Key Takeaways
- A Section 8 notice is served when a landlord wants to end a tenancy on specific legal grounds, such as rent arrears or breach of the tenancy agreement.
- From 1 May 2026, Section 8 is the only possession route available in England following the abolition of Section 21.
- The arrears threshold for mandatory possession (Ground 8) has increased to 3 months under the Renters’ Rights Act 2025, up from 2 months.
- Courts will not grant possession under most Section 8 grounds unless the landlord has properly protected the tenant’s deposit.
With the abolition of Section 21 notices in England from 1 May 2026, Section 8 has become the primary legal route for landlords who need to recover possession of their property. Understanding how it works and when each ground applies is now essential knowledge for any landlord in the private rented sector.
This article explains what a Section 8 notice is, which grounds are available, what notice periods apply and what landlords need to get right to succeed in possession proceedings. Our landlord and tenant solicitors at Osbourne Pinner offer a free 30-minute consultation to discuss your situation.
What Is a Section 8 Notice?
A Section 8 notice is a formal notice served by a landlord on a tenant to start the process of recovering possession through the courts. It is served under section 8 of the Housing Act 1988 and must set out the specific grounds on which the landlord is relying.
Unlike the old Section 21 process, a Section 8 claim is fault-based. The landlord must demonstrate that the tenant has done something that falls within the defined grounds, or that the landlord’s own circumstances justify bringing the tenancy to an end. Tenants can contest Section 8 claims on the merits, which makes the process more complex than the former no-fault route.
Mandatory vs Discretionary Grounds
Section 8 grounds fall into two categories. Mandatory grounds require the court to grant possession if the ground is proved. Discretionary grounds allow the court to refuse possession even if the ground is made out, where it would not be reasonable to evict the tenant.
From a landlord’s perspective, mandatory grounds are more predictable. Where a mandatory ground is established, the tenant cannot avoid possession by arguing that it would be unfair. Discretionary grounds carry more uncertainty and require the landlord to present a stronger case for why eviction is reasonable in the circumstances.
The Key Section 8 Grounds After May 2026
Ground 8: Serious Rent Arrears (Mandatory)
This is the most commonly used mandatory ground. Under the Renters’ Rights Act 2025, the threshold has been raised to 3 months’ arrears. The arrears must exist both at the date the Section 8 notice is served and at the date of the possession hearing. If the tenant reduces arrears below the threshold between notice and hearing, the mandatory ground fails. Two weeks’ notice is required for this ground.
Ground 1: Landlord or Family Member to Occupy (Mandatory)
This ground applies where the landlord or a close family member intends to live in the property. The Renters’ Rights Act extended this ground to include the landlord’s children. Four months’ notice is required. The ground cannot be used in the first year of the tenancy, and the landlord must have a genuine intention to occupy.
Ground 1A: Landlord Intends to Sell (Mandatory)
This is a new ground introduced by the Renters’ Rights Act. It applies where the landlord genuinely intends to sell the property. Again, 4 months’ notice is required and the tenancy must have run for at least one year. If the landlord does not follow through with the sale, the tenant may be able to challenge the notice.
Ground 7A: Serious Anti-Social Behaviour (Mandatory)
This applies where the tenant has been convicted of a serious offence, is subject to a criminal behaviour order, has caused serious nuisance to neighbours or has abandoned the property. It is one of the few grounds where the court will act even if the landlord has not protected the deposit.
Grounds 10 and 11: Lower Arrears and Persistent Late Payment (Discretionary)
Where arrears fall below the 3-month mandatory threshold, or where there is a pattern of persistent late payment, Grounds 10 and 11 can be used. These are discretionary, meaning the court must be satisfied that it is reasonable to grant possession even if the technical ground is established.
See also: Section 8 vs Section 21: What Is the Difference?
The Deposit Protection Requirement
Under the Renters’ Rights Act, courts will refuse to grant possession under any Section 8 ground, with the exception of Grounds 7A and 14, unless the landlord has protected the tenant’s deposit in an approved scheme and provided the prescribed information within 30 days of receipt.
This is a significant practical constraint. Before serving any Section 8 notice, a landlord must confirm that deposit protection is in order. If it is not, the possession claim will fail regardless of how strong the underlying ground is.
How to Serve a Section 8 Notice
A Section 8 notice must be served on the prescribed form. It must specify which grounds the landlord is relying on and when the notice period expires. Errors in the notice, whether wrong dates, missing grounds or an incorrect form, can invalidate it, requiring the landlord to start again. This adds weeks to the process.
Service must be made in accordance with the tenancy agreement or, where the agreement does not specify, in a way that is reasonably likely to come to the tenant’s attention. Postal service is generally deemed effective two business days after posting, which is relevant for calculating whether notice periods have been correctly observed.
Related: Serving Legal Notices of Eviction
What Happens If the Tenant Does Not Leave?
If the tenant remains in the property after the notice period expires, the landlord must apply to court for a possession order. The tenant will be given the chance to file a defence. If the claim proceeds to a hearing, both parties present their case and the judge decides whether the ground is made out and, for discretionary grounds, whether it is reasonable to grant possession.
If possession is granted and the tenant still does not leave by the date specified in the order, the landlord can apply for a warrant of possession, allowing enforcement agents to attend and remove the tenant. This final stage can take several additional weeks.
Speak to a Landlord and Tenant Solicitor about Section 8
Section 8 possession is more technical and more contestable than the old Section 21 route. Serving the wrong notice, citing the wrong grounds or failing to have deposit protection in order can set the whole process back significantly. Given current court backlogs, delays are costly.
At Osbourne Pinner, our landlord and tenant solicitors can advise on which Section 8 grounds apply to your situation, draft and serve the notice correctly and represent you in possession proceedings if the tenant contests the claim.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
