Section 8 notice

A Section 8 notice is a formal legal notice served by a landlord to regain possession of a property when a tenant has breached the terms of their tenancy agreement. Unlike the "no-fault" Section 21 notice, a Section 8 notice requires the landlord to state specific legal grounds (reasons) for the eviction.

As of May 2026, the Renters's Rights Act changed the way Section 8 Notices work. Specifically, this is now the only way a landlord can evict. The "grounds" (reasons) have been expanded and strengthened (e.g., new grounds if the landlord wants to sell or move in).

When can a Section 8 notice be used?

A landlord can serve a Section 8 notice at any time during the tenancy—including during a fixed term tenancy—if a tenant has violated the contract. Common grounds for a Section 8 notice include:

• Rent Arrears: When the tenant has failed to pay their rent. Rent arrears are the most common reason for a Section 8 notice.
• Property Damage or Neglect: When the tenant has caused significant damage to the property or has failed to maintain it to an acceptable standard.
• Antisocial Behaviour: When the tenant, or their guests, have caused a nuisance to neighbours or used the property for illegal activities.
• Other Contractual Breaches: This includes violating specific clauses, such as keeping pets without permission or subletting the property without the landlord's consent.

What happens after the notice is served?

Serving a Section 8 notice does not immediately end the tenancy. The notice period given to the tenant depends on the specific ground being used; for example, notice for antisocial behaviour can be immediate, while rent arrears usually require two weeks' notice.

1. Resolution Period: Once the notice is served, the tenant has a window of time to resolve the issue (e.g., paying the outstanding rent or stopping the antisocial behaviour).
2. Court Application: If the tenant does not fix the breach or leave the property by the deadline, the landlord must apply to the court for a possession order.
3. The Hearing: At a court hearing, a judge will decide whether to grant the possession order. Depending on the grounds used, the judge may have to grant the order (mandatory grounds) or may use their discretion to decide if it is fair to evict the tenant (discretionary grounds).

Only a court-appointed bailiff can lawfully remove a tenant from a property.