What is a Section 8 Notice?

A Section 8 Notice can be sent by a landlord to a tenant under the provisions of the Housing Act 1988 to provide advance warning that the tenant may need to vacate the property. 

A Section 8 Notice is a warning, not an Eviction Order, and the tenant will not need to leave straight away as there is a notice period. 

A Section 8 Notice is a notice seeking possession. A tenant should vacate the property after the notice period set out in the noticeHowever, if the tenant fails to leave the property by this date, the landlord must first be able to rely on the notice; it must first be judged valid to be enforceable, and then followed by a possession order from the courts. This process takes time and costs money. The court will determine the validity of a Section 8 Notice and if the grounds for a possession order are reached and the notice is correctly and properly drafted. 

A Section 8 Notice is only valid in England and Wales.

Since 1 May 2026, when the Renters’ Rights Act 2025 came into effect, Section 8 is now the only route available to landlords seeking possession of a residential property under an assured periodic tenancy (previously assured shorthold tenancies).

Our property litigation team has helped hundreds if not thousands of landlords across the country regain possession of their properties. Our team is experienced in dealing with this type of litigation, including complex factual and legal situations. If you are a landlord in need of advice, contact our property litigation team today. We are happy to help.

What is a Section 8 Notice?

If a tenant performs specific actions in breach of the tenancy agreement, such as not paying rent, or if the landlord has another valid ground for seeking possession, the landlord can issue a Section 8 Notice. 

A Section 8 Notice includes and sets out a notice period leading ultimately to eviction. Under the Renters Rights Act, all private residential tenancies are now periodic assured tenancies. Fixed-term assured tenancies and assured shorthold tenancies have been abolished. A Section 8 Notice is only relevant to an assured shorthold tenancy agreement and cannot be used with other types of tenancies which still exist, or in relation to commercial property.

The notice must state the date by which the landlord is asking the tenant to leave, and must give the tenant the required amount of notice under each ground relied upon. Tenants benefit from a 12-month protection period at the beginning of a tenancy, during which a landlord cannot seek to evict them using the grounds relating to landlord occupation (Ground 1) or sale of the property (Ground 1A).

Even if the grounds for seeking possession within the Notice are deemed valid and upheld by a Court hearing, the tenant can delay vacating the property by up to six weeks if leaving sooner would cause problems or hardship. The court only has discretion to delay by 14-42 days at most.

If the grounds for the notice are severe anti-social or criminal behaviour (Ground 7A), the landlord can apply to the court immediately without a notice period, although the court cannot make a possession order within 14 days of the notice. Discretionary Ground 14 (anti-social behaviour) allows the landlord to apply to court straight away, although the court will not be able to make a possession order for 14 days from the date notice was given.

When Can Landlords Serve a Section 8 Notice?

Landlords use a Section 8 Notice in situations where they have a valid ground for seeking possession, whether that is a tenant breach or a landlord need such as selling the property or moving a family member in.

The landlord must specify legal grounds for the notice. There are now significantly more grounds for possession than the previous 17 under the old regime. The grounds are divided into mandatory and discretionary categories.

Mandatory grounds require the court to make a possession order if the ground is proven. The key mandatory grounds and their notice periods are as follows:

Discretionary grounds allow the court to decide whether it is reasonable to evict the tenant, even where the ground is proven:

If a Section 8 Notice contains several grounds for possession, the court will consider the mandatory grounds first and make a judgement on that basis. If the landlord cannot prove the mandatory grounds, the court will move on to consider the remaining discretionary grounds.

Rent arrears remain a common ground for possession. Under the Act, the threshold for the mandatory Ground 8 has increased: the tenant must now owe at least 3 months’ rent (where rent is paid monthly) or at least 13 weeks’ rent (where rent is paid weekly or fortnightly) both at the date of the notice and at the date of the hearing.

What Makes a Section 8 Invalid?

A Section 8 Notice must give a valid reason for service, and all required information requested on the form must be complete. Examples of common errors in Section 8 Notices before 1 May 2026 were failing to include the correct names of all parties to the tenancy agreement or an inaccurate Notice end date. These risks of invalidity still apply to the new Section 8 Notices. 

The court can also decide if the grounds for the eviction given in the Section 8 Notice is valid. If the grounds the landlord provides are not sufficient or no reason is given, the Section 8 Notice will likely be invalid.

Deposit Protection

Landlords should be aware that the court will not be able to make a possession order if the tenant’s deposit has not been protected in a government-approved tenancy deposit scheme. Under section 215 of the Housing Act 2004 (as amended by the Act), where a tenancy deposit has been paid in connection with an assured tenancy, the court may only make an order for possession if the deposit is being held in accordance with an authorised scheme, the landlord has complied with the scheme requirements on receiving the deposit, and the prescribed information requirements have been met.

The only exceptions to this rule are where the court is making an order for possession on Ground 7A (severe anti-social or criminal behaviour) or Ground 14 (anti-social behaviour). 

Private Rented Sector Database

Landlords will also be unable to gain possession if they have not registered their property on the private rented sector database once that requirement comes into force (expected from late 2026). Landlords will be able to rectify non-compliance with the deposit and database requirements to regain the ability to seek possession, save in anti-social behaviour cases.

Relying on an invalid Section 8 Notice in possession proceedings risks the tenant challenging the Notice which can prolong the proceedings, and inevitably the costs that the landlord incurs. Landlords and tenants should seek professional advice to determine the best course of action, and to ensure the correct notice is properly drafted and served. Taking that approach avoids wasted time and costs later.

How To Serve a Section 8 Notice?

A Section 8 Notice must be served in writing. New prescribed forms have been introduced alongside the commencement of the tenancy reforms, and it is essential to use the current prescribed form as an out-of-date edition will make the notice invalid.

Please see the link here for more information on how to serve a Section 8 Notice, and the prescribed form.

Need Advice? Contact Helix Law

A Section 8 Notice is a warning that a tenant should never ignore. For landlords, since the abolition of Section 21 ‘no-fault’ evictions on 1 May 2026, Section 8 is now the only route to regain possession of a residential property. It is more important than ever that the correct grounds are identified, that the notice is properly drafted using the current prescribed form, and that the required notice periods are observed.

Both landlords and tenants should seek professional advice at an early stage to determine the best course of action, and to ensure the correct notice, properly drafted, is prepared. Taking that approach avoids wasted time and costs later.

Our property litigation team has decades of experience working with landlords to achieve the best possible outcomes. If you need help with an eviction or in a difficult situation with a tenant, contact our team today. We act nationally and would love to assist you.