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With the introduction of the Renters’ Rights Act (RRA), we’ve seen some key changes to the tenant eviction process:
- Fixed-term tenancies were abolished and replaced with Assured Periodic Tenancies (APTs).
- Section 21 notices were abolished, because were previously used to end tenancies at the end of a fixed-term.
- Section 8 notices became the primary eviction route to end APTs, covering both breaches of tenancy terms (e.g. rent arrears) and no-fault grounds.
So, in other words, if you want to evict a tenant – whether they have breached the tenancy terms or not – Section 8 is the notice to use.
The information in this blog applies to tenancies in England, and is not intended as legal advice.
- Quick Overview: Section 8 eviction notice
- What is a Section 8?
- Download a Section 8 Notice
- Before serving a Section 8 notice
- How to serve a Section 8 Notice
- Grounds for eviction under Section 8
- Once the Tenant receives the Section 8 notice
- Does serving a Section 8 guarantee a Possession Order?
- Free legal advice
Quick Overview: Section 8 eviction notice
- What a Section 8 notice is – A Section 8 notice is a formal eviction notice that landlords can serve to tenants for breaches of tenancy terms (e.g. rent arrears, breach of tenancy agreement, antisocial behaviour) or for certain no-fault grounds (e.g. where the landlord wishes to sell the property).
- Grounds for possession – Specific grounds for eviction are set out under Section 8, and landlords must state which ground(s) they are relying on when serving notice.
- Notice periods – Each ground carries its own notice period and requirements. For example, if you are relying on a no-fault ground such as selling the property, you generally cannot require the tenant to leave within the first 12 months of a new tenancy, and you must provide at least four months’ notice.
- Court action if tenants remain – The notice specifies when the tenant should vacate the property. If they do not leave voluntarily, the landlord must apply to the court for a possession order, where a judge will decide the case.
- Legal complexity – Section 8 eviction notices can be a complex legal process, so landlords should ensure they follow the correct procedures and provide sufficient evidence to support the grounds relied upon.
- Tenant rights and defence – Tenants have the right to defend a Section 8 claim, particularly where a breach ground is used (e.g. rent arrears), and should seek legal advice if they receive a notice.
What is a Section 8?
A “section 8 notice”, also known as an “Notice to Quit Eviction Notice”, is used to notify a tenant that the landlord intends to seek possession of the property, either for breaches of tenancy terms (e.g. rent arrears, breach of tenancy agreement, antisocial behaviour) or for certain no-fault grounds (e.g. where the landlord wishes to sell the property).
Once the notice has been served, the tenant should know when and why they are required to vacate the property. If the tenant disputes the grounds for eviction (for example, allegations of anti-social or disruptive behaviour), or refuses to leave voluntarily by the specified date, the landlord must obtain an order for possession from the court in order to lawfully remove the tenant.
It’s important to note that a Section 8 notice does not give landlords the power to evict a tenant themselves. A landlord does not have the legal authority to physically evict a tenant under any circumstances – only a court order can lawfully require a tenant to leave. However, before applying to the court for a possession order, the landlord must first serve a Section 8 notice.
Download a Section 8 Notice (FORM 3)
You can download a free Section 8 notice from GOV.UK, “Form 3: notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy”.
Before serving a Section 8 notice
Explore your options
If you intend to use a Section 8 notice because your tenant has breached the terms of the tenancy, I would strongly recommend exploring the various methods available to end a tenancy agreement first. There are several options available, and in some cases there may be a more suitable route than serving a Section 8 notice, which can be a fairly heavy-handed approach and may come with a range of legal implications.
If possible – and I appreciate this is stating the obvious – try to resolve issues amicably with your tenant.
In many cases, being reasonable and flexible can prove to be the cheaper and less stressful solution in the long run. It’s important to remember that landlords do not have eviction powers, only the courts do. Landlords only have the ability to trigger an eviction process (by serving a Section 8 notice).
Tenants are fully entitled to challenge the grounds for eviction where they are accused of breaching the terms of the tenancy, which can quickly turn the process into a lengthy and complicated ordeal – not entirely unlike a dispute in criminal law, where allegations must be evidenced and can be defended. On top of that, the backlog for court hearings in England is notoriously slow, meaning you could be waiting several months before your case is even heard.
The point is: consider all options carefully before serving a Section 8 notice. Once a tenant receives an eviction notice, especially an unexpectedly, relationships often deteriorate rapidly, and the situation can become far more difficult to manage.
Of course, I also appreciate that some situations simply cannot be resolved amicably, and in those cases, serving a Section 8 notice may be the only option.
If you’re intending to use Section 8 on a no-fault ground, these concerns are generally less significant, as the process is typically more straightforward since there isn’t anything for the tenant to defend. In this case, tenants usually vacate without kicking up a fuss.
Have you protected your tenant’s deposit?
