Understanding Section 8
A Section 8 notice, issued using Form 3: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy, is the formal document a landlord serves when a tenant has breached the terms of their tenancy. It informs the tenant that you intend to apply to the court for possession once the notice period has passed. This step is required before you can begin court proceedings.
A Section 8 notice can be served during both fixed-term and periodic tenancies, provided one of the statutory grounds for possession applies.
In a fixed-term tenancy, you may serve the notice at any stage of the term when the tenant has breached their contractual obligations. For certain grounds, it is beneficial for the agreement to contain a clause allowing the tenancy to end early in those circumstances.
In a periodic tenancy, which continues on a rolling weekly or monthly basis, you may also serve a Section 8 notice at any time as long as a valid ground for possession is present.
There are 18 grounds in total, divided into two categories that carry different consequences for possession proceedings:
- Mandatory grounds (Grounds 1–8) require the court to grant a possession order once the landlord has demonstrated the ground applies and the notice and procedure are compliant.
- Discretionary grounds (Grounds 9–17) allow the court to consider the wider circumstances before reaching a decision. The judge will assess the evidence, the landlord’s position, and the effect on the tenant before deciding whether granting possession is appropriate.
Mandatory grounds for possession
Using a mandatory ground provides a landlord with greater certainty, as the court has no choice but to grant possession if the case is proven.
Ground 8: Serious rent arrears
Ground 8 remains the key mandatory route for landlords seeking possession of a property owing to significant rent arrears. Under the current law, the threshold is met when the tenant owes at least two months’ rent (on a monthly tenancy) or eight weeks’ rent (on a weekly tenancy) at both the time the Housing Act 1988 Section 8 notice is served and at the court hearing.
However, the Renters Rights Act (soon to be enacted) introduces several important changes that landlords must factor into their possession strategy:
- The rent-arrears threshold for Ground 8 will increase from two months (or eight weeks) to three months’ arrears (or thirteen weeks in the case of weekly rent).
- The minimum notice period that the landlord must give to the tenant before applying to court under Ground 8 will be extended from two weeks to four weeks.
- As a consequence of the higher arrears threshold and longer notice period, a landlord may effectively need to wait a minimum of around four months’ arrears before they can rely on Ground 8 and proceed to court - two to three months’ arrears plus the four-week notice period.
- The reforms also require that the arrears threshold (three months) must still be met at both the time of serving the notice and at the date of the possession hearing - so clearing some of the arrears between notice and hearing may still prevent the mandatory ground applying.
Ground 1: Landlord or family member moving in
Ground 1 applies when a landlord intends to occupy the property as their main residence, or when a spouse or civil partner plans to move in. To rely on this ground, the landlord must either have lived in the property as their main home previously or must have informed the tenant before the tenancy began that this ground might be used in future.
Once the Renters Rights Act comes into force, this ground will only be available after the tenancy has been in place for at least 12 months. The notice period will also increase to four months, giving tenants a longer period to make alternative arrangements.
Ground 2: Mortgage repossession
Ground 2 applies where the property is subject to a mortgage that predates the tenancy and the lender is seeking possession as part of enforcing its rights, usually following arrears or the exercise of a power of sale. Under the Renters Rights Act, this ground remains available, but the notice period will increase to four weeks. The Act also underlines that lenders must demonstrate a genuine requirement for vacant possession before the court will grant an order. This change strengthens the procedural safeguards while still allowing lenders and landlords to recover the property when necessary.
Ground 6: Redevelopment or demolition
Ground 6 can be used when substantial structural works - such as demolition, reconstruction, or major redevelopment - cannot reasonably be carried out while the tenant remains in occupation. Landlords must provide evidence that the proposed works are significant and genuinely require vacant possession. Under the Renters Rights Act, the notice period will be extended to four months. The requirement to pay the tenant’s reasonable removal expenses will remain, supporting tenants affected by major redevelopment plans.
Ground 7A: Serious anti-social behaviour
Ground 7A is reserved for the most serious cases of anti-social behaviour, including convictions for specified offences, breaches of injunctions, closure orders or behaviour proven in other court proceedings. This ground continues unchanged under the Renters Rights Act and retains its status as a mandatory ground. It remains one of the few situations where a landlord can act quickly, as the court must grant possession once the evidence satisfies the statutory criteria. Notice periods for this ground remain shorter than for other mandatory grounds due to the severity of the conduct involved.
Ground 7B: No right to rent
Ground 7B applies where the Home Office notifies the landlord that the tenant or another adult occupier does not have the legal right to rent in the UK. This ground also remains available following the Renters Rights Act. As with Ground 7A, the statutory framework remains largely unchanged, and the ground continues to operate as a mandatory route to possession. The court must grant possession provided the landlord can demonstrate that the Home Office notification is valid and that the notice and procedural requirements have been met.
Discretionary grounds for possession
Discretionary grounds require the court to assess not only the evidence of the breach but also whether it is reasonable to grant possession. The judge will review all surrounding circumstances, including the conduct of both landlord and tenant, the seriousness of the breach, the tenant’s vulnerability and any attempts to resolve the issue before proceedings.
Ground 10: Some rent arrears
Ground 10 covers situations where a tenant has a level of arrears below the threshold for mandatory possession. Any arrears outstanding at both the service of the notice and the court hearing can satisfy this ground. Under the Renters Rights Act, the notice period for rent-related discretionary grounds will increase to four weeks, extending the time before a landlord can begin court proceedings.
