What is a Section 8 notice?
A Section 8 notice is a formal notice seeking possession of a property let under an assured tenancy or assured shorthold tenancy. You use it where a tenant has breached the tenancy agreement, such as falling into rent arrears, or where another recognised statutory ground for possession applies under housing law.
Unlike a Section 21 eviction notice, which does not require you to give a reason and is due to be abolished, a Section 8 notice requires you to rely on specific grounds for possession set out in Schedule 2 of the Housing Act 1988. This means you must be able to demonstrate a legal basis for seeking possession and provide supporting evidence if the matter proceeds to court.
The notice informs the tenant that you intend to begin court proceedings once the notice period has expired. It does not bring the tenancy to an end and does not allow you to evict tenants yourself. Possession can only be recovered through the court, following the correct legal process and the granting of a possession order.
When can a landlord serve a Section 8 notice?
You can serve a Section 8 notice during both a fixed-term tenancy and a periodic tenancy, provided that at least one statutory ground applies. You should be aware, however, that fixed-term tenancies will be abolished once the Renters Rights Act is fully enacted. From that point, all assured tenancies will operate as open-ended periodic tenancies, and Section 8 will become the sole route available to you for regaining possession.
You may serve a section at any stage of the tenancy once the relevant breach or circumstance has arisen. This applies equally to:
- An assured shorthold tenancy, including those currently granted for a fixed term, which will transition into periodic tenancies from May 2026 under the Renters Rights Act.
- A shorthold tenancy that has already become periodic.
- An assured tenancy that is not time-limited and continues on a rolling basis.
The tenancy agreement does not need to have ended, and the tenant does not need to agree for the notice to be served. You can only recover possession through the court once the notice period has expired and you have followed the statutory process correctly.
Grounds for possession under Section 8
There are 18 grounds for possession available to you under Section 8. These are divided into mandatory grounds and discretionary grounds, each of which carries different consequences when your case reaches court.
Mandatory grounds for possession
Mandatory grounds require the court to grant possession if you can prove that the ground applies and that you have served a valid notice.
Ground 8 - Serious rent arrears
Ground 8 is the most frequently used mandatory ground and applies where the tenant has serious rent arrears.
Under current law, Ground 8 applies where the tenant owes:
- At least two months’ rent if paid monthly.
- At least eight weeks’ rent if paid weekly.
This threshold must be met both when the Section 8 notice is served and at the court hearing.
Under the Renters Rights Act, the threshold will increase to three months’ rent or thirteen weeks if paid weekly, and the notice period will increase to four weeks. This change means landlords must be particularly careful when relying on rent arrears grounds.
Ground 1 - Landlord intends to occupy
Ground 1 applies where the landlord intends to occupy the property as their main home, or where a close family member or surviving spouse intends to move in.
This ground is only available if the tenant was informed before the tenancy was granted that possession might be sought on this basis. Under the Renters Rights Act, a minimum tenancy period will apply before this ground can be used.
Ground 2 - Mortgage repossession
Ground 2 applies where the landlord’s mortgage lender is seeking possession. The tenancy must have been granted subject to the mortgage.
Ground 7A - Serious anti social behaviour
Ground 7A applies in cases involving serious anti social behaviour, criminal offence convictions, or breaches of injunctions. This ground remains mandatory and allows for very short or immediate notice periods depending on the circumstances.
Ground 7B - Immigration status
Ground 7B applies where the Home Office confirms that the tenant does not have the legal right to rent due to immigration status. This remains a mandatory ground.
Discretionary grounds for possession
Discretionary grounds allow the court to decide whether it is reasonable to grant possession based on the evidence.
Ground 10 - Some rent arrears
Ground 10 applies where rent arrears exist but do not meet the threshold for Ground 8. Any amount of unpaid rent at both service of the notice and on the date of the court hearing can apply.
Ground 11 - Persistent late payment
This ground applies where tenants repeatedly pay rent late, even if there are no rent arrears at the hearing.
Ground 12 - Breach of tenancy agreement
Ground 12 covers tenant breaches other than rent, including unauthorised alterations, subletting or refusal of inspections where tenants refuse access.
Ground 14 - Antisocial behaviour
Ground 14 covers nuisance, harassment, noise complaints and other antisocial behaviour. This ground has no minimum notice period and can be used immediately in serious cases.
Using multiple grounds
A landlord may rely on more than one ground in the same Section 8 notice. This is often advisable.
Where multiple grounds are used, the notice period must match the longest notice period required, unless the notice includes grounds such as serious antisocial behaviour where shorter periods apply.
