Serving Section 8

DCB Legal provide a complete solution to residential possession for landlords.

Section 8

Section 8 Notice

Section 8 notice can be served for a multitude of reasons, from unpaid rent to anti-social behavior. DCB Legal can serve the notice for the most effective reasons, helping to minimize delays.

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Specialist Property Solicitors

Navigating the Section 8 eviction process can be difficult for even the most experienced Landlord. Here at DCB Legal, we understand the difficulties of removing a tenant and the nuances of the Court processes, meaning that we can draft and serve your notice and start the court process without unnecessary delays.

Together with our sister company DCBL, the UK’s leading eviction and High Court Enforcement provider, we can take your case from start to finish, allowing us to help landlords across England recover their property and arrears quickly and efficiently.

What is a Section 8?

A Section 8 notice is the first step in regaining your property from a tenant under either an assured shorthold tenancy (AST) or, unlike a Section 21, an assured tenancy. The notice will expire after 2 weeks or 2 months, depending on the reason used, and the landlord may then apply for a possession order through the county court. The grounds and procedures are set out in the Housing Act 1988.

Section 8 Instruction Form
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When can a Section 8 be served? (England)

Following changes on 1st May, the grounds for serving a Section 8 notice in England have been updated.

Rent Arrears The threshold for arrears has increased. You may now serve notice when a tenant is in 3 months of arrears (historically 2 months). Under the new process, tenants will effectively be in arrears for 4 months before a possession claim can be brought to court.

Selling Your Property If you intend to sell your rental property, you may use Section 8 to regain possession. This requires giving the tenant 4 months’ notice. Please be aware that if you use this ground, you are prohibited from re-letting the property for 12 months.

Other Grounds Other grounds, such as anti-social behaviour, remain applicable.

(Note: Different rules regarding notice periods and grounds may apply to properties in Wales. Contact us for advice.)



What happens after a Section 8 notice has expired?

Once you have allowed for the relevant notice period to lapse, either 2 weeks or 2 months depending on the ground used for the notice, and the tenant has not vacated, the next step would be to apply to the court for a possession order.

This can be a complicated process as there could be multiple hearings and the tenant may file a defence to this action. Once the court has ruled that possession should be granted, County Court Bailiffs or High Court Enforcement Agents can be instructed to enforce the order.

DCB Legal will always, where applicable, petition that the court allow for the use of High Court Enforcement agents as the process is much quicker and more effective than County Court Bailiffs.

Why use a law firm to issue a Section 8 Notice?

There are many different aspects to recovering your property via Section 8 such as choosing which grounds to use for the notice and preparing for a hearing. There are many different mistakes that can be made at any point in the process that can lead to delays and even the dismissal of claims.

One of the key benefits of using DCB Legal is our specialist property team who offer unrivalled knowledge of both the court process and the practicalities of regaining your property through a High Court Writ of Possession.

Contact DCB Legal
phone0203 434 0426

What happens if a section 21 is served and then the tenant stops paying?

If you have served your tenant a Section 21 notice, and they then stop paying rent, you can then serve a Section 8 notice to allow you to claim for both possession of your property as well as a Court Order for the arrears that are outstanding by the time you regain the property.

When claiming for arrears, however, the process cannot be carried out under accelerated procedure, so it is best to give our Specialist Property Team a call on 0203 434 0426 to discuss the best avenue for you.

How will the new Rental Reforms affect the Section 8 process?

The government has confirmed that significant changes to the eviction process will come into force on 1st May 2026. With the abolition of Section 21 ‘no-fault’ evictions, the Section 8 process is being strengthened to ensure landlords can still recover their property when they have a valid reason.

From May, new mandatory grounds will be introduced, allowing landlords to use Section 8 if they intend to sell the property or move a family member in (requiring 4 months’ notice). However, the threshold for rent arrears recovery is increasing: tenants will need to be in 3 months of arrears (previously 2 months) before a mandatory possession claim can be brought.

About DCB Legal

Leaders in our specialist fields.

We’ve implemented key measures to ensure our service aligns with our mission “to provide our Clients with an ethical, low-touch Litigation service with unrivalled results”.

DCB Legal has a team designated to the continuous improvement of its processes. The team works closely with the operations manager to ensure focus is given to compliance, internal quality assessment and to the most arduous of tasks. These efficiencies allow the service to be run in the most risk-averse manner for the client.

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What our clients say

Our clients praise us for our great results, personable service and expert advice.


Heleen

Seek expert advice from DCB Legal
at the outset of any eviction or tenancy issue

David Croot, solicitor at DCB Legal, helped me regained possession of my flat and recouped as much of the arrears as possible. David’s strategic abilities, combined with his empathetic communication style, made me feel confident and reassured. His patience, kindness, exceptional knowledge and, importantly, experience allowed me to achieve the best possible outcome.

Heleen VW

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Can’t Pay? We’ll Take It Away!

One Solution for Landlords.

DCBL and their agents, exclusively featured on the popular series ‘Can’t Pay? We’ll take it away’, are now known worldwide as the face of High Court Enforcement – most notably for their ethical approach to enforcement of County Court Judgments and Possession orders.

Often, delays in the county court bailiff services mean landlords can be waiting months before an agent can attend with no guarantee of results. DCB Legal offers our clients a seamless transfer of cases to DCBL, allowing for swift enforcement action carried out in an ethical and pragmatic manner.

phone0203 434 0426