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If you’re a landlord and your tenant has broken the terms of their tenancy, you may be able to regain possession of your property using a Section 8 Notice.

Unlike a Section 21 “no-fault” notice, a Section 8 Notice requires you to show that the tenant has breached one of the legal grounds for possession under the Housing Act 1988. Depending on the ground relied on, you may need to give as little as two weeks’ notice or up to two months.

Grounds for Possession

There are 17 grounds a landlord can rely on when serving a Section 8 Notice.

  • Mandatory grounds (1–8): if proved, the court must grant possession.
  • Discretionary grounds (9–17): the court decides if granting possession is reasonable.

Some of the most common grounds include:

  • Rent arrears: Ground 8 requires at least two months’ arrears at the date of the notice and the court hearing.
  • Persistent late payment of rent: Even if arrears are cleared, repeated late payments can justify possession (Ground 11).
  • Breach of tenancy terms: For example, subletting without consent or keeping pets against the agreement (Ground 12).
  • Damage or neglect: If the tenant has caused damage to the property or furniture (Grounds 13 & 15).
  • Anti-social behaviour: Including nuisance to neighbours or using the property for illegal purposes (Ground 14).
  • False statements: If the tenancy was granted based on misleading information (Ground 17).

Other grounds cover situations such as the landlord needing to move back in, redevelopment of the property, or the property being tied to a job that has since ended.

Notice Periods Required

The notice period you must give depends on which ground you’re relying on:

Two weeks’ notice:

  • Ground 8 (serious rent arrears)
  • Ground 10 (some rent arrears)
  • Ground 11 (persistent late payment)
  • Ground 12 (breach of tenancy terms)

Two months’ notice:

  • Grounds 1–5 (landlord’s circumstances, such as needing to move back in)
  • Ground 6 (redevelopment)
  • Ground 9 (alternative accommodation)

No minimum notice period:

  • Ground 14 (anti-social behaviour) – proceedings may begin immediately in urgent cases

The notice must specify the earliest date you can apply to court. This cannot be before the notice period expires or before the end of any fixed term in the tenancy.

Completing Form 3

Section 8 Notices must be served using the prescribed Form 3, available from GOV.UK.

The form must include:

  • Full property address and all tenant names
  • The specific ground(s) you’re relying on
  • A clear explanation of why each ground applies
  • The correct notice period and earliest date for court proceedings
  • Your signature and date

Evidence requirements:

For rent arrears cases, attach a detailed rent schedule showing:

  • Each rent due date
  • Payments received
  • Running balance of arrears

For breach of tenancy terms, provide specific details of the breach and relevant tenancy clause numbers.

Common mistakes to avoid:

  • Using an outdated version of Form 3
  • Vague or incomplete descriptions of grounds
  • Incorrect notice periods
  • Missing tenant names or wrong property address

The Process Step by Step

1. Serve the Section 8 Notice

  • Clearly state which ground(s) you are relying on
  • Give the correct notice period
  • Use the correct prescribed form
  • Keep proof of service (certificate of posting or witness statement)

2. Wait for the notice period to expire

  • If the tenant leaves, no further action is needed
  • If not, you’ll need to apply to court

3. Apply for a possession order

  • Submit claim form and supporting evidence to the County Court
  • Pay the court fee
  • The court will review your claim and set a hearing date

4. The court hearing

Section 8 claims follow the standard possession procedure (not the accelerated route). Both parties can present evidence and arguments.

Possible outcomes include:

  • Outright possession order – The tenant must leave, usually within 14 days (or up to 6 weeks if hardship is shown)
  • Suspended possession order – Common for discretionary grounds; the tenant can stay if they meet conditions (such as paying current rent plus arrears instalments)
  • Dismissal – If the landlord fails to prove the grounds

For mandatory grounds like Ground 8, the court must grant possession if the ground is proved. For discretionary grounds, the court considers whether possession is reasonable in the circumstances.

