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

Reviewed by the Get Renters Rights teamRules last reviewed 29 May 2026How we build these checkers

Direct answer

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.

Why Section 8 matters more after 1 May 2026

Before the Renters' Rights Act 2025, landlords could end most assured shorthold tenancies with a Section 21 no-fault notice. From 1 May 2026 that route is gone. Now every possession claim must rely on a specific ground from Schedule 2 of the Housing Act 1988. The landlord must state the ground on the notice, give the correct notice period, and prove the ground at a hearing - tenants have a defence at every stage.

Section 8 grounds at a glance

These are the Section 8 grounds under Schedule 2 of the Housing Act 1988 as amended, with notice periods for notices served on or after 1 May 2026.

Ground 1 - landlord or family moving in (Mandatory, 4 months): cannot be used in the first 12 months.
Ground 1A - landlord intends to sell (Mandatory, 4 months): cannot be used in the first 12 months.
Ground 2 - mortgage lender in possession (Mandatory, 2 months).
Ground 6 - redevelopment requiring vacant possession (Mandatory, 4 months).
Ground 7A - serious anti-social behaviour with conviction or order (Mandatory).
Ground 8 - serious rent arrears, 3 months' arrears post-reform (Mandatory, 4 weeks).
Ground 10 - some rent arrears, no minimum threshold (Discretionary, 4 weeks).
Ground 11 - persistent late payment (Discretionary, 4 weeks).
Ground 12 - breach of a tenancy term (Discretionary, 2 weeks).
Ground 13 - deterioration of the property (Discretionary, 2 weeks).
Ground 14 - anti-social behaviour or nuisance (Discretionary).

Mandatory grounds: the court has no choice

If a mandatory ground is proved to the court's satisfaction, the court must grant a possession order - it cannot weigh the tenant's circumstances or refuse on reasonableness.

Ground 8 (serious rent arrears): the landlord must show serious arrears at both the notice date and the hearing date; paying the arrears below the threshold before the hearing defeats it.
Ground 1 (landlord or family moving in): cannot require possession within the first 12 months; four months' notice.
Ground 1A (landlord intends to sell): the post-reform sale ground requires a genuine intention to sell; four months' notice and no possession in the first 12 months.
Ground 6 (redevelopment): demolition or substantial reconstruction that cannot be done with the tenant in occupation, usually needing planning permission.

Discretionary grounds: reasonableness matters

For discretionary grounds, proving the facts is not enough; the court must also decide it is reasonable to grant possession. Your circumstances, any disrepair by the landlord, payment history, and the hardship of eviction are all relevant.

Ground 10 (some rent arrears): no minimum threshold, often used alongside Ground 8; the court weighs the level and reason for arrears.
Ground 11 (persistent late payment): even if not currently in arrears; a clean record before the hearing weakens but does not automatically defeat it.
Ground 12 (breach of obligation): for example subletting without consent or keeping a pet against the lease.
Ground 14 (anti-social behaviour or nuisance): the court assesses seriousness and proportionality.

Your rights

A Section 8 notice is not an eviction. You can stay until a county court possession order is granted and enforced by a county court bailiff. Filing a written defence to the court claim and attending the hearing are the most important things you can do.

Sources used for this guide

These are primary legislation and public guidance sources that support the legal-information framework used on this page.

Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules.
Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England.
GOV.UK: possession action process
Government guidance on the possession claim process, including notice, court, possession order, and enforcement stages.
GOV.UK: private renting evictions
Government guidance on eviction notices, court orders, bailiffs, and tenant rights in private renting.

Section 21 abolished: what happens now?
The transition guide for pre-cutoff notices, the 1 May 2026 changeover, and when possession analysis switches to Section 8.
Section 8 notice periods in 2026: how long tenants get
Section 8 notice periods in England after 1 May 2026: rent arrears, sale, landlord moving in, breach grounds, anti-social behaviour, and court timing.
Section 8 notice time limits: when a notice goes stale
How long a Section 8 notice can be used for in England, including post-1 May 2026 12-month time limits and transitional notices before May 2026.
Mandatory vs discretionary Section 8 grounds
Understand the difference between mandatory and discretionary Section 8 grounds, what the landlord must prove, and why reasonableness matters.
Eviction timeline England 2026
The procedural timeline from notice to court order to bailiff enforcement in England.

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.