During your tenancy, there might come a point when you need to reclaim possession of your property through a Section 8 notice.
Understanding when and how to serve notice as a landlord can be challenging and often stressful.
In this article, we’ll cover all you need to know about Section 8 notices and the reasons they can be issued during an Assured Shorthold Tenancy.
- What is a Section 8 notice?
- When can I serve one?
- What are the grounds for serving a Section 8 notice?
- How to serve a Section 8 notice
- The Renters’ Rights Act
- New and updated Section 8 grounds for possession explained
More than a million properties have been let on OpenRent – why not yours too? Explore Our Packages
What is a Section 8 notice?
Section 8 refers to a specific part of the Housing Act 1988. It enables landlords to evict tenants in certain situations.
These include when tenants break their rental agreement by not paying rent or causing disturbances, or when landlords want to change how the property is used, such as for redevelopment or as a holiday let.
A Section 8 notice allows landlords to terminate a tenancy agreement early (for reasons we’ll explore in depth below).
Unlike a Section 21 notice, which can only be served at the end of a tenancy, a Section 8 notice can be issued during an Assured Shorthold Tenancy (i.e., before the contract comes to an end).
When can I serve one?
A Section 8 notice can be served during the tenancy if there are valid reasons for eviction.
The length of the notice period depends on the timing and specific grounds cited, which can vary significantly.
For example, a landlord might need to provide only two weeks’ notice for serious rent arrears, but two months’ notice for other grounds such as their intention to move back into the property.
Can Section 8 and Section 21 notices be served at the same time?
Yes, landlords can serve both Section 8 and Section 21 notices simultaneously. For example, if a tenant falls two months behind on rent, the landlord may serve a Section 8 notice.
Even if the tenant resolves the rent arrears later on, the landlord might still want to regain possession of the property. Therefore, they can also serve a Section 21 notice after the tenancy ends.
You might also be interested in…
- What is a Periodic Tenancy? A Guide for Landlords
- Energy Performance Certificates (EPCs): The 2026 Guide for Landlords
- What Are the New EPC Rules for Landlords? Coming in 2030
- EICR Explained: Electrical Safety Certificates for Landlords
- How to Rent Directly From a Landlord and Get It Right
What are the grounds for serving a Section 8 notice?
There are eight ‘Mandatory’ grounds for possession and a further nine ‘Discretionary’ grounds for possession.
‘Mandatory’ means that if the ground exists, then the court has to grant possession to the landlord. ‘Discretionary’ means that if the grounds exist, the judge will decide whether to grant possession or not.
Mandatory grounds
For more information about each mandatory ground for possession, like the key legal details and notice period, click on it.
Key legislative excerpt: “At some time before the beginning of the tenancy, the landlord who is seeking possession …occupied the dwelling-house as his only or principal home”
Notice period: 2 months
Key legislative excerpt: “The mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession”
Notice period: 2 months
Key legislative excerpt: “At some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was occupied under a right to occupy it for a holiday”
Notice period: 2 weeks
Key legislative excerpt: “A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution”
Notice period: 2 weeks
Key legislative excerpt: “The dwelling-house is required for occupation by a minister of religion as such a residence”
Notice period: 2 months
Key legislative excerpt: “Landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house”
Notice period: 2 months
Key legislative excerpt: “The tenancy…has devolved under the will or intestacy of the former tenant”
Notice period: 2 months
Key legislative excerpt: “The tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence”
Notice period: 4 weeks (periodic tenancy) to 1 month (fixed-term tenancy)
Key legislative excerpt: “A person is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy”
Notice period: 2 weeks
Key legislative excerpt: “If rent is payable monthly, at least two months’ rent is unpaid”
Notice period: 2 weeks
Discretionary grounds
For more information about each discretionary ground for possession, like the key legal details and notice period, click on it.
Key legislative excerpt: “Suitable alternative accommodation is available for the tenant”
Notice period: 2 months
Key legislative excerpt: “Some rent lawfully due from the tenant is unpaid”
Notice period: 2 weeks
Key legislative excerpt: “Whether or not any rent is in arrears…the tenant has persistently delayed paying rent which has become lawfully due”
Notice period: 2 weeks
Key legislative excerpt: “Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed”
Notice period: 2 weeks
Key legislative excerpt: “The condition of the dwelling-house has deteriorated owing to…waste…neglect or default of the tenant”
Notice period: 2 weeks
Key legislative excerpt: “Guilty of conduct causing or likely to cause a nuisance or annoyance”
Notice period: None – proceedings may be started immediately after serving notice
Key legislative excerpt: “Has been convicted of an indictable offence which took place during, and at the scene of, a riot in the UK”
Notice period: 2 weeks
Key legislative excerpt: “One partner has left the dwelling-house because of violence or threats of violence”
Notice period: 2 weeks
Key legislative excerpt: “The condition of any furniture…has…deteriorated owing to ill-treatment by the tenant”
Notice period: 2 weeks
Key legislative excerpt: “The dwelling-house was let to the tenant in consequence of his employment by the landlord…and the tenant has ceased to be in that employment”
Notice period: 2 months
Key legislative excerpt: “The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly”
Notice period: 2 weeks
Did you know OpenRent has a free Section 21 notice-serving tool? Get Started Today
How to serve a Section 8 notice
To issue a valid Section 8 notice, start by downloading the latest version of “Form 3” from the government website.
When you fill out the form, make sure you include the details of the tenancy, the grounds for eviction, as well as the length of the notice period.
A Section 8 notice can list several reasons for eviction, meaning it can include a mix of mandatory and discretionary grounds.
