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 3 months' (or 13 weeks') rent unpaid at both the notice date and the court hearing — threshold raised by the Renters' Rights Act 2025 (was 2 months / 8 weeks). If you pay enough to reduce arrears below 3 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 (1) or intends to sell (1A)

Ground 1: landlord or close family member needs the property as their only or principal home. Ground 1A: landlord intends to sell. Under the Renters' Rights Act 2025 these are mandatory grounds with a 4-month notice period, and 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 the prescribed form

Your landlord must use the form prescribed by regulations under the Housing Act 1988 s.8 (as amended by 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 under the Renters' Rights Act 2025 — 4 weeks for rent grounds (8/10/11), 4 months for sale or move-in (Grounds 1 and 1A), and no minimum for Ground 14 (anti-social behaviour). 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 (N11R). You have 14 days to file a defence under CPR 55.7.

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 since 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 prescribed form

Section 8 notices must use the form prescribed under the Housing Act 1988 (as amended by the Renters’ Rights Act 2025). If your landlord used an old or unofficial version, 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 £229.

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

Not legal advice. Start My Claim is document-assembly software, not a law firm. This guide is general information only — for advice on your situation, consult a qualified housing solicitor, Shelter, or Citizens Advice.