SECTION 8 NOTICES

At Sunrise Solicitors, we provide clear, reliable, and legally sound advice to both landlords and tenants involved in Section 8 notice proceedings across England and Wales. Whether you are seeking to regain possession of your property or you are a tenant facing eviction, our specialist housing law team is here to protect your rights and guide you through each step of the process. Whether you are a landlord seeking possession of your property or a tenant defending against eviction, early legal advice is critical. Do not wait until it is too late. Contact Sunrise Solicitors for professional, clear, and effective legal support with Section 8 notices. 

What is Section 8 Notice? 

A Section 8 Notice is a formal legal document served by a landlord to a tenant in England or Wales to initiate possession proceedings under Section 8 of the Housing Act 1988. This notice is used when a landlord seeks to regain possession of a residential property during the fixed term or periodic term of an Assured Shorthold Tenancy (AST) based on specific legal grounds for eviction. 

Why is it Served? 

Unlike the more procedural Section 21 Notice, which does not require a reason for eviction, Section 8 Notice is fault-based. It is served when the tenant has breached one or more terms of the tenancy agreement, and the landlord seeks to end the tenancy before the contractual period ends or during a periodic tenancy. The Section 8 process allows landlords to apply to the court for a possession order if the tenant does not vacate the property by the date specified in the notice. 

Section 8 Notice by Landlord 

Under Section 8 of the Housing Act 1988, there are eighteen statutory grounds for possession, as set out in Schedule 2 of the Act. These grounds are categorised as either mandatory—where the court must grant possession if the ground is established—or discretionary, wherein the court may exercise its discretion based on the facts and overall reasonableness of the case. 

When acting on behalf of landlords, letting agents or legal representatives must ensure that sufficient and admissible evidence is provided in support of each ground relied upon. The notice period to be given to the tenant will depend on the specific ground(s) invoked, and where multiple grounds are cited, the longest applicable notice period must be observed to ensure procedural compliance.  A Section 8 Notice may be served at any stage of the tenancy, including during a fixed term, unless the wording of a particular ground stipulates otherwise.

Mandatory Grounds 

Where a landlord seeks possession of a residential property under Section 8, reliance on a mandatory ground compels the court to make a possession order, provided that the ground is properly established and supported by adequate evidence. The notice periods associated with these grounds vary depending on the specific circumstances and can range from two weeks to four months. 

Ground 1 (As Amended)

This ground applies where the landlord, or their spouse or civil partner, or a close family member, intends to occupy the property as their principal residence. The ground can only be relied upon if the tenancy has been in place for at least 12 months. It must also be shown that the landlord had previously occupied the property as a home or had intended to do so at the time the tenancy commenced. 

Ground 1A (New)

This newly introduced ground enables a landlord to seek possession if they intend to sell the property with vacant possession. Similar to Ground 1, this ground is not available until the tenant has occupied the premises for at least 12 months. Evidence of a genuine intention to sell, such as an estate agent’s letter or valuation, may be required. 

Ground 2

This ground may be invoked if the property is subject to a mortgage which pre-dates the tenancy, and the lender is seeking to enforce its security by repossessing the property. The landlord must demonstrate that the lender has valid grounds to repossess under the terms of the mortgage. 

Grounds 2ZA to 2ZD (New Provisions)

These grounds cover situations where a leasehold interest has expired and the landlord does not hold the freehold or sufficient interest to continue the tenancy. The grounds allow possession where there has been a legal reversion of title, affecting the landlord’s ability to let the property. 

Ground 4

This applies to accommodation let by educational institutions (such as universities or colleges) on a fixed-term tenancy not exceeding 12 months. Possession may be sought if the property is required for incoming students at the end of the academic year. 

Ground 4A (New)

This new provision extends Ground 4 to private landlords of student accommodation who are not affiliated with educational bodies. It allows them to regain possession in preparation for the start of a new academic year, provided there is a legitimate operational need. 

Ground 5

This ground is relevant to properties owned by religious organisations, where possession is required to house a minister of religion who will perform duties connected to that faith. The landlord must establish the religious function and necessity of housing the minister. 