5. Enforce the order if necessary

If the tenant still refuses to leave after a possession order is granted, you cannot physically remove them yourself. You must apply for enforcement through:

  • County Court bailiffs – Standard enforcement route
  • High Court Enforcement Officers – Requires permission to transfer the order to the High Court; often faster

Enforcement timescales vary depending on court availability, typically 4–8 weeks from application to eviction.

Why Accuracy Matters

Section 8 Notices can be technical. Mistakes with dates, grounds, or service of the notice can make it invalid and set you back months. Even small errors in the court paperwork can delay proceedings.

For landlords, this can mean more lost rent and longer disputes, which is why many choose to have a solicitor prepare and serve the notice on their behalf.

Section 8 vs Section 21 – What’s Changing?

With the Renters’ Rights Act 2025 set to abolish Section 21 “no-fault” evictions from 1 May 2026, Section 8 Notices will become the main legal route for landlords to regain possession of their property. This makes understanding the grounds and process even more important for all landlords.

Once Section 21 is abolished, landlords will need to prove specific grounds for possession in every case. This means more reliance on accurate evidence, proper notice procedures, and court processes.

How Franklins Can Help

If you need to regain possession of your property, our litigation team can:

  • Review your situation and advise whether Section 8 is the right approach
  • Prepare and serve a valid notice to avoid delays
  • Handle the court process if your tenant refuses to leave
  • Represent you at hearings and enforcement proceedings

Contact our experienced litigation team for advice and a quote.

Frequently Asked Questions

Yes. Unlike Section 21 notices, Section 8 notices can be served at any time during the tenancy if valid grounds exist. However, you cannot apply to court until the notice period expires, and you cannot obtain possession before the fixed term ends unless the tenancy agreement includes a break clause for the specific ground you’re using.

You can still proceed with your claim. However, for Ground 8 (mandatory ground), the arrears must still be at least two months at the date of the court hearing. If they’ve fallen below this threshold, the court cannot grant possession under Ground 8, though you may succeed under Ground 10 or 11 (discretionary grounds).

Yes. You can rely on multiple grounds in the same notice, which is often advisable. For example, you might cite both Ground 8 (serious arrears) and Ground 11 (persistent late payment) to cover different scenarios. Each ground must be clearly stated with supporting evidence.

No, but it’s advisable. Section 8 claims are more complex than Section 21 claims because you must prove your case in court. Errors in the notice or evidence can result in dismissal, costing you time and money. Many landlords instruct solicitors to ensure the process is handled correctly.

From serving the notice to obtaining possession typically takes 3–6 months, depending on court backlogs and whether the tenant defends the claim. Mandatory grounds like Ground 8 are usually quicker if properly evidenced. Enforcement through bailiffs adds another 4–8 weeks if the tenant doesn’t leave voluntarily.

No. Even with a valid Section 8 notice and grounds for possession, you cannot remove a tenant without a court order. Self-eviction (such as changing locks or removing belongings) is illegal and can result in criminal charges and compensation claims against you. You must follow the legal process through the courts.

Disclaimer: The information provided on this blog is for general informational purposes only and is accurate as of the date of publication. It should not be construed as legal advice. Laws and regulations may change and the content may not reflect the most current legal developments. We recommend consulting with a qualified solicitor for specific legal guidance tailored to your situation.

Written by Nieve Frances Jones
Solicitor, Dispute Resolution at Franklins Solicitors LLP

Specialises in property evictions, debt recovery, civil and contract disputes, TOLATA claims, injunctions and contentious probate including inheritance and trust disputes.

Nieve Frances Jones is a Solicitor at Franklins Solicitors LLP, having recently qualified after completing her Law degree at the University of Northampton and her LLM and Legal Practice Course at BPP University.

She specialises in civil and commercial litigation, covering areas such as property evictions, debt recovery, boundary and neighbour disputes, contract claims, defamation and contentious probate.

Nieve is passionate about guiding clients through the litigation process and works closely with her team to ensure clients receive clear, accurate advice from the outset.

Outside of work, Nieve enjoys hiking, Brazilian Jiu-Jitsu, Muay Thai and spending time with family and friends.

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