Receiving a Section 8 notice can be confusing and stressful, but it’s important to know that you’re not alone. We’ll help you understand what this notice means, what you should do next and where you can find further support.
A Section 8 notice is a legal document that landlords can use to evict tenants. It is used when a tenant breaks the terms of their tenancy agreement or when the landlord wants to change the use of the property. Section 8 notices only apply if you have an assured or assured shorthold tenancy.
If you’re served a Section 8 eviction notice, your landlord must tell you exactly why they want you to move out. They must have a specific reason and it must fit within the legal guidelines for the notice to be valid.
The most common reason to be given a Section 8 notice is rent arrears, but there are many other reasons too. These reasons are often called ‘grounds for possession’ and there are 17 of them in total. There are eight ‘mandatory’ grounds for possession and nine ‘discretionary’ grounds.
If your landlord wants to evict you on mandatory grounds, the court must accept their reasoning as long as they can provide proof. This means you will usually be ordered to leave your home.
The eight mandatory grounds for possession include:
1. The landlord wants to move back in – 2 months notice
2. The property is being repossessed – 2 months notice
3. The landlord wants to use the property as a holiday let again – 2 weeks notice
4. The landlord wants to use the property for student accommodation again – 2 weeks notice
5. The property is required for use by a minister of religion – 2 months notice
6. The landlord wants to significantly redevelop the property – 2 months notice
7. The existing tenant passes away – 2 months notice
7.a. The tenant commits anti-social behaviour – 1 months notice. Note: a landlord can use multiple grounds within a section 8 notice. If ground 7a is used alongside other grounds, then 7a’s notice period (1 month) applies to the whole notice regardless of the notice periods relating to the other grounds
7.b. The tenant doesn’t have the right to rent in the UK - 2 weeks notice
8. The tenant is in serious rent arrears - 2 weeks notice
If your landlord cites discretionary grounds for your eviction, it’s up to the court to decide if the decision is right for your situation. It could rule that your landlord is being unreasonable and allow you to stay in your home.
The nine discretionary grounds for possession include:
9. The landlord wants their property back and can provide suitable alternative accommodation – 2 months notice
10. The tenant is in minor rent arrears - 2 weeks notice
11. The tenant is frequently late with rent payments – 2 weeks notice
12. The tenant has broken the tenancy agreement – 2 weeks notice
13. The tenant has damaged the property – 2 weeks notice
14. The tenant is using the property for illegal activities or is a nuisance to neighbours – no notice period
14A. The tenant, or someone living with the tenant such as a partner, has been violent or abusive towards another person living at the property. – 2 weeks notice
14ZA. The tenant commits an offence during a riot – 2 weeks notice
15. The tenant damages furniture provided by the landlord – 2 weeks notice
16. The tenant was employed by the landlord and the employment has now ended – 2 months notice
17. The tenant secured the property using false information – 2 weeks notice
Tom is a delivery driver who lost some work during a quiet period. As a result, he fell more than two months behind on his rent. Despite trying to explain his situation to his landlord, he couldn't catch up on the missed payments.
Tom’s landlord issues him with a Section 8 eviction notice, citing ground 8 - serious rent arrears. The court rules in his landlord’s favour, as this falls under mandatory grounds for possession.
There isn’t a fixed notice period for Section 8 evictions. The amount of notice you’ll be given will depend on the reasons your landlord gives for wanting you to leave. It’s often somewhere between two weeks and two months.
Usually, you will be given a longer notice period if the eviction isn’t your fault, such as when the landlord wants to move back into the property. If you breach your tenancy agreement, commit illegal activities or regularly miss rent payments, you could be given as little as two weeks to find a new home.
Although a Section 8 and a Section 21 notice sound similar, how they work is very different.
A Section 8 notice requires your landlord to prove a specific reason for wanting you to leave. The landlord must show evidence to back up their reasoning and follow strict legal guidelines. A Section 8 notice provides more protection for tenants as there must be a valid, legal reason for ending the tenancy.
A Section 21 notice is also called a ‘no-fault’ eviction notice. Landlords must still follow certain rules and processes, but they don’t need to give a specific reason for ending your tenancy. There’s no requirement for the landlord to provide proof and they can simply ask you to leave without explaining why.
Once the Renters Rights Bill is passed Section 21 notices, or ‘no-fault’ evictions, will be banned. This means landlords will have to use Section 8 notices to evict a tenant and provide a clear reason for the eviction.
To account for this change, the Government has proposed amendments to the existing mandatory and discretionary grounds for possession.
The Bill is expected to receive Royal Assent and become law in late 2025 to early 2026.
If you’ve received a Section 8 eviction notice you should take steps to protect yourself immediately.
Your notice might not be valid if your landlord gets something wrong. Check that all of the information on the notice is correct and that the reasons, or grounds, are valid. If you’re not sure, get an expert opinion.
If the notice is valid, you should try to negotiate with your landlord first. See if you can come to an agreement that suits both of you. You may want to suggest moving out voluntarily at a later date, setting up a repayment plan for rent arrears or offering to cover the costs of any damages.
Let your local council know as soon as you’re served a Section 8 notice. They might be able to offer you support or help you find a new home.
Talk to an expert to help you figure out what to do next. A housing advisor or solicitor can help you understand your rights and explain the choices you have.
If you’re facing homelessness, you may be eligible for Legal Aid to cover the cost of legal assistance. You can also ask Citizens Advice for more information and support with legal costs.
Collect all of the paperwork relating to your tenancy. This includes your rental agreement, payment records and any communication with your landlord. From this point forward, save all emails and text messages from your landlord, and take notes from phone calls or meetings. You may need to use these as evidence later.
You should also prepare a clear explanation of your circumstances. Be ready to explain your situation honestly and provide any supporting evidence.
If you owe rent, you should try to pay back as much as you can before your hearing. If you owe less than two months’ rent at the date of your hearing, this could help your case.
It’s important to have a back up plan if you can’t stay in your current home. Our Skylight centres can offer practical advice and support to help you challenge your notice or find somewhere else to stay.
We understand that facing an eviction can feel overwhelming and scary. But you don’t have to do it alone. The friendly teams at our Skylight centres are here to help you through this challenging time with hands-on help and support. We can guide you through the process, help you find alternative housing and make sure you’re getting any benefits and financial aid you’re entitled to.