What is a Section 8 notice?
A Section 8 notice (formally a 'Notice Seeking Possession') is a formal document that a landlord must serve on a tenant before starting court proceedings to end a tenancy. It must specify which of the statutory grounds in Schedule 2 of the Housing Act 1988 the landlord is relying on, and must give the tenant the minimum notice period required for that ground.
With Section 21 abolished from 1 May 2026, Section 8 is now the only route available to landlords who need to end an assured shorthold tenancy.
Mandatory grounds: the court must grant possession
Mandatory grounds are those where, if the landlord proves the ground exists, the court has no discretion — it must grant a possession order. Key mandatory grounds include:
Ground 1 (Owner Occupation): The landlord requires the property as their principal home, or for a close family member. At least two months' notice is required, and this ground can only be used if the landlord notified the tenant at the start of the tenancy that it might be used.
Ground 7A (Serious Antisocial Behaviour): The tenant has been convicted of a serious offence, or has been subject to a final injunction or closure order in relation to antisocial behaviour at the property.
Ground 8 (Rent Arrears): The tenant owes at least two months' rent both at the date the notice is served and at the date of the court hearing. If the tenant reduces their arrears below two months before the hearing, this mandatory ground is not available — though discretionary grounds for arrears may still apply.
Discretionary grounds: the court has flexibility
Discretionary grounds are those where the court must be satisfied both that the ground exists and that it is reasonable to grant possession. The court will weigh up all the circumstances, including the tenant's conduct and any hardship caused by an eviction order.
Ground 10 (Persistent Rent Arrears): The tenant is in arrears at the date the notice is served (even if the arrears are below two months). This can be used alongside Ground 8 or on its own.
Ground 12 (Breach of Tenancy Terms): The tenant has breached one or more terms of the tenancy agreement — for example, subletting without permission, keeping pets in breach of the agreement, or causing nuisance to neighbours.
Ground 13 (Deterioration of Property): The tenant, or someone residing in or visiting the property, has caused the condition of the property to deteriorate through neglect or wilful damage.
Notice periods
The notice period required before you can start court proceedings varies by ground. For most grounds, the minimum is two weeks. For Ground 8 (rent arrears over two months), it is also two weeks. For Ground 1 (owner occupation) and certain other grounds, it is two months.
Always check the current prescribed notice periods before serving a Section 8 notice — these can change and serving a notice with the wrong period renders it invalid.
What happens after service?
After serving a valid Section 8 notice and waiting the required notice period, if the tenant has not vacated, the landlord must apply to the court for a possession order. The tenant will be given an opportunity to respond and attend the hearing. If the court grants a possession order and the tenant still does not leave, the landlord must apply for a warrant of possession — only then can enforcement agents attend the property.
At no stage may a landlord change the locks, remove the tenant's belongings, or cut off utilities to force a tenant to leave. These actions constitute illegal eviction and harassment, which are criminal offences carrying unlimited fines and up to two years in prison.