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A landlord’s guide to Section 8 eviction notices

Landlords in England can no longer use Section 21 notices to regain possession of privately rented property. Section 21 was the so-called “no-fault” route. It let landlords end an assured shorthold tenancy without giving a reason, as long as the correct notice and procedure were followed. Section 21 was abolished by the Renters' Rights Act.

If you are a landlord wanting to end a tenancy, you now must use Section 8 of the Housing Act 1988, which requires you to rely on one or more legal grounds for possession. In other words, you now need at least one specific, provable reason to regain your property.

Updated: 01.10.26

By Clare Waring

This content was factually correct when written but may not reflect current developments or information.

Section 8 notice

Section 8 is not new, but it has been significantly amended. Some grounds for eviction have been added, some amended, and the bar for others raised. For example, the main rent arrears ground now requires a tenant to be at least three months in arrears, an increase from two, and several grounds carry longer notice periods than before.

These changes mean that regaining possession can take much longer. You need a valid ground for eviction, must give the correct notice and notice period, and should amass enough evidence to support your case if your tenant disputes the notice.

This guide explains how Section 8 notices work under rules that came into force on 1st May 2026. It also looks at what grounds a landlord can use, how the court process works, and what the likely eviction costs could be.

For the full government guidance, you can refer to Repossessing your privately rented property after 1 May 2026 – and you may find our wider guide to the Renters' Rights Act useful for more background on how the rental rules have changed.

What is a Section 8 notice?

A Section 8 notice is the formal notice a landlord must use to regain possession of a privately rented property in England.

Its full legal basis is Section 8 of the Housing Act 1988. It differs from the meaning of “Section 8” in the United States, where the term is often used to refer to the Housing Choice Voucher System.

In England, a Section 8 notice tells the tenant:

  • That the landlord is seeking possession of the property

  • Which legal ground or grounds the landlord is using

  • Why the landlord believes those grounds apply

  • How much notice the tenant has to leave the property before the landlord can apply to court

A Section 8 notice is now the standard and only method for a landlord to end a tenancy in England. However, it’s essential that they use the correct ground and follow the process carefully.

In Wales, landlords must follow the process set out in the Renting Homes (Wales) Act 2016. In Scotland, landlords must follow eviction procedures under the Private Housing (Tenancies) (Scotland) Act 2016. In Northern Ireland, you must follow the correct legal process to end a tenancy.

Mandatory vs discretionary grounds for possession

Every Section 8 ground is either mandatory or discretionary.

Mandatory

If the landlord proves a mandatory ground, the court must order possession.

Discretionary

If the landlord proves a discretionary ground, the court will only order possession if it also decides that eviction is reasonable. These cases are harder to predict and depend heavily on the strength of the landlord's evidence. For this reason, it’s worth bearing in mind that landlord legal expenses insurance is invaluable as it can help cover mounting legal costs in these situations.

What are the permitted grounds for possession?

Landlords can no longer end a tenancy simply because they want the property back. They must rely on one or more grounds for possession.

The full list of grounds is detailed, and landlords should always check the current government guidance before serving notice. However, most possession claims fall into a few broad groups.

Landlord circumstances

Some grounds allow a landlord to regain possession even where the tenant has done nothing wrong.

These include situations where:

  • The landlord or a close family member needs to move into the property

  • The landlord intends to sell the property

  • A lender needs possession because of mortgage arrears

  • The property needs to be redeveloped or demolished

  • A tenancy was linked to employment that has ended

  • The property was provided for a specific purpose, and that purpose has ended

These are sometimes described as “no fault” grounds, because they are not based on tenant misconduct. However, they still have strict rules.

For example, grounds 1 and 1A (the landlord or a close family member moving in, or the landlord selling) cannot be used in the first 12 months of a tenancy. You can serve notice before then, but the possession date must fall after the tenant's first 12 months. Both grounds also now require four months' notice before you can apply to court, double the notice landlords typically gave before.

Tenant fault (breach of contract)

Other grounds are based on something the tenant has done or failed to do. All grounds need clear evidence, and the three below are the ones landlords rely on most.

Rent arrears

The mandatory arrears ground now requires the tenant to owe at least three months' rent (or 13 weeks' if they pay weekly or fortnightly). This must be the case when you serve notice and at the time of the hearing. You must give four weeks' notice (increased from two). 

