Landlord and Tenant

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.

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:

Grounds 1 – 8 are the mandatory grounds which if proven, the court must order the tenant to leave.  Most commonly under these grounds we see situations where there are serious rent arrears (at least 2 months of rent) from the tenant.

Grounds 9 – 17 are discretionary grounds which means that the court has the power to grant or refuse possession. These grounds may include when a tenant has failed to pay rent continuously over time or has damaged a property beyond fair wear and tear. 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).

Service of the notice in accordance with the legal requirements is essential for the court to accept a Section 8 claim. How service should be made may vary depending on the situation. Errors can lead to the notice being invalid and this will delay the eviction process and could result in any court proceedings being struck out which would mean that you would have to start the process again.

We regularly submit section 8 claims and will be happy to assist in either reviewing a notice that you have served or drafting a notice. We can advise on the contents of the notice and ensure that it encompasses the required elements.

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

Currently, grounds 1- 6 have a notice period of at least two months whereas grounds 7-17 have a notice period of two weeks.

If a tenant does not vacate the property after the notice period ends, the landlord must apply to the court for a possession order. A court hearing will be scheduled, during which both parties can present their case.

If the court grants possession, and the tenant still refuses to leave, the landlord can apply to the court to enforce the possession order through the use of county or high court bailiffs

A landlord is not permitted by law to physically remove a tenant without a court order, to do so would be a serious criminal offence.

As of 2025, the UK government has introduced the Renters Rights Bill, which abolishes ‘no-fault’ Section 21 evictions. When this comes into force landlords will have to increasingly rely on Section 8 to regain possession of their properties.

If you would like further information on the changes brought under the Renters Rights Bill and how this might affect you or your property, please contact a member of our team.

It is good practice to have a well drafted tenancy agreement at the outset to create a sound understanding of what is required from both the landlord and the tenant. This may help minimise the risk of something going wrong.

Even when this is in place, events can take place that are beyond our control and issues arise.

As a landlord, you can try to avoid the need to start proceedings by openly communicating with the tenant and negotiate a solution which would see an outcome that you are happy with. This could be to devise a payment plan that would ensure that some of your costs for the property are paid to you whilst the tenant is finding their feet.

This may not always be a viable option, so we are happy to discuss your circumstances with you and help form a strategy that works for you.

If you are a tenant and you are facing a Section 8 notice then we recommend that you contact Citizens Advice or the housing and homeless charity, Shelter. Both of these organisations may be able to support you and make you aware of your rights if you are facing eviction for which they do not charge.

If you are a landlord and wish to find out more information, please contact us and we can hopefully help you navigate the challenges of Section 8 proceedings.