Ground 6

A landlord may seek possession where they intend to demolish, reconstruct, or undertake substantial works to the property which cannot reasonably be carried out while it is occupied. The tenant is generally entitled to relocation costs unless they were responsible for the need for the works due to tenant conduct. 

Ground 6A (New)

This new ground enables possession where it is necessary for the landlord to comply with enforcement action, such as a prohibition order under housing standards legislation. The landlord must show that continued occupation would breach a legal obligation. 

 Ground 7

This applies in situations where the tenant has died, and there is no individual who is lawfully entitled to succeed the tenancy. However, this ground cannot be used where a surviving spouse or civil partner has a statutory right of succession and resides at the property. 

Ground 7A

This mandatory ground concerns serious anti-social behaviour, including criminal convictions, breach of injunctions, or closure orders under relevant legislation. The behaviour must be sufficiently serious, and possession will be granted where the conditions in the statutory provisions are met. 

Ground 7B

This ground allows possession where the tenant does not have the legal right to rent the property under the Immigration Act 2014, i.e., they are disqualified due to their immigration status. A valid notice from the Secretary of State confirming disqualification is usually required. 

Ground 8 (As Amended)

This is the most used mandatory rent arrears ground. It applies where the tenant is in arrears of at least three months’ rent, or 13 weeks’ rent where rent is payable weekly or fortnightly. The arrears must be present both at the time the notice is served and at the time of the court hearing. If both thresholds are met, the court must make a possession order. 

Discretionary Grounds 

Under the Housing Act 1988, discretionary grounds permit the court to determine whether possession should be granted, based on the facts presented and the overall reasonableness of making a possession order. These grounds are typically relied upon in cases involving less serious breaches of tenancy obligations or tenant behaviour that may justify eviction, subject to judicial discretion. The landlord bears the burden of proving the ground(s) relied upon and establishing that it is reasonable in all the circumstances for the court to grant possession. 

Ground 9

Possession may be sought where the landlord has provided the tenant with a suitable alternative accommodation, which is both reasonable in all respects and comparable to the current tenancy. The new tenancy must meet specific criteria relating to type, rent level, security, and location. 

Ground 10

Applies where the tenant is in arrears of rent at the time the notice is served and at the commencement of possession proceedings, but the arrears are insufficient to meet the threshold for Ground 8. This ground is discretionary, and the court will consider the reasons for non-payment and any efforts made to clear the debt. 

Ground 11

Engaged where the tenant has repeatedly delayed rent payments, even if no arrears are outstanding at the time of proceedings. It focuses on the persistent late payment pattern, which disrupts the landlord’s ability to manage the tenancy effectively. 

Ground 12

Relates to a breach of any term of the tenancy agreement, excluding those related to rent. Common breaches include unauthorised subletting, keeping pets in breach of the tenancy, or failing to maintain the property in a clean and orderly state. 

Ground 13

This ground permits possession where the condition of the property has deteriorated due to the tenant’s neglect or deliberate action, or due to the actions or omissions of someone residing at or visiting the premises. The landlord must demonstrate that the deterioration is material and attributable to the tenant. 

Ground 14

Applies where the tenant, or a person residing in or visiting the property, has engaged in conduct that amounts to a nuisance or annoyance to neighbours or other persons in the locality, or has been convicted of using the property for illegal or immoral purposes. This includes drug-related offences or anti-social behaviour. 

Ground 14A (Applicable to social landlords only)

This ground permits eviction where the tenant, as a perpetrator of domestic abuse, has caused the victim to vacate the property. It is only available to registered providers of social housing and requires evidence of the abuse and the victim’s departure from the property. 

Ground 14ZA

Enables possession where the tenant, or an adult residing at the property, has been convicted of an indictable offence committed during or in connection with a riot occurring in the United Kingdom. The offence must have taken place at or near the locality of the property. 

Ground 15

Available where the tenant, or someone residing with or visiting them, has caused damage to furniture supplied by the landlord under the tenancy agreement. The landlord must prove that the damage was due to negligence or deliberate action. 

Ground 17

Possession may be sought where the tenancy was granted based on a false statement made knowingly or recklessly by the tenant or someone acting on their behalf. The falsehood must have materially influenced the landlord’s decision to grant the tenancy. 

