the required details, including:

Tenant(s) name and property address
Landlord’s name and address
The specific ground(s) for eviction (e.g. rent arrears, antisocial behaviour)
The correct notice period based on the ground(s) used
The date the tenant is expected to leave

Serve the notice in a legally recognised way:

In person
By post
Through the letterbox
Via email (if permitted in the tenancy agreement)

What is a Section 8 notice period?

The notice period varies based on the grounds used. Each of the grounds has its own notice period, and these vary depending on whether you’re in Scotland or England.

Landlords based in England

Two months’ notice is required in the case of grounds 1, 2, 5, 6, 7, 9 & 16.
Two weeks’ notice is required in the case of grounds 3, 4, 7B, 8, 10, 11, 12, 13, 14A, 14ZA, 15, 17.
One month’s notice is required in the case of ground 7A (if fixed term) or four weeks (if periodic).
No notice period is required in the case of ground 14.

Landlords based in Scotland

Two months’ notice is required in the case of grounds 1, 2, 5, 6, 7, 9 and 17.
Two weeks’ notice is required in the case of grounds 3, 4, 8, 10, 11, 12, 13, 14, 15 and 16.

How long does a Section 8 claim take?

Once the notice expires, landlords can apply to court for a possession order. The typical process is detailed below:

A court hearing will be scheduled within 6–8 weeks of the end of the notice period; however, delays are common.

If a possession order is granted, the tenant usually has 14 days to leave.

If enforcement is needed and the tenant(s) still don’t leave, you’ll need to apply for a bailiff or High Court enforcement, which adds more time.

In total, the process can take from 2 to 6 months, or longer if enforcement is required.

What is the difference between section 8 and section 21 notices?

Until recently, landlords had two routes to regain possession of their property: Section 8, for breaches of the tenancy, and Section 21, a ‘no-fault’ option at the end of a tenancy.

As Section 21 was abolished under the Renters’ Rights Bill, landlords must rely solely on Section 8 to regain possession of their property, and that means having a valid legal reason and following a formal process through the courts.

Feature	Section 8	Section 21
Grounds needed?	Yes – must cite specific legal grounds	No – previously ‘no fault’ (now abolished)
Use during tenancy?	Yes	No – only tenancy end
Requires court hearing?	Yes, if tenant stays past notice	Yes, more complex than pre-abolition of ‘no fault’
Requires court hearing?	Yes, if tenant stays past notice	No – abolished under the Renter’s Rights Bill

Overall, landlords now need to ensure they meet the legal grounds and serve notices correctly to avoid delays or rejected claims.

Common mistakes for landlords to avoid

Avoid delays and rejected claims by steering clear of these pitfalls:

Using the wrong version of Form 3
Not citing correct grounds or notice period
Serving notice incorrectly or without proof

Relying on outdated legislation
Expecting instant possession without court order

How do Section 8 notices affect tenants?

Serving a Section 8 notice doesn’t mean a tenant is immediately evicted, but it does start a legal process that can be stressful and uncertain for renters.

Here’s what tenants need to know:

They have a right to stay during the notice period
Once served, tenants are legally entitled to stay in the property until the notice period expires and often longer, if the case goes to court.
They can challenge the notice in court
If the landlord applies for a possession order, tenants will be invited to a court hearing. At this stage, they may be able to:
1. Dispute the grounds for eviction
2. Ask for more time to leave, especially in cases of hardship
3. Reduce rent arrears to avoid mandatory eviction under Ground 8
Breathing space and support is available
Tenants struggling with rent or legal action can:
1. Speak to their local council’s housing department
2. Access support through the Breathing Space scheme
3. Get free legal advice from organisations like Shelter or Citizens Advice
Evictions must follow due process
If the landlord hasn’t used the correct form, notice period, or legal ground, the court may dismiss the case. Tenants can’t be legally removed without a possession order and in most cases, enforcement by bailiffs.

Section 8 FAQs

When can a Section 8 notice be served?

Any time during a tenancy if the tenant breaches the terms of the agreement.

Do I need to wait until rent is 2 months late?

To use Ground 8, yes. But Grounds 10 and 11 can apply earlier for lower arrears or persistent late payment.

Can I use more than one ground?

Yes. You can list multiple grounds (e.g. Grounds 8, 10 and 11). The longest notice period applies.

What if the tenant refuses to leave?

You must go to court and request a possession order. If granted, you may need to use bailiffs or High Court enforcement to regain access.

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