Section 8 notice: the formal start of a possession claim

A landlord's formal written notice setting out grounds for ending your tenancy and taking possession of the property. The first step in a possession claim, it must be served correctly with the right notice period.

How much notice must a landlord give under Section 8?

It depends on the ground, and the periods changed on 1 May 2026. Serious rent arrears (Ground 8) and the discretionary arrears grounds (Grounds 10 and 11) now carry 4 weeks' notice. Breach of tenancy (Ground 12) and deterioration of the property (Ground 13) carry 2 weeks. The grounds a landlord uses to get the property back for themselves — moving in or a family member moving in (Ground 1), selling (Ground 1A), redevelopment (Ground 6) — carry 4 months. For the anti-social behaviour grounds (7A and 14) there is no notice period and the landlord can go to court straight away, though on Ground 14 the court cannot make a possession order until 14 days after the notice was given. The notice must be in writing, on the prescribed form, and must state clearly which grounds are relied on.

What if the landlord gives a Section 8 notice but the breach is then remedied?

For some grounds, remedy is possible. For example, if the tenant is in arrears and pays them before the hearing, the ground for possession based on arrears is cured. However, the landlord may still pursue other grounds in the same notice — for example, persistent late payment even if current arrears are paid. Some grounds (like persistent breach of tenancy) cannot be cured just by one payment or apology; the tribunal looks at the pattern.

Can a tenant appeal a possession order made under Section 8?

Yes, but only on limited grounds — usually that the court made an error of law or procedure, not because you disagree with the judge's findings of fact. You must appeal within 21 days of the order. Appeals are heard in a higher court and are expensive and time-consuming. Many tenants settle after a possession order rather than appeal.

What is the difference between a Ground 8 and a Ground 10 notice for arrears?

Ground 8 is the mandatory arrears ground: since 1 May 2026 it requires at least 3 months' arrears where rent is paid monthly, or 13 weeks' where it is paid weekly or fortnightly, and the arrears must be at that level both on the day the notice is given and at the hearing. It was 2 months or 8 weeks before that date. Universal credit housing payments the tenant had not yet received are left out of the calculation. If Ground 8 is proved the court must order possession. Ground 10 covers any arrears at all and is discretionary: the judge can refuse possession or suspend the order if the tenant can show they will catch up. Both grounds carry 4 weeks' notice.

Do all grounds for possession require a Section 8 notice?

For a landlord in England, effectively yes. Since 1 May 2026 assured tenancies are periodic, so there is no fixed term to run out, and the Section 21 route has gone. A landlord who wants possession must serve a Section 8 notice on one or more of the Schedule 2 grounds and then obtain a court order. A tenant can still bring the tenancy to an end by giving their own notice; the rules on tenants' notices also changed under the Act.

Can the landlord serve a Section 8 notice verbally or by email?

A Section 8 notice must be in writing and served properly on the tenant. Email may be acceptable if the tenancy agreement permits it, but a hard copy is safest. If the tenant disputes whether they received the notice, the landlord must prove service — delivery in person, posting to the tenant's last known address, or email read receipt. If service is not proved, the claim fails.

What happens at the hearing after a Section 8 notice?

The tenant has the right to attend and defend. You can argue the ground has not been proved (e.g., you dispute you are in arrears) or, for discretionary grounds, argue it is not reasonable to grant possession (e.g., you have a disability and homelessness would be particularly harmful). The judge will hear both sides and decide whether to order possession, suspend the order, or dismiss the claim.

How long does a Section 8 possession claim take?

There is no fixed timetable. The notice period runs first, then the landlord has to issue a claim and wait for the court to list a hearing, which depends on that court's workload and on any adjournments. A defended claim takes longer than an undefended one. A possession order does not by itself remove anyone: if the tenant does not leave by the date in the order, the landlord has to apply separately for a warrant and the removal is carried out by county court bailiffs or High Court enforcement officers.

When can a landlord serve a Section 8 notice?

A Section 8 notice can only be served on a tenant if the tenancy is periodic (monthly or weekly) or if the fixed term has expired and the tenancy has become periodic. A landlord cannot usually serve a Section 8 notice during a fixed-term tenancy — they must wait until the term ends or the tenant agrees to end it early.

Once a periodic tenancy is in place (whether from the start or after a fixed term expires), the landlord can serve a Section 8 notice at any time, provided there are grounds for possession.

The 13 grounds for possession under Housing Act 1988 Schedule 2

The landlord must state which ground(s) they are relying on. Grounds 1–8 are mandatory — if proved, the court must order possession. Grounds 9–13 are discretionary — the court can refuse if it thinks it is not reasonable to grant possession.

