Being a landlord often means dealing with complicated rules. Many get confused between support like Universal Credit or Housing Benefit and the legal steps to reclaim a property. It’s important to know how Section 8 fits into UK law, so you’re clear on when and how you can serve notice to get your property back.
This guide explains the Section 8 eviction notice, outlines the main Section 8 notice grounds, and summarises upcoming changes to the law.
Section 8 is part of the Housing Act 1988. It lets landlords seek repossession before the end of a fixed term, but only if the tenant has breached the tenancy agreement. This approach is "fault-based", so you must prove a specific reason.
Housing support, like Universal Credit or Housing Benefit, helps many tenants in the private sector. As a landlord, it’s important to understand how changes to these benefits can cause rent arrears, sometimes leading you to serve a Section 8 notice.
You can’t use a Section 8 eviction notice just because you want your property back. There must be a legal reason, known as a ground for possession, listed in Schedule 2 of the Housing Act 1988. You’ll need to provide evidence in court if the tenant doesn’t leave.
From 1 May 2026, Section 21 “no-fault” evictions are being abolished. Landlords won’t be able to end a tenancy without giving a reason. Section 8 will become the main legal route for regaining possession, making it essential to understand the right notice grounds and how to follow the process. Courts are expected to modernise for the extra cases, but every landlord needs to ensure their records and processes are up to date before this law change.
While tenants may be eligible for housing support based on income, this is separate from your right to possession. But a change in your tenant’s circumstances can quickly lead to arrears.
There are 17 Section 8 grounds for possession, split into mandatory and discretionary.
Mandatory grounds
If you prove a mandatory ground, the judge must grant possession.
• Ground 8 (serious rent arrears): The most common ground. Applies when a tenant is at least two months in arrears both when notice is served and at the court hearing
• Others: For example, if the landlord previously lived in the property and wants to return (Ground 1) or repossession by a lender (Ground 2)
Here, the judge decides if eviction is reasonable.
• Ground 10: Any amount of arrears (used with Ground 8 as a backup)
• Ground 11: Persistent late rent, even if not currently in arrears
• Ground 14: Antisocial behaviour or nuisance
If you use the wrong Section 8 notice grounds or can’t prove them, your case may be dismissed.
Serving a Section 8 eviction notice is formal - mistakes with paperwork or notice periods can cause delays.
Complete Form 3, stating the grounds and citing the relevant Housing Act text.
Tip: Use recorded delivery or a process server for proof of service.
The period depends on the grounds used:
• Rent arrears (Grounds 8, 10, 11): Usually two weeks
• Antisocial behaviour (Ground 14): Sometimes immediate
• Other grounds: Can be up to two months
If the tenant hasn’t left or remedied the breach after the notice expires, you apply to the county court for a possession order. Landlords cannot evict tenants themselves.
A hearing will be scheduled. You or your legal rep must provide evidence like an up-to-date rent schedule, communication logs, and tenancy agreement.
The future: section 8 and the Renters’ Rights Act
After May 2026, Section 21 "no-fault" evictions will end. Landlords must rely on Section 8 notice grounds to regain possession. The government is making court systems more efficient to cope with these changes, but success will depend on following procedure and proving your grounds.
• Definition: Section 8 is for repossession when a tenant breaches the tenancy, usually due to rent arrears or antisocial behaviour
• Grounds matter: Use valid grounds. Mandatory (e.g. Ground 8) offer more certainty than discretionary (e.g. Grounds 10 or 14)
• Correct process: Serve Form 3 with the proper notice period. Mistakes cause delays
• No guarantee: Serving a notice doesn’t mean instant possession - court approval is needed
• Change is coming: Section 21 ends in May 2026. Section 8 will be the main method for possession
Eviction law is strict and can be costly if mistakes are made. If you’re facing rent arrears or difficult tenants, don’t go it alone. Instruct Landlord Action to handle your Section 8 eviction notice and guide you through court, or use our contact form to see how we can help. Get professional advice to reclaim your property efficiently and legally.
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