Ground 18 (New)

This applies specifically to supported accommodation. If the tenant has unreasonably refused to engage with support services which are a condition of their occupation, the landlord may seek possession. This ground ensures compliance with the support-based nature of the tenancy. 

How to Serve a Section 8 Notice?

To commence possession proceedings under Section 8 of the Housing Act 1988, a landlord or their appointed agent must serve a valid notice of seeking possession. This is done by completing and delivering Form 3, the prescribed form issued under the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, which is available for download from the official GOV.UK website. 

The notice must clearly specify: 

• The ground(s) for possession being relied upon (as set out in Schedule 2 of the Act) 
• A factual summary supporting each ground 
• The required notice period, calculated in accordance with the relevant statutory provisions 
• The date on which possession proceedings may commence, if the tenant fails to vacate voluntarily 

Method of Service

The method used to serve the notice must comply with: 

• The terms of the tenancy agreement (particularly any clause governing service of notices), and 
• The rules under the Civil Procedure Rules and common law regarding valid service 

Permissible methods may include personal delivery, postal service to the last known address, or electronic communication, where expressly agreed in writing. A failure to serve the notice correctly may render it invalid, thus jeopardising the possession claim. 

Importance of Evidence and Record-Keeping

Landlords and agents must maintain a clear evidentiary record of the grounds relied upon. This includes: 

• Dated rent statements in cases of arrears 
• Photographs, complaints, or witness statements for property damage or antisocial behaviour 
• Copies of correspondence, inspection reports, and breach warnings 

A failure to substantiate the grounds with appropriate evidence may lead to the dismissal of the claim or significant delays in obtaining possession. 

Equally important is the need to retain proof of service of the notice—such as a certificate of posting, signed delivery receipt, or witness statement where applicable. Courts may require this documentation to confirm proper notice was given. 

• Multiple grounds are being relied upon 
• The breach is contested 
• There are questions about the correct notice period 
• The tenancy agreement contains unusual or outdated clauses 

Proper legal guidance ensures that the notice is both legally valid and strategically effective, reducing the risk of avoidable litigation failures. 

When Can a Section 8 Notice Be Served?

A Section 8 notice may be lawfully served at any point during an assured or assured shorthold tenancy, once the tenant has breached a term of the agreement or when the landlord seeks possession based on one or more of the statutory grounds set out in Schedule 2 of the Housing Act 1988. 

Service of the notice is appropriate following: 

• A contractual breach by the tenant (e.g. rent arrears, nuisance, or property damage), or 
• A landlord’s need to regain possession for reasons legally recognised under the Act (e.g. intent to sell, requirement for occupation, or redevelopment) 

Notice Period Requirements

Each ground for possession has a corresponding minimum notice period, which must be strictly observed. These timeframes vary based on the seriousness of the ground relied upon—ranging from immediate action in cases of serious antisocial behaviour to up to four months’ notice for other grounds. 

Before serving the notice, landlords or agents must ensure that: 

• The required notice period for each ground is correctly calculated 
• Any preconditions or procedural steps associated with the ground (such as providing alternative accommodation under Ground 9) have been satisfied 
• The information provided in Form 3 is accurate, complete, and supported by evidence where necessary 

Failure to adhere to these requirements or to provide accurate information may render the notice procedurally defective, potentially causing delays or dismissal of a future possession claim.

When is a Section 8 Notice Considered Invalid?

A Section 8 notice may be deemed legally ineffective if it fails to comply with the statutory requirements set out under the Housing Act 1988 and the associated procedural rules. It is the responsibility of landlords and letting agents to ensure that all required information is accurately completed in Form 3 prior to service. 

