I've received a Section 8 notice - what should I do?

What the law says

Section 8 of the Housing Act 1988 is the current notice route for possession of an assured tenancy in England. The notice must identify one or more grounds from Schedule 2 of the Housing Act 1988, explain the facts relied on, and give the correct notice period for the ground. Section 7 of the Housing Act 1988 then controls what the court can do. If the ground is mandatory and the landlord proves it, the court must make a possession order. If the ground is discretionary, section 7 requires the court to consider whether possession is reasonable.

The notice is not the eviction. It only starts the pre-court stage. After the notice period expires, the landlord must issue a possession claim, attend a hearing, prove the ground, and obtain an order. Section 3 of the Protection from Eviction Act 1977 means the landlord cannot bypass the court process for a protected residential occupier.

Step-by-step: what to do

1. Keep the envelope, email, or message showing how the notice was served. Service date matters because it starts the notice period.

2. Check whether the notice uses the prescribed form for its service date: normally Form 3A for a private notice served on or after 1 May 2026, or saved Form 3 where the pre-reform rules apply. Check the parties, property, grounds, and particulars.

3. Compare the stated date for possession with the correct notice period. Ground 14 has no minimum notice period; most breach grounds need at least two weeks; post-1 May 2026 arrears grounds need four weeks; owner-occupation and sale grounds need four months.

4. Gather evidence before replying: rent statements, Universal Credit journals, repair complaints, photographs, messages, bank statements, and any proof that the landlord's facts are wrong.

5. Get advice before making admissions. A short reply saying you have received the notice is fine, but do not agree that the ground is proved or promise to leave without advice.

Common mistakes to avoid

Tenants often leave too early because the notice sounds final. It is not final: a possession order, not the notice, can set a date to leave, and physical removal requires authorised court enforcement if the occupier remains. Another mistake is ignoring the notice because the landlord has made errors. Keep it and use any legally material errors as defence points. Do not stop paying rent unless an adviser has told you a set-off is safe, because fresh arrears can strengthen the landlord's case. Put important points in writing and save copies.

• Do not treat the notice date as the eviction date.
• Do not admit arrears, nuisance, or breach facts without checking the evidence.
• Do not throw away the notice or envelope.
• Do not miss court papers after the notice period ends.

Related guidance

• Section 8 notice checker
  Check the ground, notice period, form, service, and likely defence points.
• Section 8 grounds explained
  Plain-English guide to the Schedule 2 grounds the landlord can use.
• What invalidates a Section 8 notice?
  Wrong forms, wrong dates, missing grounds, and service defects.
• How to challenge an eviction notice
  Prepare evidence and defence points before the possession hearing.

Common questions

I've received a Section 8 notice - what should I do?

A Section 8 notice does not make you leave your home. It is the landlord's warning that they intend to ask the county court for possession using one or more legal grounds. Check the form, ground numbers, notice period, and relied-on facts. A later possession order can require departure by its specified date; if you remain, only authorised court enforcement—a county court bailiff on a warrant or, where lawfully transferred, a High Court enforcement officer on a writ—can physically remove you.

Do I have to leave on the date in the Section 8 notice?

No. The date in the notice is the earliest date the landlord can ordinarily start a possession claim. A later possession order can specify a date to leave. If you remain, physical removal requires authorised court enforcement under a warrant or, where lawfully transferred, a writ.

Can I defend a Section 8 notice?

Yes. You can dispute the facts, challenge notice defects, rely on disrepair counterclaims, show arrears have fallen below the mandatory threshold, or argue that possession is not reasonable for discretionary grounds.

What if the notice lists more than one ground?

The landlord can rely on several Schedule 2 grounds at once. The notice must still give enough particulars for each ground and must give the longest notice period required by the grounds being used.

Should I contact the landlord after receiving the notice?

You can acknowledge receipt, but get advice before making admissions or agreeing to leave. If you write back, keep it factual and save a copy.