You can then serve the notice to your tenants in these ways:
- Personal delivery
- Leave it at the address
- Recorded delivery
- Process server (i.e., you can pay for a professional service that serves legal notices on your behalf)
- First class post
Remember, when serving notice by email you must first check your contract to see whether the tenants have agreed to receive notice via this method.
Can tenants challenge it?
Yes, tenants can challenge a Section 8 notice through a process known as ‘defending possession’.
Tenants can challenge Section 8 notices if the reasons given are not valid or if there are errors in the details, such as misspelt names.
What happens if tenants refuse to leave?
If your tenants don’t leave by the date specified in the Section 8 notice, you can ask the court for a possession order.
You will then have the opportunity to present your reasons for seeking possession, while tenants can provide their reasons for contesting it.
Landlords are prohibited from initiating court proceedings until after the deadline stated in the Section 8 notice. Moreover, the possession order must be initiated within 12 months from the date on the Section 8 notice.
The Renters’ Rights Act
From 1st May 2026, Section 21 notices are set to be scrapped, making Section 8 the only route for landlords to regain possession of their properties.
To support this change, the Renters’ Rights Act updates several existing grounds under Section 8 and introduces new ones to cover a wider range of circumstances.
One notable change is the introduction of a mandatory ground that allows landlords to seek possession if they intend to sell the property, aimed at providing more clarity and reassurance under the new system.
However, there are concerns that these reforms could put additional pressure on the courts. With all evictions going through Section 8 – which requires evidence and often hearings – delays are a real possibility unless court capacity is increased.
New and updated Section 8 grounds for possession explained
The table below provides an overview of the Section 8 grounds for possession once the Renters’ Rights Act comes into force on 1st May 2026. It shows how nearly all existing mandatory grounds are being updated and highlights several new grounds being introduced. We have included only those relevant to private landlords.
Mandatory grounds for possession after the Renters’ Rights Act
Brief description: This ground applies when the landlord, or a close family member, needs to move into the property. However, it can’t be used during the first 12 months of a new tenancy.
Notice period: 4 months
Brief description: This ground applies when the landlord intends to sell the property. It cannot be used during the first 12 months of a new tenancy.
Notice period: 4 months
Brief description: This ground can be used by a lender, such as a bank, to regain possession of the property in order to sell it if mortgage payments have been missed. The tenant must leave on the date specified in the court order.
Notice period: 4 months
Brief description: This ground applies to HMOs let to full-time students when needed for a new group between 1st June and 30th September. It cannot be used if the tenancy was agreed more than six months before it started, and advance notice must be given.
Notice period: 4 months
Brief description: This ground applies when the property needs to be redeveloped or demolished, and the tenant cannot remain living there during the works. It cannot generally be used within the first six months of the tenancy.
Notice period: 4 months
Brief description: This ground allows the court to grant possession if a local authority has taken enforcement action against the landlord for a breach of housing legislation, and that breach requires the property to be vacant. The court can also order the landlord to pay compensation to the tenant.
Notice period: 4 months
Brief description: This ground applies when a tenant dies, and the tenancy is passed to a successor who was not living at the property before the tenant’s death. It must be used within 12 months after the tenant’s death; however, the court may consider a later application where reasonable.
Notice period: 2 months
Brief description: This ground can be used if the tenant, or someone living with or visiting them, is convicted of a crime or breaches an antisocial behaviour order. It also applies if the council or police have issued a closure order preventing the tenant from accessing the property for more than 48 hours.
Notice period: No notice required, but the court cannot make a possession order for 14 days.
Brief description: If a tenant does not have the right to rent under immigration law, the Secretary of State will notify the landlord. For further details, see our Right to Rent explainer.
Notice period: 2 weeks
Brief description: This ground can be used if the tenant owes at least three months’ rent (for monthly payments) or 13 weeks’ rent (for weekly or fortnightly payments). The arrears must exist both on the date notice is given and at the court hearing. Eviction cannot proceed if the tenant pays off the debt or owes less than the required amount, and rent arrears caused by Universal Credit or other benefits do not count.
Notice period: 4 weeks
Discretionary grounds for possession after the Renters’ Rights Act
Brief description: This ground can be used by landlords if the tenant has been offered alternative accommodation that is suitable for them.
Notice period: 2 months
Brief description: A landlord can seek to evict a tenant for rent arrears before they reach three months’ rent, but a possession order will only be granted if the court considers it reasonable.
Notice period: 4 weeks
Brief description: A landlord can seek to evict a tenant who has repeatedly delayed paying rent.
Notice period: 4 weeks
Brief description: A landlord can seek to evict a tenant who has breached one or more terms of the tenancy agreement, excluding rent payments.
Notice period: 2 weeks
Brief description: A landlord can seek to evict a tenant who has allowed the condition of the property to deteriorate.
Notice period: 2 weeks
Brief description: A landlord can use this ground if the tenant, someone living with them, or a visitor engages in antisocial behaviour or commits a serious offence near the property. The behaviour does not need to occur inside the property; it can take place nearby.
Notice period: No notice required, but the court cannot make a possession order for 14 days.
Brief description: A landlord can seek to evict a tenant or another adult living with them if they have been convicted of an offence committed during a riot.
Notice period: 2 weeks
Brief description: A landlord can seek to evict a tenant who has allowed the condition of the furniture to deteriorate.
Notice period: 2 weeks
Brief description: A landlord can seek to evict a tenant if the tenant, or someone acting on their behalf, provided false information to obtain the property.
Notice period: 2 weeks