The notice must include the following essential particulars: 

• Full legal names of all tenants 
• Correct address of the demised premises 
• Specific ground(s) for possession as stated in Schedule 2 of the Act 
• Exact expiry date of the applicable notice period 

Common Reasons for Invalidity

1. Incorrect or Incomplete Grounds: If the grounds relied upon are either misstated, unsupported by facts, or do not reflect a valid legal basis under the Act, the court may reject the notice outright. 
2. Misstated Notice Period: Each ground requires a specific statutory notice period. Where multiple grounds are relied upon, the longest relevant notice period must be applied. An error in calculating or applying the notice period will likely render the notice defective. 
3. Failure to Allow for Deemed Service: In accordance with the Civil Procedure Rules, landlords must account for the time required for the notice to be deemed served, based on the method of delivery (e.g., postal service, hand delivery). Failure to include this time when determining the expiry date of the notice period will invalidate the notice, as the tenant may not have been given the legally required notice duration. 
4. Omission of Required Information: Missing or inaccurate details—such as tenant names or property address—may lead to procedural non-compliance, giving tenants grounds to challenge the notice. 

Can a Landlord Serve Both Section 8 Notice and Section 21 at Once? 

Yes, a landlord is legally permitted to serve both a Section 8 notice and a Section 21 notice at the same time, subject to compliance with the statutory requirements applicable to each route. These notices serve different legal purposes and are governed by distinct provisions under the Housing Act 1988. 

Purpose of Serving Both Notices 

• Section 8 notice is fault-based and is used where the tenant is in breach of the tenancy agreement, such as for rent arrears, antisocial behaviour, or property damage. 
• A Section 21 notice, by contrast, is a no-fault eviction mechanism, enabling the landlord to recover possession at the end of a fixed term or during a periodic tenancy, without alleging a breach. 

How Long does a Section 8 Claim Take? 

Court proceedings may commence once the notice period set out in Section 8 notice has expired. As per current Government guidance, there is typically an estimated waiting period of around eight weeks from the date of issuing a claim to the first possession hearing in the County Court. However, this timeline may vary depending on the caseload of the local court and the complexity of the matter. Prompt and accurate compliance with the procedural requirements remains essential to avoid adjournments or dismissal. 

Where possession is granted but the tenant fails to vacate voluntarily, further delays may arise if enforcement is required through County Court bailiffs or High Court Enforcement Officers (HCEOs). In areas with high demand, the total process—from notice service to physical eviction—can extend up to nine months. This delay may result in substantial rent arrears and financial loss to the landlord, with a knock-on effect for letting agents managing rent recovery or ongoing tenancies. 

Can Tenants Challenge Section 8 Notice? 

Yes, tenants can challenge a Section 8 notice, and they are legally entitled to do so by responding to the landlord’s possession claim in court. The Housing Act 1988 and the Civil Procedure Rules allow tenants to dispute both the validity of the notice and the grounds relied upon. The success of such a challenge will depend on the strength of the tenant’s evidence, the ground cited, and whether the ground is mandatory or discretionary. 

For mandatory grounds (such as Ground 8 for serious rent arrears), tenants can challenge the claim by proving the arrears have been reduced below the statutory threshold by the time of the court hearing. In such cases, the possession claim may be dismissed. For discretionary grounds, tenants can present evidence that either disputes the factual allegations (e.g. denying antisocial behaviour or property damage) or argues that it would be unreasonable to grant possession under the circumstances (e.g. evidence of vulnerability, repayment plans, or procedural defects). Additionally, tenants can challenge the validity of the notice itself, for example, if the notice period was incorrect, the grounds were misapplied, or Form 3 was improperly completed or served. Courts assess all evidence presented before determining whether possession is justified. 

How can Sunrise Solicitors Help landlords in Section 8 Notices? 

At Sunrise Solicitors, we provide comprehensive legal support to landlords seeking to regain possession of their properties through the Section 8 notice procedure. Our team consists of specialist litigation solicitors with in-depth expertise in housing law and a proven track record of successfully navigating complex possession claims under the Housing Act 1988. 

We assist landlords from the very outset by: 

• Identifying the correct legal grounds for possession based on evidence, including rent arrears, breaches of tenancy, or antisocial behaviour. 
• Drafting and serving a legally compliant Section 8 notice (Form 3), ensuring full adherence to statutory requirements, notice periods, and procedural obligations under the Civil Procedure Rules. 
• Advising on and gathering supporting evidence that will withstand judicial scrutiny, including rent schedules, correspondence, inspection reports, and witness statements. 
• Ensuring proper service of notice in accordance with the tenancy agreement and legal rules, eliminating risks of invalidity or procedural delays. 

