If a landlord wants to evict a tenant before their tenancy agreement ends, they must follow the legal process. One of the main ways to do this is by serving a Section 8 notice under the Housing Act 1988. This notice allows landlords to reclaim their property if the tenant has breached the terms of their tenancy agreement.
In this guide, we’ll explain what a Section 8 notice is, why landlords use them, and the legal grounds for eviction. We’ll also cover what happens when a tenant receives a Section 8 notice and what could make it invalid.
What is a Section 8 notice?
A Section 8 notice is a legal document that a landlord serves when they want to repossess their property due to a tenant breaking their tenancy agreement. This can only be used when the tenant has breached the contract, such as:
Falling behind on rent payments
Causing damage to the property
Engaging in antisocial behaviour
Breaking other terms of the tenancy agreement
Why do landlords use them?
A Section 8 notice is used when a landlord has a valid legal reason to end a tenancy early. Unlike a Section 21 notice, which allows landlords to evict tenants without giving a reason, a Section 8 notice requires proof that the tenant has broken the rules. The most common reason for serving a Section 8 notice is unpaid rent, but landlords may also use it for other breaches, such as property damage or disruptive behaviour.
What are the Section 8 grounds for possession?
To serve a Section 8 notice, landlords must use one or the following grounds in possession in Schedule 2 of the Housing Act 1988. These grounds are divided into mandatory (must grant eviction) and discretionary (based on circumstances) categories:
Ground | Type | Reason for eviction | Notice period |
|---|---|---|---|
Ground 1 | Mandatory | The landlord lived in the property before and wants to return | 2 months |
Ground 2 | Mandatory | Property is subject to a mortgage repossession | 2 months |
Ground 3 | Mandatory | The tenancy is for a holiday let and was before let for that purpose | 2 weeks |
Ground 4 | Mandatory | The property is tied to an educational institution and another tenant needs this | 2 weeks |
Ground 5 | Mandatory | Property is owned by a religious organisation and is required for another worker | 2 months |
Ground 6 | Mandatory | The landlord intends to redevelop the property and cannot do so with tenants in place | 2 months |
Ground 7 | Mandatory | Tenant has died, and the tenancy does not transfer | 2 months |
Ground 7A | Mandatory | Tenant convicted of serious antisocial behaviour | Immediate |
Ground 8 | Mandatory | Tenant owes rent for at least 2 months (or 8 weeks if paying weekly) | 2 weeks |
Ground 9 | Discretionary | Suitable alternative accommodation is available | 2 months |
Ground 10 | Discretionary | Tenant owes rent, but not necessarily two months | 2 weeks |
Ground 11 | Discretionary | Persistent delay in paying rent | 2 weeks |
Ground 12 | Discretionary | Breach of tenancy agreement terms (not related to rent) | 2 weeks |
Ground 13 | Discretionary | Damage property due to tenant | 2 weeks |
Ground 14 | Discretionary | The tenant has engaged in antisocial behaviour | Immediate |
Ground 14A | Discretionary | Domestic abuse (only applicable in social housing) | Immediate |
Ground 15 | Discretionary | The tenant has caused damage to furniture or contents | 2 weeks |
Ground 16 | Discretionary | The tenant has property as part of employment and no longer works for the employer | 2 months |
Ground 17 | Discretionary | The tenant lied when entering the tenancy | 2 weeks |
Section 8 mandatory grounds
Mandatory grounds for a Section 8 notice mean that if the landlord proves their case in court, the judge must grant a possession order. The tenant has very little chance of a defence against eviction in these cases. These grounds usually involve serious breaches of the tenancy agreement. Or the landlord has a strong legal reason to reclaim the property.
Ground 1 - Landlord wants to move back in
If the landlord previously lived in the property as their main home and now wants to return, they can issue a Section 8 notice. This ground can be used if the landlord informed the tenant before they moved in this might happen.
Ground 2 - Property being repossessed by a mortgage lender
If the landlord’s mortgage lender is repossessing the property, they have the right to evict the tenant. This ground is only valid if the landlord took the mortgage before the tenancy and includes a clause allowing repossession.
Ground 3 – The property was previously a holiday let
If a property was let before as a holiday home and the landlord now wants to return it to that use, you can serve a Section 8 notice. This only applies if the tenancy agreement states that the letting was short-term.
Ground 4 - Letting by an educational institution
An educational institution (such as a university) could own the property and the landlord needs it for a new student or staff member. They can issue a Section 8 notice.
Ground 5 - Religious housing
Religious organisations own properties that are used by ministers or workers of that faith. If the organisation needs the property for another religious worker, they can use Ground 5 to seek possession.
Ground 6 - Landlord wants to redevelop the property
If the landlord needs to demolish or redevelop the property, they may evict the tenant. The landlord must prove that the work can’t be done while the tenant is living there.
Ground 7 - Death of a tenant
If the tenant has died, and the tenancy does not pass to a family member, the landlord can reclaim the property by law. The landlord must serve notice within 12 months of becoming aware of the tenant’s death.
Ground 7A - Serious antisocial behaviour
If the tenant does antisocial behaviour, criminal activity, or violence, a landlord can evict under Ground 7A. This includes
Drug dealing or production in the property
Violence, harassment, or intimidation
Being issued with a criminal behaviour order (CBO)
Breach of an injunction for antisocial behaviour
For this ground, you don’t need a notice period- the landlord can apply for immediate eviction.