• Ground 1: Owner-occupation — landlord or their spouse needs the property to live in
• Ground 2: Mortgagee repossession — the mortgagee wants to take possession
• Ground 3: Holiday let — the property was let for a holiday period and the period has ended
• Ground 4: Educational institution — the property belongs to an educational body and is needed by them
• Ground 5: Resident landlord — a resident landlord wants to end the tenancy
• Ground 6: Death of tenant — the tenant has died and the landlord wants possession
• Ground 7: Fixed-term ending — the fixed-term tenancy has ended and the landlord does not want to renew
• Ground 8: Rent arrears — the tenant is 8 weeks in arrears (or 2 months for periodic)

Discretionary grounds:

• Ground 9: Alternative accommodation available — landlord can offer suitable alternative housing
• Ground 10: Rent arrears (lower threshold) — tenant is in arrears but less than 8 weeks
• Ground 11: Persistent breach of tenancy — tenant repeatedly breaks the tenancy terms
• Ground 12: Damage or deterioration — tenant or their visitors have damaged the property
• Ground 13: Nuisance or waste — tenant or visitors have been a nuisance or caused waste

What must a Section 8 notice contain?

The notice must be in writing and use the prescribed form. Since the Renters’ Rights Act 2025 took effect on 1 May 2026, a private landlord letting an assured tenancy must use Form 3A; a social landlord must use Form 3. The notice must include:

• The landlord's name and address
• The tenant's name and address
• The property address
• The ground(s) for possession (with full details — if it is arrears, state how much and from when)
• The notice period (at least 14 days, or longer for some grounds)
• A statement of whether the ground is mandatory or discretionary
• Information about the tenant's right to defend the claim

The notice must be clear and detailed. If it leaves out key information or is ambiguous, the tenant can challenge it and the claim may fail.

Different grounds carry different notice periods:

• Minimum 2 months: Ground 7 (fixed term ending)
• Minimum 14 days: Grounds 1, 3–6, 8–13
• Immediate: Ground 2 (mortgagee repossession)

The notice period must be strictly observed. If a landlord states "14 days' notice" on a Thursday, they cannot file a claim until 14 days have passed — that is, not until two Thursdays later. Counting errors are a common reason for possession claims to fail.

How the notice is served

The notice must be served on the tenant personally or sent by post to their address. Email is acceptable only if the tenancy agreement specifically allows it. The landlord must keep proof of service — a signed receipt, a certificate of posting, or a read receipt from email.

If the tenant is not at the property, service can be made by leaving the notice at the property or posting it. If service is disputed, the court will hear evidence about how the notice was served and whether it was received.

What happens after a Section 8 notice is served?

The tenant has the notice period to leave voluntarily or to find legal help and prepare a defence. The landlord cannot take any action to remove the tenant until the notice period expires and a court order is obtained.

If the tenant does not leave, the landlord must start proceedings in the court by filing a claim. The court will set a hearing date (usually 4–8 weeks ahead) and both sides can present evidence. The tenant can defend the claim, arguing the ground is not made out or (for discretionary grounds) that it is not reasonable to grant possession.

If the court orders possession, the landlord still cannot physically remove the tenant. They must obtain a warrant of possession from the court, which is then executed by a bailiff. The tenant is usually given 4 weeks to leave after the warrant is issued.

What can tenants do if a Section 8 notice is served?

Get help from a housing specialist immediately. If the notice is defective (wrong form, missing information, wrong notice period), challenge it in court — many defective notices are dismissed. If the ground is disputed, prepare evidence to defend it. For discretionary grounds, gather evidence of hardship — homelessness risk, disability, children in school — to argue it is not reasonable to grant possession.

If rent arrears are the issue, paying them does not necessarily stop the claim if other grounds apply. However, payment can persuade a landlord to withdraw the notice, or can influence a judge who has discretion.

Section 8 notice for rent arrears (Ground 8)

A tenant paying £800 a month is three months in arrears. Since 1 May 2026 that is the threshold for the mandatory arrears ground, and the arrears must still be at that level at the hearing. The landlord sends a Section 8 notice stating:

Ground 8: The tenant is in arrears of rent totalling £2,400 — three months' rent — as at 15 June 2026.

Notice period: 4 weeks from service.

Date served: 15 June 2026.

Earliest court claim date: 13 July 2026 (4 weeks after service).

If the tenant brings the arrears below three months' rent before the hearing, Ground 8 no longer applies, because the threshold has to be met at the hearing as well as at the date of the notice. However, the landlord may pursue other grounds if any exist — for example, persistent late payment under Ground 11.

If the tenant does not pay and the landlord files a claim, the court will hear the case and, if satisfied the arrears are proved, will order possession. The court will usually give the tenant time to pay (a suspended order) before requiring them to leave.

Section 8 Notice — Renters' Rights Glossary

What a Section 8 notice is, and the grounds and notice periods a landlord must get right to start a possession claim now that Section 21 has been abolished.