Should the matter proceed to court, we represent landlords throughout the possession proceedings, preparing court bundles, drafting pleadings, and advocating at hearings to secure timely possession. Where necessary, we handle enforcement actions, including applications for County Court Bailiffs or High Court Enforcement Officers (HCEO). 

Section 8 Notice for Tenants 

Receiving a Section 8 notice marks the beginning of formal possession proceedings initiated by your landlord, but it does not require immediate eviction. If the notice is legally valid, the landlord must apply to the court for a possession order before any eviction can occur. Tenants may have the right to challenge the claim, particularly if the notice is defective or the grounds are disputed, which may enable them to remain in the property longer or avoid eviction altogether. 

When can a Tenant Get Section 8 Notice? 

A Section 8 notice may be served at any stage of the tenancy, depending on the grounds for possession the landlord seeks to rely upon. However, such a notice is only legally valid where the tenancy in question is either an Assured Tenancy or an Assured Shorthold Tenancy, as defined under the Housing Act 1988. 

Before issuing a Section 8 notice, the landlord must state the specific ground(s) for possession being relied upon, as set out in Schedule 2 of the Act. Common grounds include, but are not limited to: 

• Rent arrears 
• Deliberate or negligent damage to the landlord’s property 
• Conduct causing nuisance or annoyance to neighbouring occupants 

Tenants uncertain about their tenancy status may consult reputable housing advice services, such as Shelter, to determine the nature of their tenancy and understand their legal rights. 

How Much Notice Time Will Tenant Get? 

The length of notice provided in a Section 8 notice depends on the grounds for possession cited by the landlord. The applicable notice period must comply with the legal framework in force at the time the notice was served. 

• For notices served on or after 1 October 2021, the minimum notice period is generally 14 days, unless a longer period is required based on the specific ground relied upon. Tenants are not required to vacate immediately upon receipt of the notice. 
• For notices served prior to 26 March 2020, the standard 14-day notice period also applied, subject to the same considerations regarding the grounds used. 
• For notices issued between 26 March 2020 and 30 September 2021, temporary legislation introduced in response to the COVID-19 pandemic required extended notice periods. During this period, landlords were generally obliged to give longer notice, in line with Government regulations in force at the time. 

It is essential that landlords comply with the correct notice period based on the date of service and the ground(s) relied upon, or the notice may be rendered invalid. 

Checking the Validity of Section 8 Notice 

A landlord must serve a Section 8 notice in writing, using either the prescribed Form 3 or a document containing equivalent information. Form 3 is the official notice form mandated under the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, and a copy is available on the GOV.UK website for reference. 

To be valid, the notice must include the following essential elements: 

• The full legal name(s) of the tenant(s) 
• The correct address of the rented property 
• The specific ground(s) for possession being relied upon, as set out in Schedule 2 of the Housing Act 1988 
• The date on which the notice expires, i.e., the date after which court proceedings for possession may commence 

Failure to include this required information may render the notice procedurally defective. However, even if the notice is improperly completed or served, the landlord may still apply to the court for possession. 

Verify if the Reasons of Eviction in Notice Correct? 

When serving a Section 8 notice, the landlord is legally required to state one or more grounds for possession, as specified in Schedule 2 of the Housing Act 1988. These grounds—numbered 1 to 17—set out the statutory reasons upon which the landlord relies to seek possession of the property. 

The notice must clearly indicate: 

• The specific ground(s) for possession being invoked 
• A factual explanation supporting each ground, such as rent arrears, property damage, or tenant misconduct 

The court will assess whether the grounds relied upon are valid and substantiated, and will decide whether possession should be granted or refused. If the ground number and explanation are omitted, the notice may be deemed invalid and possession proceedings may fail. 

Challenge Your Eviction 

If you have received a Section 8 notice, you have the legal right to challenge the eviction before the court makes a decision. A Section 8 notice is not an automatic order to leave your home; it is a notice of the landlord’s intention to seek possession through court proceedings. You are entitled to defend your case and present evidence in response to the claim. 