Ground 8 - Rent arrears of at least two months
This is one of the most common grounds for eviction. If a tenant owes at least:
Two months’ rent (if paying monthly)
Eight weeks’ rent (if paying weekly)
The landlord can issue a Section 8 notice under Ground 8. If the arrears are still unpaid by the court date, the judge must grant possession.
Section 8 discretionary grounds
Discretionary grounds give the court the power to look at the circumstances and decide whether it’s fair to evict the tenant. Even if the landlord proves their case, the court may refuse the eviction or allow the tenant to stay under conditions. They can suggest options such as a repayment plan.
Ground 9 - Suitable alternative accommodation is available
If the landlord can provide suitable alternative accommodation, they may apply for eviction under Ground 9. The proposed property must be reasonable and meet the tenant’s needs such as location, size, and affordability.
Ground 10 - Some rent arrears (but not two months' worth)
If the tenant owes rent but not enough to qualify under Ground 8, the landlord can use Ground 10 instead. The court will consider:
How much owed rent
Whether the tenant has made an effort to pay
The tenant’s financial circumstances
💡Editor's insight: "You should know that the judge might decide not to evict if the tenant agrees to a payment plan. They usually will need to prove they can pay for the rent, as well as the owed rent. If they don’t stick with the plan, the eviction will then happen.”
Ground 11 - Persistent late rent payments
If the tenant has paid rent late in the past, even if they always catch up, the landlord can use Ground 11. The landlord must prove a pattern of late payments.
Ground 12 - Breach of the tenancy agreement
If the tenant breaks the terms of their tenancy agreement (other than rent issues), they can be evicted under Ground 12. This could include:
Keeping pets without permission
Running a business from the property
Subletting without consent
However, the court will assess how serious the breach is before making a decision.
Ground 13 - Damage to the property
If the tenant has caused damage to the property due to neglect, misuse, or not being careful, the landlord can seek possession under Ground 13. However, they must provide evidence, such as photographs or repair bills.
Ground 14 - Antisocial behaviour
This ground covers antisocial behaviour that is less severe than the criminal offences covered under Ground 7A. Examples include:
Frequent noise complaints
Threatening neighbours
Vandalism
Unlike most other grounds, a Section 8 notice under Ground 14 does not need a notice period. This means the landlord can start eviction proceedings.
Ground 14A - Domestic abuse (only applies to social housing)
If the tenant has been violent or abusive towards a partner or family member, the landlord may seek eviction under Ground 14A. This ground only applies to social housing tenants.
Ground 15 - Damage to furniture or contents
If the tenant has damaged furniture or other items included in a furnished rental property, the landlord may seek eviction. The damage must be significant and beyond normal wear and tear.
Ground 16 - Tenant was provided accommodation as part of their job
A property could be given to a tenant as part of their employment (e.g., a caretaker, farmworker, or security guard). If their employment has ended, the landlord can use Ground 16 to reclaim the property.
Ground 17 - The tenant provided false information
A tenant could lie or provide false information when applying for the tenancy (e.g. fake references or false financial details). The landlord may use Ground 17 to evict them.
Key differences between mandatory and discretionary grounds
Type of ground | Does the court have discretion? | Common examples |
|---|---|---|
Mandatory | No - If the landlord proves their case, the court must grant possession | Serious rent arrears, criminal behaviour, mortgage repossession |
Discretionary | Yes - The court can refuse eviction if it believes it is unfair | Late rent payments, antisocial behaviour, breach of tenancy |
What can make a Section 8 not valid?
A Section 8 notice may be invalid if:
The wrong ground is used: The landlord must use the correct legal reason for eviction.
The notice period is incorrect: Different grounds require different notice periods.
Incorrect documentation: The landlord must use the correct Form 3 (Section 8 notice) and include the necessary details.
Failure to protect the tenant’s deposit: If the deposit is not in a registered scheme, a Section 8 notice may be rejected.
Lack of supporting evidence: The landlord must be able to prove their case in court.
What happens after a Section 8 has been served?
After the Section 8 notice is served:
Tenant’s response: The tenant may choose to leave, challenge the notice, or sort a repayment plan.
Court proceedings: If the tenant does not leave, the landlord must apply for a possession order.
Court hearing: A judge will review the case and decide whether to grant possession.
Bailiff enforcement: If the tenant still refuses to leave, the landlord can apply for a warrant of possession to have bailiffs remove them.
The entire process can take several months, especially if the tenant argues against the eviction.
FAQ
Can a tenant challenge a Section 8 notice?
Yes, tenants can dispute the grounds. You can argue that the notice was served incorrectly, or demonstrate how you’re resolving the issue (e.g. paying off owed rent ).
How long does a Section 8 eviction take?
It depends on court availability and whether the tenant challenges the eviction. On average, the process takes 8-12 weeks, but it can be longer. You can learn more in our guide to possession order timescales.
Can a landlord serve a Section 8 notice for any reason?
No, a landlord must have legal grounds from Schedule 2 of the Housing Act 1988.
Final thoughts
A Section 8 notice gives landlords a legal way to evict tenants who have broken their tenancy agreement. However, it’s important to follow the correct legal steps to avoid delays or disputes. Using the right grounds for eviction and serving the correct notice period is key. If you're unsure about the process, getting advice from a landlord solicitor can help ensure everything is done correctly and smoothly.
References
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a legal professional.
