What is a Section 8 notice?

A Section 8 notice is the formal written notice a landlord must serve before applying to the county court for possession on a specific ground set out in Schedule 2 of the Housing Act 1988. The notice must cite the ground (or grounds), use the prescribed Form 3, and follow the notice period for each ground. Since 1 May 2026, with Section 21 abolished, Section 8 is the only route available for landlords seeking possession in the private rented sector in England.

What are the grounds for Section 8 eviction?

The grounds are set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. Mandatory grounds include Ground 1 (landlord or family moving in), Ground 1A (landlord selling), Ground 2 (mortgage lender in possession), Ground 6 (redevelopment), Ground 7A (serious anti-social behaviour), and Ground 8 (serious rent arrears). Discretionary grounds include Ground 10 (some rent arrears), Ground 11 (persistent late payment), Ground 12 (breach of tenancy), Ground 13 (deterioration of property), Ground 14 (nuisance and anti-social behaviour), and Ground 15 (deterioration of furniture). The landlord must state the ground relied on in the Section 8 notice.

What is the difference between mandatory and discretionary grounds?

For a mandatory ground, if the landlord proves the facts to the court's satisfaction the court must grant a possession order, it has no discretion to refuse on grounds of reasonableness or the tenant's circumstances. For a discretionary ground, the court weighs whether it is reasonable to grant possession even if the ground is proved. This gives tenants on discretionary grounds more room to raise their circumstances and oppose the order.

Can I challenge a Section 8 notice?

Yes. A Section 8 notice can be challenged on its face and at the hearing. On the face of the notice, check that it is on the prescribed Form 3, cites a valid Schedule 2 ground, states the ground in full, gives the correct notice period for that ground, and is correctly addressed, signed, and served. At the hearing, dispute the facts of the ground (for Ground 8 this usually means reducing arrears below the threshold), raise reasonableness on discretionary grounds, and raise any counterclaim (for example disrepair). Run the Section 8 checker for a ground-specific analysis and draft response letter.

Is Ground 8 mandatory?

Yes. Ground 8 (serious rent arrears: 2 months for notices served before 1 May 2026, or 3 months for notices served on or after 1 May 2026 if rent is monthly, or 8 weeks for notices served before 1 May 2026, or 13 weeks for notices served on or after 1 May 2026 if rent is weekly or fortnightly) is a mandatory ground. If the landlord proves the arrears exceed the threshold at both the notice date and the hearing date, the court must grant possession. The strongest defence is to reduce the arrears below the threshold before the hearing. Run the Section 8 checker for a full Ground 8 analysis.

Can I defend a Section 8 possession claim?

Yes. For mandatory grounds, the main defence is to remove or reduce the ground before the hearing, for Ground 8, by paying arrears below the threshold. For discretionary grounds, you can argue that it is not reasonable to grant possession given your circumstances, the landlord's conduct, or any disrepair. You can also challenge the notice itself: if it was not on the correct form, did not give the right notice period, or did not correctly state the ground, it may be defective.

What are the notice periods for Section 8 grounds?

Notice periods vary by ground and, for some grounds, by the date the notice was served. Ground 14 is immediate. For rent arrears grounds (Grounds 8, 10 and 11), notices served before 1 May 2026 generally require 2 weeks, while notices served on or after 1 May 2026 generally require 4 weeks. Grounds related to the landlord moving in, selling, or redeveloping the property typically require four months post-reform. The Section 8 checker works through the notice period for the specific ground and notice date you have received.

What happens after the Section 8 notice expires?

After the notice period expires, the landlord can apply to the county court for a possession order. You will receive court papers (usually including Form N5B and the claim particulars) and must file a defence, usually within 14 days. The court then schedules a hearing. You have the right to attend and present your defence. Even if the court grants a possession order, only a county court bailiff with a warrant can lawfully evict you, the landlord cannot do it themselves.

Is this legal advice?

No. This is general legal information based on the Housing Act 1988 and the Renters' Rights Act 2025. It is not legal advice. If you receive a possession claim or a hearing date, seek free advice from Shelter (0808 800 4444) or Citizens Advice before the deadline passes.

Section 8 eviction grounds in 2026

Section 8 is now the only eviction route in England after Section 21 was abolished on 1 May 2026. Here is what each ground means and how to defend.

