Section 8 Notice
Section 8 notice can be served for a multitude of recently updated reasons, from unpaid rent to anti-social behavior. DCB Legal can serve the notice for the most effective reasons, helping to minimize delays.
Serving Section 8
DCB Legal provide a complete solution to residential possession for landlords.
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 an Assured Periodic Tenancy’s – the new standard tenancy agreement introduced in the Renters Rights Act, replacing Assured Shorthold Tenancies (AST’s).
The notice will expire after 4 weeks or 4 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.
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When can a Section 8 be served? (England)
Following the legislative changes that came into effect 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. You can read more here.
(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 4 weeks or 4 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. Throughout the process, even minor mistakes 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.
Are Section 8 notices served before 1st May still valid?
If you have served your tenant a Section 8 notice prior to the introduction of the Renters Rights Act, you can still bring a claim under the old rules until 31st July. A mistake here though can be costly, as if your claim is not successful, you would need to restart the process under the new rules.
If you are unsure on the new process, or want to make sure your claim is handled professionally by experts, give our Specialist Property Team a call on 0203 434 0426 to discuss the best avenue for you.
How have the new Rental Reforms affected the Section 8 process?
The government has now introduced the significant changes to the eviction process, which came into force on 1st May 2026. With the abolition of Section 21 ‘no-fault’ evictions, the Section 8 process has been strengthened to ensure landlords can still recover their property when they have a valid reason.
From May, new mandatory grounds have been introduced, allowing landlords to use Section 8 if they intend to sell the property or move a family member into the property (requiring 4 months’ notice). However, the threshold for rent arrears recovery has increased: tenants will need to be in 3 months of arrears (previously 2 months) before a mandatory possession claim can be brought.
Section 8 Grounds
Mandatory grounds Ground 1 and 1A allow the landlord to serve a section 8 notice to move either themselves or a close family member into the property, or to sell the property respectively. 1B allows the landlord to serve notice if the tenant has failed to purchase the property after a rent to buy agreement has lapsed.
Ground 1 cannot generally be used in the first 12 months of a tenancy, and the property cannot be re-let for 12 months if 1 or 1A is used.
Ground 2 is used when a mortgage lender needs to sell because of a mortgage default.
Ground 4 can be used by an educational institution to serve notice on a student let. The notice period is 2 weeks.
Ground 4a can be used by landlords of a HMO solely rented to students and possession is required to let the property to a new group of students in accordance with a new academic year. This notice must be 4 months and cannot be used if the tenancy was agreed 6 months before the tenancy started.
Ground 5 can be used when a property houses a minister of religion, and possession is required for the same purpose.
Ground 5A can be used if possession is required to house someone who will work for you as an agricultural worker, either employed or self-employed.
Ground 5B applies to Private Registered Providers (PRPs) only, and allows a PRP to serve notice if the property was let based on employment, such as being a key worker, and they no longer meet this criteria and possession is required to let to someone who does.
Ground 5C can be used if possession is required from an employee who’s employment has come to an end, or the tenancy was not meant to last the full duration and the premises is required for a new employee.
Ground 5D again only applies to PRPs and allows notice to be served from if a tenancy was agreed based on employment and no longer meets criteria. This can only be used from 2027.
Ground 5E is can be used to serve notice if the property is used as a supported accommodation (and meets this definition under the Renters Rights Act) and possession is required to to let the property again as supported accommodation.
Ground 5G is used to serve notice where the property was used as temporary accommodation to house tenants who were statutorily homeless. If advised by the council housing is no longer required, notice under this ground can be issued within 12 months of the council notification.
Ground 5H can only be used by charities or registered providers of social housing, and can only be used if the tenancy was for a specific period time which has lapsed, or the tenant no longer meets specific criteria set out in the tenancy agreement (that the tenant is in or actively looking for work, or within a particular age range.
Ground 6 can be used if the property requires redevelopment or demolishing, and your tenant cannot reside there whilst the relevant action is taken. Normally, this cannot be served within the first 6 months of the tenancy, but this can vary. Social landlords may also need to provide alternative accommodation.