This means that, if the tenant clears enough of the debt before the hearing, the mandatory ground will no longer apply, although a discretionary arrears ground may still apply. Because a claim can take months while rent continues to go unpaid, legal & rent guarantee insurance can protect your income while the process is underway.

Antisocial behaviour

This covers a tenant, or someone living with (or visiting them), who causes nuisance or annoyance to neighbours or the local community, or uses the property for illegal purposes.

Examples might include persistent and excessive noise, harassment or threats towards neighbours, drug dealing, or other criminal activity run from the property. The Renters' Rights Act has widened this ground from behaviour that is “likely to cause” nuisance to behaviour that is “capable of causing” it, and you can apply to court as soon as notice is served.

Remember that this ground is discretionary, so keep police and council reports, incident logs, written complaints, and witness statements. The court will decide how serious the behaviour is and whether the tenant cooperated with attempts to stop it.

Damage to the property

This covers damage or deterioration to the property or its shared parts caused by the tenant, their household, or a lodger, whether through deliberate acts or neglect. A separate ground covers deterioration of any furniture you provided in a furnished let. Everyday wear and tear does not count.

Typical examples include holes in walls, broken fixtures and fittings, damage to shared hallways or gardens, or badly damaged furniture in a furnished flat. Support a claim with dated photos, inspection reports, and repair invoices. Bear in mind you must give at least 24 hours' written notice to inspect; the tenant can still refuse entry, and the right to inspect is not a right to photograph inside (interior photos normally need the tenant's consent). If access or consent is refused, note it and rely on inspection reports, an independent inventory clerk, and witness statements.

Other grounds

There are other tenant-fault grounds such as persistent late payment, false statements made to obtain the tenancy, or the tenant losing the right to rent. However, they follow the same principle – you need a valid ground and the evidence to prove it.

How to serve a Section 8 notice correctly

Your Section 8 notice has to be completed and served correctly. A small error - a misspelt name, the wrong date or too short a notice period - can delay the case or get it dismissed, meaning you’ll have to start again.

To serve a Section 8 notice, you need to use Form 3A. It must give the correct notice period and set out each ground you are relying on, along with the reasons you believe it applies. Before serving it, check that:

  • Every tenant is named correctly, and the property address is right

  • The correct grounds are selected, with the full wording included where required

  • The explanation of each ground is specific and backed by evidence

  • The notice period is correct

  • The notice is signed, dated, and served in a way the tenancy agreement allows

Keep a copy of the notice and proof that you served it. Depending on how you serve it, that proof could be a certificate of postage and receipt, a signed certificate of service, an email record (where electronic service is allowed), or a note of the date and time you delivered it by hand.

If you didn’t protect the tenant’s deposit in a government-approved scheme and give them the required “prescribed information” explaining how it was held, you won’t be able to obtain possession on most grounds. The only exceptions are the antisocial behaviour grounds (Grounds 7A and 14), which you can still rely on even if the deposit rules were not met.

If you are unsure whether your notice is valid, take legal advice before serving it. If you have legal & rent guarantee insurance, you will need to be able to prove that you have provided the tenant with certain legally required certificates, including the EPC, EICR and gas safety certificate (if applicable).

The Section 8 court process and timeline

A Section 8 notice does not evict the tenant by itself. If the tenant leaves by the date in the notice, you can regain possession without going to court. If they do not, you must apply to the court for a possession order. This process runs in four stages.

Step 1: Notice period expires, and the tenant has not left

If your tenant doesn’t leave the property, you can apply to court only when the notice period has expired. The notice period depends on the ground you are using. Some let you apply immediately, while others require two or four months. If you apply too early, your claim is likely to fail.

Step 2: Apply to the court

If your claim is for a rent arrears ground only, you can usually use the Possession Claim Online service. Otherwise, you’ll need to go through the paper-based process. Your application should include the Section 8 notice, proof that you served it correctly, evidence for each ground, rent statements where arrears are involved, the tenancy agreement, and proof the deposit rules were followed. The government’s guidance warns you to complete forms accurately and back your claim with evidence; otherwise, you may have to start again.

Step 3: The hearing

At the hearing, the judge will weigh your claim against any defence. They can then make an outright possession order (with a date by which the tenant must leave) or a suspended order (which allows the tenant to stay if they meet stipulated conditions, such as paying rent plus an agreed sum towards arrears). Alternatively, the judge may adjourn the hearing for more information, or dismiss the claim if the procedure wasn’t followed, the ground was not proved, or the arrears had been cleared.