As a tenant, you may challenge the eviction if: 

• The Section 8 notice is invalid (e.g. incorrect notice period, missing grounds, or procedural errors in Form 3) 
• The grounds for possession are unsubstantiated or factually inaccurate 
• You believe it would be unreasonable for the court to grant possession, particularly under discretionary grounds (such as minor rent arrears, personal hardship, or lack of alternative accommodation) 
• There are counterclaims to be made, such as disrepair, harassment, or breach of quiet enjoyment 

The court will consider your defence and any supporting evidence before deciding whether to grant a possession order. Tenants are strongly advised to seek specialist legal advice at the earliest opportunity to ensure their rights are protected and to prepare a clear response to the landlord’s claim. In many cases, this may result in possession being refused, adjourned, or suspended on terms such as a payment plan. 

Who will Bear the Legal Cost? 

If the landlord is successful in proving the grounds for possession—particularly where mandatory grounds such as Ground 8 for rent arrears are established—the court may order the tenant to pay the landlord’s legal costs. These costs typically include court fees, solicitor’s fees, and costs associated with the possession hearing. In most cases, such costs are added to any existing rent arrears, further increasing the tenant’s financial liability. 

Conversely, if the tenant successfully defends the claim—for example, by demonstrating that the notice was procedurally invalid, that the grounds were not properly substantiated, or that a discretionary ground does not justify eviction—the court may dismiss the landlord’s claim. In such cases, the court may also make a costs order against the landlord, particularly where the claim was brought without merit, lacked evidential support, or failed to comply with statutory notice requirements. 

What is Renters Right Bill 2025?

The Renters’ Rights Bill 2025 is a landmark legislative reform aimed at strengthening protections for tenants in the private rented sector across England. One of the most significant changes introduced by the bill is the abolition of Section 21 ‘no-fault’ evictions, meaning landlords will no longer be able to evict tenants without providing a valid legal reason. In place of fixed-term assured shorthold tenancies, the bill proposes the use of periodic tenancies by default, giving tenants greater flexibility to end their agreements with two months’ notice, while ensuring landlords must rely on recognised grounds for possession.

Additionally, the bill introduces tighter controls on rent increases, allowing only one increase per year and enabling tenants to challenge unfair hikes through the First-tier Tribunal. It also bans rental bidding wars, ensuring properties cannot be let above their advertised price. Further reforms include a ban on discrimination against tenants with children, benefit recipients, or pet owners; introduction of a Decent Homes Standard for private rentals; and the establishment of a mandatory property portal for landlords and a new private rented sector ombudsman to handle disputes more efficiently. While the bill has not yet received Royal Assent, it has progressed through major stages in Parliament and is expected to come into force in phases from 2026. These changes aim to create a fairer and more transparent rental market for both tenants and responsible landlords.

How can Sunrise Solicitors Help Tenants in Section 8 Notice? 

If you have received a Section 8 notice, it is essential to act quickly—but you do not have to face the legal process alone. At Sunrise Solicitors, we are specialist housing law solicitors with significant experience in representing tenants during possession proceedings. We offer clear, strategic legal advice to help you challenge the notice, protect your rights, and explore all available legal options to prevent eviction where possible. 

• Careful Review of Your Notice
• Legal Advice on Grounds for Possession 
• Preparing Your Defence 
• Court Representation 
• Negotiating Settlements or Suspensions 

Do not ignore a Section 8 notice. Speak to Sunrise Solicitors now and get free initial advice.  

Frequently Asked Questions

What is a Section 8 Notice?

In simple words, Section 8 is a legal notice that a landlord can serve to end the tenancy.

Is there any other term used for Section 8 Notice?

Yes, the Section 8 Notice is also known as the ‘Form 3’ Notice.

For what sort of tenancies, a Section 8 Notice can be used?

Section 8 Notice can only be used for Assured Shorthold Tenancy (AST) and/or Assured Tenancy (AT).

What are the grounds to serve a Section 8 Notice?

As set out in Schedule 2 of the Housing Act 1988, The grounds to serve a Section 8 Notice are divided into two categories, 1) Mandatory grounds, and 2) Discretionary grounds.