News & Insights

Are you a landlord or a tenant locked in a dispute, wondering about your rights associated with a potential eviction?

In the following, we answer some of the most frequently asked questions about the Section 8 eviction process.

Q1: What is a Section 8 eviction notice?

This is a notice under Section 8 of the Housing Act 1988. It allows landlords to evict tenants for specific reasons (on certain “grounds”). This notice gives a date after which the landlord may start court proceedings to obtain a court order requiring the tenant to leave.

Q2: When can a landlord serve a Section 8 notice?

A landlord can serve a Section 8 notice when a tenant breaches their rental agreement. The Housing Act 1988 outlines 17 different legal grounds for eviction, split into two categories:

Mandatory grounds (1–8): If proven, the court must order the tenant to leave. For instance, serious rent arrears of at least 2 months are a common basis for eviction under these grounds.

Discretionary grounds (9–17): The court has the power to grant or refuse possession based on the evidence provided. Examples include property damage beyond fair wear and tear or ongoing late rent payments.

Practical tip for landlords: Navigating a claim on a discretionary ground can be difficult. From our experience, a landlord has the best chance at success if they can provide reliable evidence of the breaches of the tenancy agreement or other grounds relied on (such as convictions for antisocial behaviour).

Q3: How much notice must a landlord give under Section 8?

The notice periods will vary depending on the ground under which the landlord is seeking to recover possession. Currently:

• Grounds 1–6: Require at least 2 months’ notice.
• Grounds 7–17: Require 2 weeks’ notice.

Q4: How should a Section 8 notice be served?

Proper service is vital. A notice served incorrectly may invalidate it and cause a delay to court proceedings..

Practical tip for landlords: Get legal advice before serving a notice to avoid errors. Seeking professional assistance can save time and costly mistakes.

Q5: What happens if a tenant refuses to leave after a Section 8 notice?

If the tenant stays after the notice expires, the landlord must apply to court for a possession order. This involves:

1. A court hearing where both sides present their case; and-
2. If the court grants a possession order and the tenant fails to vacate, the landlord can apply to the court for enforcement by county or high-court bailiffs.

Important to note: Forcibly removing tenants without a court order is illegal and considered a serious criminal offence.

Q6: How do recent legal changes affect Section 8 evictions?

The UK government has introduced the Renters Rights Bill, which is scheduled to become law in 2025 and will abolish ‘no-fault’ Section 21 evictions. This change will mean that landlords will increasingly rely on Section 8 notices to regain possession.

Need advice? Contact our team for guidance on how the Renters’ Rights Bill might affect you.

Q7: How can landlords avoid needing a Section 8 eviction?

Prevention is often better than cure. Tips for landlords include:

• Clear tenancy agreements: Ensure both parties understand responsibilities upfront.
• Open communication: Discuss payment plans if tenants struggle with rent.
• Seek professional advice: If conflicts arise, work with legal experts to form a practical strategy.

Q8: Where can landlords and tenants get legal advice on Section 8 evictions?

• Organisations like Citizens Advice and Shelter offer free support and guidance for both Landlords and Tenants
• Our team specialises in navigating Section 8 proceedings, in particular for Landlords. We can draft legally compliant notices, guide you through the process, and provide tailored advice.

Our landlord and tenant specialist solicitors have many years of experience in this area. For further information, please call one of our Dispute Resolution team today.