If your tenant does not leave during the notice period, your next step is to apply to the courts for a possession order. However, be aware that the court will not grant a possession order if you have failed to protect the tenant’s deposit in a government-approved tenancy deposit scheme.
Before issuing an eviction notice, especially on breach grounds, it’s important to ensure you have complied with tenant deposit legislation.
If this applies to you, see my blog post on what to do if you haven’t protected your tenant’s deposit.
Do you have Landlord legal advice and expenses insurance?
Before taking action, I recommend checking if your landlord insurance policy includes “legal expenses cover” Many landlord policies do, which could mean you’re covered for legal advice and services, including issuing notices and managing evictions.
If you’re unsure, contact your insurer to confirm.
If you are covered, reach out to them immediately. They’ll be able to explain what you’re covered for and how they’re able to assist, which often includes the use of their own legal team to handle the situation for you. You don’t need to go through your insurance company to issue a Section 8, but obviously if your insurance includes legal protection, you might want to take advantage.
How to serve a Section 8 Notice
- A Section 8 notice can be served by post or in person.
- In-person: it is recommended that a colleague witnesses the delivery.
- Post: send by recorded delivery for proof of delivery, and allow for a minimum of three working days for the notice to arrive.
- If there is more than one tenant, the notice should be served on all tenants.
- Any errors made when issuing the section 8 notice (which is extremely common) is likely to delay the landlord gaining possession. That’s why it is always advised to seek legal advice before issuing notice.
- The courts will recognise the day of postal service as the day on which the letter would normally have arrived.
Grounds for eviction under Section 8
The grounds available for eviction are set out on the Gov.uk website – this should always be your go-to source for the most reliable information. However, here’s a simplified summary:
- If a tenant does not leave during the notice period, you can apply to the court to evict them. You may also rely on more than one ground in your application.
- You must give your tenant the correct notice period, which varies depending on the ground being used for eviction.
- There are two types of grounds – Mandatory and Discretionary:
- Mandatory (Grounds 1 – 8) – if you can prove the ground, the court must grant a possession order, meaning the eviction will proceed.
- Discretionary (Grounds 9 – 18) – the court decides whether it is reasonable to grant possession, even if the ground is proven, taking all circumstances into account. This is definitely the scarier of the two.
| Ground | Name | Description | Notice Period (minimum) |
|---|---|---|---|
| 1 | Occupation by landlord or family | Landlord (or close family) intends to live in the property | 4 months |
| 1A | Sale of property | Landlord intends to sell the property | 4 months |
| 1B | Rent to Buy conditions | Tenant has not purchased under Rent to Buy scheme | 4 months |
| 2 | Sale by mortgagee | Lender repossessing and selling due to mortgage arrears | 4 months |
| 2ZA | Superior lease ending | Superior lease ends within 12 months | 4 months |
| 2ZB | Fixed-term superior lease ending | Superior lease not being renewed or ending | 4 months |
| 2ZC | Superior landlord possession | Superior landlord regains possession after lease changes | 4 months |
| 2ZD | Social housing redevelopment | Tenant relocated due to redevelopment arrangements | 4 months |
| 4 | Student accommodation | Purpose-built student accommodation requirements | 2-4 months (varies) |
| 4A | New student occupation | Property required for incoming students | 2-4 months (varies) |
| 5 | Ministers of religion | Property required for minister’s occupation | 2-4 months (varies) |
| 5A | Agricultural worker | Property required for qualifying agricultural worker | 2-4 months (varies) |
| 5B | Employment requirement | Property required due to employment-linked tenancy | 2-4 months (varies) |
| 5C | End of employment | Employment-linked tenancy has ended | 2-4 months (varies) |
| 5D | End of employment requirements | Applies to Private Registered Providers where the tenant no longer meets employment-related eligibility criteria (e.g. no longer a key worker). | 2 months |
| 5E | Occupation as supported accommodation | Property is normally used as supported accommodation and is needed again for that purpose. | 4 weeks |
| 5F | Supported accommodation no longer suitable | Supported accommodation is no longer suitable due to changes in support needs or funding ending. | 4 weeks |
| 5G | Tenancy granted for homelessness duty | Property was used as temporary accommodation for statutory homelessness duties and is no longer required. | 4 weeks |
| 5H | Stepping stone accommodation | Tenant no longer meets eligibility criteria for transitional or supported housing. | 2 months |
| 6 | Redevelopment | Property needs to be demolished or substantially redeveloped and cannot reasonably be occupied during the works. | 4 months |
| 6A | Decant accommodation | Social landlord requires possession following temporary rehousing during redevelopment works. | 4 months |
| 6B | Compliance with enforcement action | Landlord is required to recover possession following enforcement or legal action relating to the property. | 4 months |
| 7 | Death of tenant | Applies where a tenancy has passed to someone who was not entitled to remain in the property after the tenant’s death. | 2 months |
