Section 8 notice received. You do not have to leave.

A section 8 notice is the only route a landlord in England now has to seek possession. But receiving one is not the end — it is the beginning of a legal process in which you have rights. Many notices are defective. Most discretionary grounds can be defended. No-one is evicted by a notice alone.

Serious rent arrears

At least 2 months' (or 8 weeks') rent unpaid at both the notice date and the court hearing. If you pay enough to reduce arrears below 2 months before the hearing, the ground fails.

Any rent unpaid at the notice date. Court must also be satisfied it is reasonable to grant possession given all the circumstances.

Persistent late payment

A pattern of late rent payments, even if nothing is currently owed. Landlord must show a consistent history of lateness.

Nuisance or antisocial behaviour

Nuisance, annoyance or harassment of neighbours, or criminal convictions for using the property for illegal purposes.

Landlord or family wants the property

Landlord or close family member needs it as their only or principal home, or landlord intends to sell. Cannot be used in the first 12 months of a tenancy.

Demolition or substantial works

Landlord intends to demolish or substantially reconstruct the property and cannot do so with the tenant in occupation.

Section 8 notice on Form 3

Your landlord must use the prescribed Form 3 (updated for the Renters' Rights Act 2025). The notice must name the ground(s), state the facts relied on, and give the correct notice period for each ground.

Notice period must expire

Different grounds require different notice periods — 14 days for rent arrears, 2 months for Ground 1. The court cannot hear the case until the notice period has fully expired.

Your landlord applies to the county court for a possession order. You will receive a claim form (N5B or N119) and a Defence form (N11B or N11M). You have 14 days to respond.

For discretionary grounds, the court holds a hearing. You can attend, present evidence, and argue against possession. The judge weighs all the circumstances — your situation counts.

Possession order (if granted)

If the court grants an order, you will typically have 14–28 days to vacate. You can apply for a stay (delay) if leaving immediately would cause exceptional hardship.

The only legal eviction route from 1 May 2026

Section 8 notice received.

You do not have to leave.

This page explains every ground your landlord might use, what the correct procedure is, and what defences are available to you.

How section 8 possession works — step by step.

Check the form number

Section 8 notices must use Form 3, updated for the Renters’ Rights Act 2025. If your landlord used an old version of the form, the notice may be invalid. Start My Claim checks this automatically.

The grounds explained

Every ground your landlord might use — and how to challenge it.

There are 18 grounds in Schedule 2 of the Housing Act 1988. The six below are the ones most commonly cited. For mandatory grounds, the court must grant possession if the ground is proved. For discretionary grounds, the court also weighs whether it is reasonable in all the circumstances.

Common reasons a section 8 notice is invalid.

Get your section 8 notice checked.

Start My Claim reviews your notice for procedural defects, identifies your strongest defences across all cited grounds, and prepares a written response for the county court. Fixed fee £127.

Section 8 notice — FAQ

Sources: Housing Act 1988, Schedule 2 (as amended by the Renters’ Rights Act 2025) · Housing Act 1988, s.8 · Civil Procedure Rules Part 55 · MHCLG: The Renters’ Rights Act Information Sheet 2026 · Protection from Eviction Act 1977, s.1