Ground 6A applies to social landlords only, and can be used when the tenant being housed is in alternative housing due to redevelopment or demolition. Alternative housing must be provided, but this can be the previous property that was being redeveloped or other secure and affordable accommodation.
Ground 7 relates to regaining possession when a tenant passes away. This process must usually be started within 12 months of the tenant’s death. If the tenant who inherited the tenancy was living in the property before the former tenants death, this ground can only be used if it is a ‘special tenancy’ (such as a rent to buy agreement) or the former tenant had also inherited the tenancy.
Ground 7A relates to regaining possession of a property if a tenant (or a person living with the tenant) has been convicted of criminal behavior, or breached an order to prevent anti-social behavior. No notice is required to issued proceedings, but the court cannot grant a possession order for 14 days from the date of the notice.
Ground 7B applies when the tenant, under immigration law, has no right to rent. The Secretary of State will give to the landlord.
Ground 8 can be used to regain possession when a tenant owes 3 months or 13 weeks of rent, depending on whether rent is paid monthly or weekly/fortnightly respectively.
The minimum amount of rent must be owed at the time of the notice is issued, the date the claim is brought, and, at the time of the hearing. If the arrears are due to non-payment of benefits, this ground cannot be used. 4 weeks notice must be given.
Ground 1 and 1A allow the landlord to serve a section 8 notice to move either themselves or a close family member into the property, or to sell the property respectively. 1B allows the landlord to serve notice if the tenant has failed to purchase the property after a rent to buy agreement has lapsed.
Ground 1 cannot generally be used in the first 12 months of a tenancy, and the property cannot be re-let for 12 months if 1 or 1A is used.
Ground 2 is used when a mortgage lender needs to sell because of a mortgage default.
Ground 4 can be used by an educational institution to serve notice on a student let. The notice period is 2 weeks.
Ground 4a can be used by landlords of a HMO solely rented to students and possession is required to let the property to a new group of students in accordance with a new academic year. This notice must be 4 months and cannot be used if the tenancy was agreed 6 months before the tenancy started.
Ground 5 can be used when a property houses a minister of religion, and possession is required for the same purpose.
Ground 5A can be used if possession is required to house someone who will work for you as an agricultural worker, either employed or self-employed.
Ground 5B applies to Private Registered Providers (PRPs) only, and allows a PRP to serve notice if the property was let based on employment, such as being a key worker, and they no longer meet this criteria and possession is required to let to someone who does.
Ground 5C can be used if possession is required from an employee who’s employment has come to an end, or the tenancy was not meant to last the full duration and the premises is required for a new employee.
Ground 5D again only applies to PRPs and allows notice to be served from if a tenancy was agreed based on employment and no longer meets criteria. This can only be used from 2027.
Ground 5E is can be used to serve notice if the property is used as a supported accommodation (and meets this definition under the Renters Rights Act) and possession is required to to let the property again as supported accommodation.
Ground 5G is used to serve notice where the property was used as temporary accommodation to house tenants who were statutorily homeless. If advised by the council housing is no longer required, notice under this ground can be issued within 12 months of the council notification.
Ground 5H can only be used by charities or registered providers of social housing, and can only be used if the tenancy was for a specific period time which has lapsed, or the tenant no longer meets specific criteria set out in the tenancy agreement (that the tenant is in or actively looking for work, or within a particular age range.
Ground 6 can be used if the property requires redevelopment or demolishing, and your tenant cannot reside there whilst the relevant action is taken. Normally, this cannot be served within the first 6 months of the tenancy, but this can vary. Social landlords may also need to provide alternative accommodation.
Ground 6A applies to social landlords only, and can be used when the tenant being housed is in alternative housing due to redevelopment or demolition. Alternative housing must be provided, but this can be the previous property that was being redeveloped or other secure and affordable accommodation.
Ground 7 relates to regaining possession when a tenant passes away. This process must usually be started within 12 months of the tenant’s death. If the tenant who inherited the tenancy was living in the property before the former tenants death, this ground can only be used if it is a ‘special tenancy’ (such as a rent to buy agreement) or the former tenant had also inherited the tenancy.
Ground 7A relates to regaining possession of a property if a tenant (or a person living with the tenant) has been convicted of criminal behavior, or breached an order to prevent anti-social behavior. No notice is required to issued proceedings, but the court cannot grant a possession order for 14 days from the date of the notice.