Notice periods for a Section 8 notice
The correct notice period is essential. An incorrect notice period invalidates the notice.
Notice periods vary depending on:
- The ground relied upon.
- Whether the tenancy is paid weekly or monthly.
- Whether Renters Rights Act provisions are in force.
Common notice periods include:
- Four weeks’ notice for serious rent arrears under the new rules.
- Four months’ notice where the landlord intends to sell or a family member intends to occupy.
- No minimum notice for certain serious antisocial behaviour cases.
- Weeks notice for discretionary rent grounds.
The notice period ends on the date specified in the notice. Court proceedings cannot begin until the notice period ends.
How to serve a Section 8 notice correctly
To serve a section 8 notice correctly, landlords must follow a strict process.
Step 1 - Use the correct form
You must use Form 3 - Notice seeking possession. Using an outdated form or missing required information will invalidate the notice.
Step 2 - Complete all the paperwork accurately
The notice must include:
- Full property address.
- Tenant names exactly as they appear in the tenancy agreement.
- The correct grounds for possession.
- A clear explanation of the legal reason.
- The correct earliest date court action can begin.
- The landlord’s contact details.
All the paperwork must match the tenancy agreement and supporting evidence.
Step 3 - Serve notice properly
You must serve the notice in accordance with the terms set out in the tenancy agreement. The method of service is not optional, and using the wrong approach can invalidate the notice. Common methods of service include:
- First class post to the tenant’s last known address, allowing sufficient time for delivery.
- Hand delivery to the rented property, ideally with a witness or photographic evidence.
- Email, but only where the tenancy agreement expressly permits service by electronic means.
You may need to demonstrate to the court that the notice was served correctly and on the date claimed so recorded delivery is recommended. Many landlords use a Certificate of Service or retain postal receipts, delivery confirmations or contemporaneous records to evidence service and avoid disputes later in the possession process.
What invalidates a Section 8 notice?
A Section 8 notice can be invalidated by relatively small errors, many of which only come to light once the matter reaches court. If the notice is found to be defective, you will not be able to rely on it and the possession process will need to start again, causing delay and additional cost.
A Section 8 notice may be invalid if:
- You use the wrong notice period for the ground or grounds relied upon, including failing to apply the longest notice period where multiple grounds are cited.
- You rely on the wrong grounds or fail to link the grounds clearly to the tenant’s conduct or the circumstances of the tenancy.
- The tenant’s name or names are incorrect, incomplete or do not match the tenancy agreement, which can create uncertainty about who the notice applies to.
- The prescribed form is incomplete, contains errors or does not include all required information, such as the correct earliest date court proceedings can begin.
- The notice is served using a method not permitted by the tenancy agreement, or you cannot prove when and how service took place.
- Supporting documents, such as a rent schedule in arrears cases or evidence of breaches, are missing or inconsistent with the information set out in the notice.
If a notice is invalid, the court will not grant possession. You will need to serve a new notice and wait for the relevant notice period to expire again before you can issue a possession claim. This can significantly delay regaining possession and increase legal and court costs, particularly in cases involving ongoing rent arrears or tenant breaches.
What happens after the notice period ends?
If the tenant stays after the notice period ends, the landlord must begin court proceedings.
This involves:
- Issuing a possession claim.
- Filing a claim form and court papers.
- Attending a court hearing or possession hearing.
- Seeking a possession order.
Only the court can grant possession. Attempting to evict tenants without a possession order is a criminal offence.
Court proceedings and possession orders
At the possession hearing, the judge will assess:
- Whether the notice was valid.
- Whether the grounds for possession are proven.
- Whether the court should grant possession.
If successful, the court may grant possession immediately or set a possession order with a date for the tenant to leave.
If the tenant does not leave, enforcement must be carried out by bailiffs or High Court enforcement.
How AST Assistance supports landlords
Serving a Section 8 notice correctly requires accuracy, evidence and procedural compliance. Errors lead to delay, increased legal costs and prolonged loss of rent.
AST Assistance works exclusively with landlords and provides specialist support at every stage of the possession process.
This includes:
- Reviewing tenancy agreements.
- Identifying the strongest grounds for possession.
- Preparing and serving a valid notice.
- Managing court proceedings and possession hearings.
- Advising on enforcement and eviction process strategy.
Whether you are dealing with rent arrears, tenant breaches, serious anti social behaviour or a change in landlord circumstances, AST Assistance provides clear, landlord-focused advice.
For support with serving a Section 8 notice or progressing possession lawfully, contact AST Assistance on 01706 619954 or by filling out the online contact form on the website and one of our team will be in touch at a time that is convenient for you.