| 7A | Severe antisocial or criminal behaviour | Tenant, occupier, or visitor has committed serious antisocial or criminal behaviour. | No notice period (immediate court application) |
| 7B | No right to rent | Tenant does not have the legal right to rent under immigration law. | 2 weeks |
| 8 | Rent arrears | Tenant owes at least 3 months’ rent (or 13 weeks’ rent for weekly/fortnightly tenancies). | 4 weeks |
| Ground | Name | Description | Notice Period (minimum) |
|---|---|---|---|
| 9 | Suitable alternative accommodation | Tenant has been offered suitable alternative accommodation. | 2 months |
| 10 | Any rent arrears | Tenant owes rent, but not enough to satisfy Ground 8 mandatory arrears. | 4 weeks |
| 11 | Persistent arrears | Tenant has repeatedly failed to pay rent on time. | 4 weeks |
| 12 | Breach of tenancy | Tenant has breached terms of the tenancy agreement unrelated to rent. | 2 weeks |
| 13 | Deterioration of property | Tenant has allowed the condition of the property to deteriorate. | 2 weeks |
| 14 | Antisocial behaviour | Tenant, occupier, or visitor has engaged in antisocial behaviour or committed offences near the property. | No notice period (immediate court application) |
| 14A | Domestic abuse | Applies to social landlords where domestic abuse has occurred and the victim has left the property. | 2 weeks |
| 14ZA | Rioting | Tenant or another adult occupier has been convicted of an offence committed during a riot. | 2 weeks |
| 15 | Deterioration of furniture | Tenant has allowed furnished items provided with the tenancy to deteriorate. | 2 weeks |
| 17 | False statement | Tenant obtained the tenancy using false or misleading information. | 2 weeks |
| 18 | Supported accommodation | Tenant in supported accommodation is failing to engage with required support services. | 4 weeks |
You will need to specify which ground(s) you are using to issue a Section 8 notice.
Grounds that require ‘Prior notice’
This requirement was specifically introduced with the Renters’ Rights Act (RRA), and I fear many landlords will completely miss this one.
To use certain possession grounds, landlords must issue ‘Prior notice’ to each tenant of the ground they will rely on to seek possession. This notice must be provided as part of the written statement of terms. These apply to the following grounds:
- 2ZA to 2ZD – where there is a superior lease
- 4 – student occupation
- 4A – properties rented to students for occupation by new students
- 5 – ministers of religion
- 5A – occupation by agricultural worker
- 5B – occupation by person who meets employment requirements
- 5C – end of employment by the landlord
- 5D – end of employment requirements
- 5E – occupation as supported accommodation
- 5F – dwelling-house occupied as supported accommodation
- 5G – tenancy granted for homelessness duty
- 5H – occupation as ‘stepping stone accommodation’
- 18 – supported accommodation
For example, if you are a student landlord, your tenancy agreement or written statement of terms needs to state that you plan to rely on Ground ‘4 – student occupation’ or ‘4A – properties rented to students for occupation by new students’ (whichever is relevant) to eventually end the tenancy.
Once the Tenant receives the Section 8 notice
Once the section 8 notice has been issued to the tenant, the landlord must wait until the notice has expired – this is the date provided in the notice. Approximately 80% of tenants leave after being served notice to avoid any court hearings.
However, if this is not the case (i.e. the tenant doesn’t vacate and/or clear any rent arrears), the landlord should apply for a possession order from a court.
Landlords can start court possession proceedings from the GOV website by completing a form.
Does serving a Section 8 guarantee a Court Possession Order?
If your tenant does not vacate once the notice has expired, it is not guaranteed that the court will grant a possession order. It depends on which grounds are relied upon, as well as the strength of the landlord’s case.
However, as mentioned, if you rely on a mandatory ground (1–6) and can prove it to the court, the court must find in favour of the landlord and grant a possession order.
Using a discretionary ground can be more complex, as the court will consider the facts and evidence before deciding whether it is reasonable to grant possession.
If the court is satisfied that the landlord is entitled to possession on one of the grounds, it will typically grant a possession order to take effect within 14 days. In some cases, the court may extend this to up to six weeks if eviction would cause the tenant exceptional hardship.
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I know this can be a ghastly, gut-wrenching, and deeply shitty situation. But it will come to an end, and when it does, the sense of relief will be significant. Stay strong.
Good luck!
Landlord out xo
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
Any documents you download from this website are just examples of its kind and should be checked by a professional. I give no warranties or representations concerning the documents, and accept no liability in relation to the use of the documents.
Clove, after the 6th April 2007 your Landlord was required by law to deposit your security bond into an approved deposit protection scheme. If he did not he has broken the law. You should have received from the deposit company confirmation that this has been done.
You really need to speak to your local councils private rented sector team about your case to let them know what is happening.