10 Key Points Landlords Should Know About Section 8 Notices 

Hopefully, as a landlord, you’ll never need to evict a tenant. But it’s still important to know the legal process that must be followed, should you ever need to seek possession of a property. 

One of the ways to end a tenancy is by serving a Section 8 notice to your tenant. But first, here are 10 key points landlords should know about Section 8 notices. 

1. A Section 8 Notice Is Different To A Section 21 Notice 

Currently, there are two distinct ways to end a tenancy. Each of these processes is set out in different parts of the Housing Act (1988), and as such, are named after the relevant sections. 

A Section 21 notice allows a landlord to end a tenancy even when tenants haven’t breached their tenancy agreement, and without stipulating a reason. A Section 8 notice, on the other hand, can only be served when a tenant has broken their tenancy agreement, and the landlord must give grounds. 

You can read more about the difference between Section 8 and Section 21 notices here. 

2. A Section 8 Notice Can Be Used To End A Tenancy…But Only In Certain Circumstances 

To evict a tenant using a Section 8 notice, a landlord must be able to demonstrate that the tenant has broken the terms of their tenancy agreement. 

Typically, landlords will use a Section 8 notice to end a tenancy when their tenant owes rent, but there are other grounds for possession besides rent arrears. 

3. Mandatory Grounds For Possession 

Mandatory grounds for possession are those which – if proven to be true – will result in a court automatically granting possession to a landlord. Mandatory grounds for possession under a Section 8 notice are: 

• If a landlord (or a member of their family) intends to move into the property themselves. 

• If a landlord intends to sell the property. 

• If a landlord’s mortgage provider has started proceedings to repossess the property. 

• If the leasehold for the property ends and the landlord doesn’t own the freehold. 

• If the property is let via an educational institute for students for a fixed term. 

• If the landlord is a religious organisation and the property is needed for a religious minister to live in. 

• If the landlord intends to redevelop the property and can demonstrate that the tenant wouldn’t be able to live there throughout the process, or they want to demolish the property. 

• If the tenant has passed away (although in certain circumstances, a tenancy may pass to a spouse or other close relative). 

• If the tenant has committed serious anti-social behaviour. 

• If it’s found that the tenant doesn’t have the right to rent in the UK. 

• If the tenant is in at least three months rent arrears (or 13 weeks arrears if the rent is paid weekly). 

4. Discretionary Grounds For Possession 

There are also discretionary grounds for possession that landlords should know when serving a Section 8 notice. 

• Where a landlord has provided a tenant with like-for-like accommodation. 

• Where the tenant is in less than three months of rent arrears. 

• Where the tenant is constantly late in paying rent. 

• Where the tenant has caused damage or disrepair to the property or any furniture provided by the landlord. 

• Where the tenant is causing neighbourly nuisance or is using the property for an illegal activity. 

• Where the tenant has breached any other terms set out in the tenancy agreement besides rent. 

• If it is found that the tenancy was acquired with a false statement (for example, a tenant lied on their application or provided a fake reference). 

If these grounds are found to be true, the court won’t automatically grant possession to the landlord but will decide on a case-by-case basis whether or not they believe the eviction to be justified.

 

5. There Are Different Notice Periods Dependant On The Grounds 

As a landlord, it’s important to know that the notice period you need to give when serving a Section 8 notice will depend on which ground you’re using to serve the notice. 

The notice periods required currently vary between two weeks and two months, and it’s vital to get this right when it comes to serving your tenant’s notice, otherwise, the notice could be found invalid by the court. 

6. When A Section 8 Notice Can Be Served 

A Section 8 notice can be served at any time during a tenancy after a tenant has breached their tenancy agreement. 

7. How To Serve A Section 8 Notice 

Landlords looking to serve a section 8 notice to a tenant will need to fill in Form 3, which is used to seek possession of a property let on an assured tenancy or assured shorthold tenancy. 

If you need help filling in the form or are unsure of the correct notice period or how to serve it to your tenants, it’s a good idea to seek legal advice. 

8. What Happens After A Section 8 Notice Is Served 

After a landlord serves a Section 8 notice, the tenant has until the end of the specified notice period to stop any breaches of tenancy (such as bringing rent payments up to date or repairing damage) and to leave the property. 

9. What To Do If Your Tenant Won’t Leave 

If, at the end of the notice period, your tenant hasn’t vacated the property, as a landlord you can begin court proceedings to apply for a possession claim. 

10. Changes To Section 8 Notices After The Renters Reform Bill 

Finally, a key point all landlords should know about Section 8 notices, is that the law is set to change in 2025 when the Renters Reform Bill is passed. Under the new bill, Section 21 notices will be abolished, and a Section 8 notice will be the only way for landlords to bring an end to a tenancy. 

There are also proposed changes to the grounds for possession, including longer notice periods, that landlords will need to be mindful of if serving a Section 8 notice under the new law. 

Legal Advice And Support For Landlords At Blacks Legal

We hope these 10 key points landlords should know about Section 8 notices have been helpful. 

If you’re a landlord seeking possession of a property, Blacks Legal can help.  

Our team of highly experienced residential property solicitors are here to offer expert advice and answer any questions you might have about the legal process involved in evicting a tenant. 

For help serving a Section 8 notice or support with any other aspect of residential property law, don’t hesitate to get in touch. You can also email us at info@blackslegal.co.uk or speak to one of the friendly Blacks Legal team by calling 020 3835 4030.