Common questions

What is a Section 8 notice?: A Section 8 notice is the formal written notice a landlord must serve before applying to the county court for possession on a specific ground set out in Schedule 2 of the Housing Act 1988. The notice must cite the ground (or grounds), use the prescribed Form 3, and follow the notice period for each ground. Since 1 May 2026, with Section 21 abolished, Section 8 is the only route available for landlords seeking possession in the private rented sector in England.
What are the grounds for Section 8 eviction?: The grounds are set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. Mandatory grounds include Ground 1 (landlord or family moving in), Ground 1A (landlord selling), Ground 2 (mortgage lender in possession), Ground 6 (redevelopment), Ground 7A (serious anti-social behaviour), and Ground 8 (serious rent arrears). Discretionary grounds include Ground 10 (some rent arrears), Ground 11 (persistent late payment), Ground 12 (breach of tenancy), Ground 13 (deterioration of property), Ground 14 (nuisance and anti-social behaviour), and Ground 15 (deterioration of furniture). The landlord must state the ground relied on in the Section 8 notice.
What is the difference between mandatory and discretionary grounds?: For a mandatory ground, if the landlord proves the facts to the court's satisfaction the court must grant a possession order, it has no discretion to refuse on grounds of reasonableness or the tenant's circumstances. For a discretionary ground, the court weighs whether it is reasonable to grant possession even if the ground is proved. This gives tenants on discretionary grounds more room to raise their circumstances and oppose the order.
Can I challenge a Section 8 notice?: Yes. A Section 8 notice can be challenged on its face and at the hearing. On the face of the notice, check that it is on the prescribed Form 3, cites a valid Schedule 2 ground, states the ground in full, gives the correct notice period for that ground, and is correctly addressed, signed, and served. At the hearing, dispute the facts of the ground (for Ground 8 this usually means reducing arrears below the threshold), raise reasonableness on discretionary grounds, and raise any counterclaim (for example disrepair). Run the Section 8 checker for a ground-specific analysis and draft response letter.
Is Ground 8 mandatory?: Yes. Ground 8 (serious rent arrears: 2 months for notices served before 1 May 2026, or 3 months for notices served on or after 1 May 2026 if rent is monthly, or 8 weeks for notices served before 1 May 2026, or 13 weeks for notices served on or after 1 May 2026 if rent is weekly or fortnightly) is a mandatory ground. If the landlord proves the arrears exceed the threshold at both the notice date and the hearing date, the court must grant possession. The strongest defence is to reduce the arrears below the threshold before the hearing. Run the Section 8 checker for a full Ground 8 analysis.
Can I defend a Section 8 possession claim?: Yes. For mandatory grounds, the main defence is to remove or reduce the ground before the hearing, for Ground 8, by paying arrears below the threshold. For discretionary grounds, you can argue that it is not reasonable to grant possession given your circumstances, the landlord's conduct, or any disrepair. You can also challenge the notice itself: if it was not on the correct form, did not give the right notice period, or did not correctly state the ground, it may be defective.
What are the notice periods for Section 8 grounds?: Notice periods vary by ground and, for some grounds, by the date the notice was served. Ground 14 is immediate. For rent arrears grounds (Grounds 8, 10 and 11), notices served before 1 May 2026 generally require 2 weeks, while notices served on or after 1 May 2026 generally require 4 weeks. Grounds related to the landlord moving in, selling, or redeveloping the property typically require four months post-reform. The Section 8 checker works through the notice period for the specific ground and notice date you have received.
What happens after the Section 8 notice expires?: After the notice period expires, the landlord can apply to the county court for a possession order. You will receive court papers (usually including Form N5B and the claim particulars) and must file a defence, usually within 14 days. The court then schedules a hearing. You have the right to attend and present your defence. Even if the court grants a possession order, only a county court bailiff with a warrant can lawfully evict you, the landlord cannot do it themselves.
Is this legal advice?: No. This is general legal information based on the Housing Act 1988 and the Renters' Rights Act 2025. It is not legal advice. If you receive a possession claim or a hearing date, seek free advice from Shelter (0808 800 4444) or Citizens Advice before the deadline passes.

Use the interactive checker on getrentersrights.com for the full step-by-step result.

Section 8 eviction grounds in 2026

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