Ground 7B applies when the tenant, under immigration law, has no right to rent. The Secretary of State will give to the landlord.
Ground 8 can be used to regain possession when a tenant owes 3 months or 13 weeks of rent, depending on whether rent is paid monthly or weekly/fortnightly respectively.
The minimum amount of rent must be owed at the time of the notice is issued, the date the claim is brought, and, at the time of the hearing. If the arrears are due to non-payment of benefits, this ground cannot be used. 4 weeks notice must be given.
Discretionary grounds Ground 9 can be used to serve a tenant with a 2 month notice if they have been offered alternative accommodation that is suitable for them.
Ground 10 can be used if your tenant owes rent arrears, but does not meet the criteria of Ground 8. A 4 week notice must be served, and any amount can be owed, but possession will only be granted if the court deems it reasonable to do so.
Ground 11 requires a 4 week notice, and can be served when a tenant repeatedly delays paying rent. The tenant does not need to be in arrears at the date of the notice.
Ground 12 can be used to apply for possession after a 2 week notice if the tenant has broken one or more term(s) of the agreement not relating to arrears.
Ground 13 allows for the landlord to serve a 2 week notice before apply for a possession order if the tenant has allowed the condition of the property to deteriorate.
Ground 14 is can be used to apply for a possession order if your tenant, or a person living or visiting with the tenant, commits anti-social behavior in or nearby to the property. Similar to ground 7A, no notice is required to issued proceedings, but the court cannot grant a possession order for 14 days from the date of the notice
Ground 14B applies to social landlords only, and can be used to apply for a possession order following a 2 week notice to evict a a tenant who has been carrying out domestic abuse. This can only be used if the person living with them has left and is unlikely to return.
Ground 14Z allows a landlord to evict a tenant or another adult living with the tenant if they have been convicted of an offence during a riot.
Additional grounds include ground 15, where the tenant has allowed the condition of furniture to deteriorate, and ground 17, where the tenant or someone acting on their behalf has provided false information. Both of these grounds require a 2 week notice be provided before issuing a claim.
Ground 18, which requires a 4 week notice, can be used when a tenant in supported accommodation is suspected of not co-operating with support. This ground can only be used if the property and type of accommodation provided meets the Renters Rights Act definition of supported accommodation.
Ground 9 can be used to serve a tenant with a 2 month notice if they have been offered alternative accommodation that is suitable for them.
Ground 10 can be used if your tenant owes rent arrears, but does not meet the criteria of Ground 8. A 4 week notice must be served, and any amount can be owed, but possession will only be granted if the court deems it reasonable to do so.
Ground 11 requires a 4 week notice, and can be served when a tenant repeatedly delays paying rent. The tenant does not need to be in arrears at the date of the notice.
Ground 12 can be used to apply for possession after a 2 week notice if the tenant has broken one or more term(s) of the agreement not relating to arrears.
Ground 13 allows for the landlord to serve a 2 week notice before apply for a possession order if the tenant has allowed the condition of the property to deteriorate.
Ground 14 is can be used to apply for a possession order if your tenant, or a person living or visiting with the tenant, commits anti-social behavior in or nearby to the property. Similar to ground 7A, no notice is required to issued proceedings, but the court cannot grant a possession order for 14 days from the date of the notice
Ground 14B applies to social landlords only, and can be used to apply for a possession order following a 2 week notice to evict a a tenant who has been carrying out domestic abuse. This can only be used if the person living with them has left and is unlikely to return.
Ground 14Z allows a landlord to evict a tenant or another adult living with the tenant if they have been convicted of an offence during a riot.
Additional grounds include ground 15, where the tenant has allowed the condition of furniture to deteriorate, and ground 17, where the tenant or someone acting on their behalf has provided false information. Both of these grounds require a 2 week notice be provided before issuing a claim.
Ground 18, which requires a 4 week notice, can be used when a tenant in supported accommodation is suspected of not co-operating with support. This ground can only be used if the property and type of accommodation provided meets the Renters Rights Act definition of supported accommodation.
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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.
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