Step 4: Bailiffs

If the judge issues a possession order and your tenant still refuses to leave, you’ll need to apply for a “warrant of possession”. This authorises a county court bailiff to carry out the eviction. If you want to speed up the process, you may be able to transfer to the High Court for faster enforcement. However, this costs more and may need permission.

How long does a Section 8 eviction take?

If your tenant leaves after notice, a case can be quick, but a contested eviction can run to four to eight months from notice to possession, depending on the notice period, court backlogs, whether the tenant defends, and how long enforcement takes. The government is trialling technology to speed up the courts, including AI in Crown Courts, but it may not reduce county court possession wait times.

How much does a Section 8 eviction cost?

The cost of a Section 8 eviction depends on whether the tenant leaves after notice, whether the claim is defended, and whether you need legal representation. Some costs are fixed; others vary widely.

Most landlords use the standard county court route.

Cost

What it pays for

Cost

Possession claim fee

Starting your claim at the county court

£415

Warrant of possession

A county court bailiff to carry out the eviction if the tenant still won't leave

£152

Solicitor fees (if contested)

Legal representation if the tenant defends the claim

Often £1,000–£3,000+

If there's a long wait for county court bailiffs, you can instead apply to enforce in the High Court, using High Court enforcement officers rather than a county court bailiff. This is usually quicker, but tends to cost more:

Cost

What it pays for

Cost

Application to transfer (N244 on notice)

Section 8 permission to use High Court enforcement

£321

Sealing the “writ of possession”

The court formally issuing the enforcement order

£82

Fees of the High Court enforcement officers

Fees of the High Court enforcement officers

Varies

It’s worth noting that court and enforcement fees are set by the government and reviewed periodically – so check the current figures before you budget.

Remember that these fees are on top of any costs relating to lost rent, repairs, cleaning, the time you spend preparing evidence, and the cost of starting again if the claim fails.

For landlords, the two big financial risks are legal costs and lost rental income. A simple, uncontested claim may be manageable, but a defended one can get expensive fast – especially where the ground is discretionary, or the evidence is disputed – and all the while the rent may still be going unpaid.

This is where the right insurance cover is more important than ever. Landlord legal expenses insurance can meet the cost of taking action, including solicitor and court fees, subject to the terms of the policy. Legal & rent guarantee insurance maintains your rental income while you work through a process that can run to several months, which matters most when the tenant is in arrears.

Can a tenant stop a Section 8 eviction?

A tenant can often defend a Section 8 claim, and from a landlord's perspective, a challenge usually means providing more evidence, taking more time, and incurring most costs.

A defence normally rests on a fault in the notice or the process, such as:

  • Wrong form used

  • Notice period too short

  • Errors in the tenant's name or the property address

  • Ground for eviction not properly explained or evidenced

  • Deposit not protected correctly

  • Arrears paid or reduced below the threshold

  • Facts disputed, or eviction not reasonable on a discretionary ground

A defence does not guarantee that a tenant can remain in the property. If you have used the correct ground, completed the notice properly, and gathered strong evidence, the court can still order possession.

However, you should expect a defence, particularly where the case involves rent arrears, damage, breach of tenancy, or antisocial behaviour. This is why records matter, so keep all rent statements, photographs, inspection reports, repair invoices, and correspondence.

If you are a tenant wondering ‘can I keep my house?’, the key point is that a notice is not an eviction. If you stay past the date on the notice, the landlord has to go to court, and you cannot be made to leave without a possession order and, if necessary, bailiff enforcement. Read any notice carefully and get advice quickly.

Protecting yourself before a possession problem starts

The end of Section 21 has made the possession process more complex. Private landlords in England now need to rely on updated Section 8 grounds, follow the correct notice procedure, and be ready to prove their case if the tenant does not leave.

Before serving notice, check the current guidance, make sure the correct ground(s) apply, gather your evidence, and consider taking legal advice.

It is also worth reviewing your landlord insurance to see whether it includes legal expenses and rent guarantee insurance before you need to rely on them.

At Alan Boswell Group, our specialist team can help you arrange the cover you need, giving you peace of mind that you’ll be supported if you ever need to recover possession of a property through the courts. Speak to our expert team on 01603 216399.

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