What is a section 8 notice?
A section 8 notice is what a landlord uses when a tenant has done something wrong and the landlord wants the property back because of it. Unlike a section 21 notice, which needs no reason, section 8 is fault-based. You pick one or more grounds from Schedule 2 of the Housing Act 1988, serve the correct notice, and if the tenant does not leave, you apply to the county court for a possession order.
The process can look straightforward on paper. In practice the grounds do not all work the same way, notice periods vary, and the court will not always grant possession even when the paperwork is in order.
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The grounds split into two types. If you prove a mandatory ground, the judge must order possession. If you prove a discretionary ground, the judge can order possession but only if they think it is reasonable. That word does a lot of work: the judge will weigh up the tenant's circumstances, the landlord's position, the tenancy history and anything else that seems relevant.
Typical considerations include how long the tenant has lived there, whether they have children or health problems, what caused the breach, whether it has been put right, and how the landlord has behaved. A tenant a few weeks behind on rent because of a universal credit delay may be treated very differently from one with a long pattern of non-payment. On rent grounds the judge can suspend possession on terms: for example, that the tenant pays current rent plus a weekly amount off the arrears.
The grounds landlords use most often are:
- Ground 8 (mandatory): the tenant owes at least two months' rent if paid monthly, or eight weeks' if paid weekly, both when the notice is served and at the hearing. If arrears drop below that threshold before the hearing, ground 8 falls away.
- Ground 10 (discretionary): some rent is unpaid when the notice is served and when proceedings begin. No minimum amount.
- Ground 11 (discretionary): the tenant has persistently been late with rent, whether or not any is owed now.
- Ground 12 (discretionary): breach of any other tenancy obligation, such as keeping pets against the agreement, running a business from the property, or subletting without consent.
- Ground 13 (discretionary): the property or common parts have deteriorated because of the tenant or someone living with them.
- Ground 14 (discretionary): the tenant, a household member, or a visitor has caused or is likely to cause nuisance or annoyance to neighbours, the landlord, or anyone nearby, or has been convicted of certain offences in or near the property.
Why bother with grounds 10 and 11 if ground 8 is mandatory? Because tenants sometimes scrape together enough money the day before the hearing to drop arrears below two months, killing ground 8. With 10 and 11 also pleaded, the judge can still grant possession or make a suspended order on terms. Relying on ground 8 alone is risky.
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The notice and notice periods
The notice is served on Form 3, prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (as amended). Wales has separate rules under the Renting Homes (Wales) Act 2016: landlords there should check the current position carefully.
On the form you set out each ground word for word from the Act, plus the facts that support it. Vague or wrong wording can sink the notice. If the arrears figure changes or you missed a ground, serve a fresh notice.
The notice period depends on the ground. Two weeks is the minimum for grounds 8, 10, 11, 12, 13 and most other rent and breach grounds. Ground 14 (nuisance) can take effect immediately. These periods have changed before: during the pandemic they were extended to six months for most grounds, and possession hearings paused entirely. Check the current position on GOV.UK before serving.
The possession hearing and what comes next
If the tenant does not leave after the notice expires, the landlord applies to the county court using Form N5 and Form N119. The accelerated procedure (Form N5B) applies only to section 21 claims. The court fee is currently £391: check the latest figure before filing.
Hearings are usually short, around ten to fifteen minutes. The judge will want the tenancy agreement, notice, proof of service, and a rent statement if arrears are in issue. The tenant can dispute figures, raise a defence or counterclaim (for disrepair, for example), or ask for time. On discretionary grounds the judge will ask about the tenant's circumstances before deciding whether possession is reasonable and whether to suspend the order. If possession is granted and the tenant still does not leave, the landlord applies for a warrant and county court bailiffs enforce it, adding weeks or months to the timeline.
Where both routes are available, landlords often prefer section 21 because it needs no proof of fault and uses a paper-only procedure. Section 8 is the right choice when the fixed term has not ended, there are serious rent arrears and the landlord wants to recover the debt alongside possession, section 21 is blocked by deposit or document failures, or ground 14 offers a faster route than the two months' notice section 21 requires.
The Renters' Rights Bill, currently progressing through Parliament, is expected to abolish section 21 and reshape the section 8 regime with new grounds and revised notice periods. Once in force, every possession claim for an assured tenancy will need to be fault-based. Until then, both routes remain available for assured shorthold tenancies in England.
Section 8 is not quick and not guaranteed. If the grounds are solid and the paperwork is right, it works. If there is any doubt, get advice before serving. Citizens Advice can help with understanding tenant rights and explaining court procedure. Shelter has detailed guides and a helpline covering possession, disrepair and homelessness. A housing solicitor can draft the notice and represent you at the hearing. A defective notice wastes time you cannot get back.
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