Section 8 notices: which grounds apply, when to use them, and what landlords get wrong.

Section 8 of the Housing Act 1988 sets out the process by which a private landlord can seek possession of a property let on an assured tenancy by relying on specific statutory grounds. With the abolition of Section 21 by the Renters' Rights Act 2025, Section 8 is now the only route available to private landlords in England who wish to recover possession of a property. This article explains how Section 8 notices work, what the key grounds are, what notice periods apply, and the most common errors landlords make when serving them.

What is a Section 8 notice?

A Section 8 notice is a formal notice served by a landlord on a tenant informing them that the landlord intends to begin court proceedings for possession on one or more of the grounds specified in the notice. The notice must be in the prescribed form, must specify the ground or grounds being relied upon, and must specify a date before which proceedings will not begin. (Source: Housing Act 1988, Section 8(1) and Section 8(3).)

A court cannot entertain possession proceedings unless a valid Section 8 notice has been served, except in cases where the court considers it just and equitable to dispense with the notice requirement. (Source: Housing Act 1988, Section 8(1).)

What are mandatory and discretionary grounds?

Section 8 grounds fall into two categories. Mandatory grounds are those where the court must order possession if the ground is proved. Discretionary grounds are those where the court may order possession but has the power to consider whether it is reasonable to do so even where the ground is established. (Source: Guide to the Renters' Rights Act, GOV.UK, published 6 November 2025.)

A landlord using a mandatory ground has greater certainty of outcome provided the ground is correctly proved. A landlord using a discretionary ground may succeed on the facts but still have possession refused if the court does not consider eviction reasonable in the circumstances.

Ground 8: serious rent arrears

Ground 8 is a mandatory ground that applies where a tenant is in serious rent arrears. Under the Renters' Rights Act 2025, the threshold for Ground 8 has increased from two months to three months of arrears. The tenant must be at least three months in arrears both at the date the Section 8 notice is served and at the date of the court hearing. If arrears fall below three months at any point before the hearing, the mandatory ground fails. (Source: Guide to the Renters' Rights Act, GOV.UK.)

The notice period for Ground 8 is four weeks.

Ground 10 and Ground 11: lesser rent arrears

Ground 10 is a discretionary ground that applies where a tenant is in any amount of rent arrears at the date of the notice and at the date of the hearing. Ground 11 is a discretionary ground that applies where a tenant has persistently delayed paying rent, even if no arrears are outstanding at the time of the hearing. Both grounds require the court to be satisfied that it is reasonable to order possession. (Source: Housing Act 1988, Schedule 2.)

The notice period for Grounds 10 and 11 is four weeks.

Ground 14: antisocial behaviour

Ground 14 is a mandatory ground that applies where a tenant or a person residing in or visiting the property has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting, or carrying out a lawful activity in the locality, or has been convicted of a relevant criminal offence. (Source: Housing Act 1988, Schedule 2.)

Ground 14 is one of the most immediately available grounds. Proceedings may begin on the same day the notice is served. There is no minimum notice period.

Ground 1A: landlord intends to sell

Ground 1A is a mandatory ground introduced by the Renters' Rights Act 2025 that applies where the landlord intends to sell the property. The landlord must give four months notice. This ground cannot be used within the first 12 months of the tenancy. After possession is granted, the landlord cannot re-let the property for a prescribed period. (Source: Guide to the Renters' Rights Act, GOV.UK.)

Ground 1: landlord or family member moving in

Ground 1 is a mandatory ground that applies where the landlord or a member of the landlord's close family intends to occupy the property as their only or principal home. Four months notice is required. This ground also cannot be used within the first 12 months of the tenancy. (Source: Guide to the Renters' Rights Act, GOV.UK.)

Ground 7A: conviction for certain offences

Ground 7A is a mandatory ground that applies where a tenant or a person residing in or visiting the property has been convicted of a serious offence, including an indictable offence committed in or in the locality of the property, a sex offence, or an offence under the Modern Slavery Act 2015. The notice period under Ground 7A is the earlier of the periodic tenancy notice period or one month. (Source: Housing Act 1988, Section 8(3A).)

Ground 7A cannot be dispensed with by the court even where it would otherwise consider it just and equitable to do so. (Source: Housing Act 1988, Section 8(5).)

Ground 17: false statement

Ground 17 is a discretionary ground that applies where the tenancy was granted because the tenant or someone acting on the tenant's instigation knowingly or recklessly made a false statement. Two weeks notice is required. (Source: Guide to the Renters' Rights Act, GOV.UK.)

What are the notice period rules?

Notice periods vary by ground. The key periods are as follows. Ground 14 for antisocial behaviour requires no minimum notice period before proceedings begin. Ground 7A for serious criminal convictions requires the earlier of the periodic tenancy notice period or one month. Grounds 8, 10, and 11 for rent arrears require four weeks notice. Grounds 1 and 1A for selling or moving in require four months notice and cannot be used in the first 12 months of the tenancy. Ground 17 for false statements requires two weeks notice.

Proceedings must begin within 12 months of the date the notice is served. A notice that expires without proceedings being issued cannot simply be reused. A new notice must be served. (Source: Housing Act 1988, Section 8(3)(c).)

What are the most common mistakes landlords make with Section 8 notices?

Specifying the wrong ground. Each ground has specific conditions that must be met. A landlord who serves a notice specifying Ground 8 but whose tenant is only two months in arrears will fail on that ground. Identifying the correct ground before serving is essential.

Using the wrong notice period. Different grounds carry different minimum notice periods. A notice that does not give sufficient notice is defective and the court may refuse to hear the claim.

Serving a defective notice. The notice must be in the prescribed form. A letter or email is not a valid Section 8 notice. The prescribed form sets out the required content and the grounds must be specified and particularised correctly.

Not keeping proof of service. A landlord must be able to demonstrate that the notice was served and when. Service by first class post to the property is common, but the landlord should retain a certificate of posting or use a tracked method. Without proof of service, the landlord cannot establish the date from which the notice period runs.

Relying on a single ground where multiple grounds apply. Where a tenant is both in arrears and causing antisocial behaviour, a landlord can specify multiple grounds in a single notice. Specifying only one ground when others also apply limits the landlord's options at the hearing.

Allowing the 12 month window to expire. A Section 8 notice is only valid for 12 months from the date of service. If a landlord serves a notice and then delays issuing court proceedings beyond 12 months, the notice is spent and a new one must be served.

What this means for landlords

Section 8 is now the only possession route. Every landlord who lets property in England needs to understand the grounds, the notice periods, and the procedural requirements. A defective notice delays possession and may require the whole process to start again.

The most important step before serving a Section 8 notice is to confirm which ground applies, check that the conditions for that ground are currently met, use the prescribed form, give the correct notice period, and keep dated evidence of service.

Where a landlord is uncertain which ground to use or whether the conditions are met, legal advice from a solicitor experienced in housing law should be sought before serving the notice.

This article is for informational purposes only and does not constitute legal advice.