Ground 11: Persistent late payment of rent
If a tenant consistently pays their rent late, this ground can be used. It focuses on the pattern of behaviour rather than the amount owed. You can use this ground even if the tenant is not currently in rent arrears when you serve the notice, as long as you can provide evidence of their persistent delays.
Ground 12: Breach of tenancy obligation
Ground 12 applies to any breach of the tenancy agreement apart from rent. Examples include unauthorised pets, unauthorised sub-letting, and damage caused by the tenant. Under the Renters Rights Act, this ground remains unchanged in substance, but the notice period will move to four weeks. Courts may also place greater emphasis on proportionality, particularly where breaches can be remedied.
Ground 14: Nuisance or annoyance
This ground covers a wide range of antisocial behaviour, including nuisance to neighbours, harassment, noise issues, and using the property for unlawful or improper purposes. It remains one of the few discretionary grounds with no minimum notice period, allowing landlords to act quickly in serious cases of disruption. The Renters Rights Act retains this shorter notice period, recognising the need for prompt action where the behaviour is causing harm in the community.
Other discretionary grounds
- Ground 13: The property's condition has deteriorated due to the tenant's actions or neglect.
- Ground 15: The tenant has caused deterioration of furniture provided by the landlord.
- Ground 17: The tenancy was granted based on a false statement knowingly made by the tenant.
What if you use multiple grounds?
When relying on more than one ground in a Section 8 notice, the notice period must usually match the longest period required for any of the grounds you have cited. The only exception arises when you include Ground 7A or Ground 14, both of which relate to serious antisocial behaviour. In those cases, the shorter notice periods for these grounds will take precedence, allowing landlords to act more quickly where the circumstances justify it. Serving the notice correctly, with the appropriate notice period and all required information, is essential for the court to progress a possession claim.
The Section 8 eviction process
Issuing a Section 8 notice begins the possession process, but it does not entitle a landlord to remove a tenant themselves. If the tenant remains in the property after the notice expires, you must follow the statutory procedure. Any attempt to evict a tenant without a court order is a criminal offence.
Step 1: Serving the Section 8 notice correctly
You must complete Form 3 accurately, including the full property address, the tenant’s name, the specific grounds you are relying on and the date the notice expires. Clear explanations strengthen your position and reduce the risk of the notice being deemed invalid. It is sensible to obtain proof of service, such as a Certificate of Service (Form N215), to demonstrate the tenant received the notice.
Step 2: Applying to the court for a possession order
If the tenant remains in occupation once the notice period has ended, you may issue a possession claim in the county court. This requires completing Form N5 and Form N119 and paying the relevant court fee. These documents set out the legal basis of your claim and the evidence you intend to rely upon.
Step 3: The court hearing
A hearing date will then be fixed. You, or a legal representative acting for you, will need to attend and present your evidence. For arrears cases, a clear and up-to-date rent schedule is essential. The tenant is entitled to attend, raise a defence and provide their own evidence for the court’s consideration.
Step 4: Obtaining the possession order
If the court accepts your evidence and the grounds for possession is proven, a possession order will be granted. This will specify the date by which the tenant must leave, which is usually 14 days after the hearing. The judge may extend this period if there is evidence of exceptional hardship.
Step 5: Enforcing the order
If the tenant does not vacate by the date set in the possession order, you must apply for enforcement. You cannot remove the tenant yourself.
- County Court Bailiffs: this is the usual enforcement route, although waiting times can be lengthy.
- High Court Enforcement Officers (HCEOs): you may request permission to transfer enforcement to the High Court. HCEOs can attend more quickly, although this option involves higher costs.
Before enforcement takes place, the bailiffs must give the tenant at least 14 days’ notice of the eviction date. This ensures that vacant possession is achieved lawfully and in accordance with the court’s authority.
How AST Assistance can help
For landlords working within the private rented sector, serving a Section 8 notice can be a necessary step when a tenancy becomes unsustainable. In practice, this stage often arises during challenging situations - including persistent payment issues, tenancy breaches or conduct that may amount to a serious offence. AST Assistance supports landlords who need to evict tenants lawfully and effectively, providing clear direction through what can be a demanding and time-sensitive process.
Errors in the notice or procedure can invalidate your case, cause avoidable delays and increase costs. AST Assistance works exclusively with landlords and understands the pressures and financial risks associated with regaining possession. We provide clear, experienced legal support to help private landlords act decisively and lawfully, whether the issue involves arrears, tenancy breaches or conduct that significantly disrupts the management of your property.
If you are managing a difficult tenancy and need to pursue possession, AST Assistance provides comprehensive, practical support from the outset. We work exclusively with landlords, offering clear direction through every stage of the process so you can safeguard your investment and progress without unnecessary delay.
Our team can recover rent arrears, address and resolve disputes with tenants and manage all aspects of tenancy administration on your behalf. From ongoing tenancy management to situations requiring you to evict tenants, AST Assistance delivers a professional, landlord-focused service designed to reduce stress and restore control.
Contact us on 01706 619954 for specialist advice tailored to the realities of the private rented sector. Alternatively use our online contact form and one of our team will be in touch.
