Section 8 Eviction: Grounds, Notices and Court Process

Section 21 is abolished. From 1 May 2026, Section 8 is the only way to recover possession of a rented property in England. Understanding the grounds, notice requirements and court process is now essential for every landlord.

What is Section 8?

A Section 8 notice is a formal notice to quit served on a tenant under the Housing Act 1988. It must specify one or more statutory grounds for possession. Unlike Section 21, you must prove your ground to a court if the tenant does not leave voluntarily.

Mandatory vs Discretionary Grounds

Mandatory grounds — the court MUST grant possession if the ground is proved:

- Ground 1: Landlord or close family member intends to occupy (4 months' notice; cannot use in first 12 months)

- Ground 1A: Landlord intends to sell (4 months' notice; cannot use in first 12 months)

- Ground 7A: Serious anti-social behaviour (4 weeks' notice)

- Ground 8: At least 2 months' rent arrears at date of notice AND at date of hearing

Discretionary grounds — the court MAY grant possession if it considers it reasonable:

- Ground 10: Some rent unpaid (2 weeks' notice)

- Ground 11: Persistent late payment (2 weeks' notice)

- Ground 12: Breach of tenancy agreement (2 weeks' notice)

- Ground 13: Deterioration of property (2 weeks' notice)

- Ground 14: Anti-social behaviour or nuisance (immediate notice)

- Ground 17: Tenancy obtained by false statement (2 weeks' notice)

Notice Requirements

The notice period depends on the ground:

- 4 months: Grounds 1, 1A (landlord/family occupation; sale)

- 4 weeks: Ground 7A (serious ASB)

- 2 weeks: Grounds 10, 11, 12, 13, 14, 17

- Immediate: Ground 14 (ASB — notice can expire same day)

The notice must be on the prescribed form (Form 3) and must:

- State the ground(s) relied on

- Give full particulars of the ground

- State the date after which proceedings may begin

- Be served correctly (hand delivery, first class post, or as agreed in the tenancy)

The Court Process

If the tenant does not leave after the notice expires:

1. Apply to the County Court for a possession order (Form N5 + N119)

2. Pay the court fee (currently £391 for standard possession)

3. Attend the hearing — typically listed 4–8 weeks after issue

4. If the ground is proved, the court grants a possession order (usually 14–28 days)

5. If the tenant still does not leave, apply for a warrant of possession (Form N325)

6. Court bailiffs enforce the warrant

Evidence You Will Need

For rent arrears (Ground 8):

- Rent account showing arrears at notice date and hearing date

- Tenancy agreement showing rent due

- Bank statements showing payments received

For anti-social behaviour (Ground 14):

- Diary of incidents with dates and times

- Witness statements from neighbours

- Police incident numbers

- Council noise complaint records

- Any written warnings given to tenant

For breach of agreement (Ground 12):

- Copy of tenancy agreement with relevant clause

- Evidence of breach (photos, correspondence, inspection reports)

- Written warnings given to tenant

Accelerated Possession

There is no accelerated possession procedure under the RRA (it was linked to Section 21). All Section 8 claims require a hearing.

Possession Before the Hearing

Many tenants leave voluntarily after receiving a Section 8 notice, particularly for Ground 8 (rent arrears). Always try to resolve the situation before issuing court proceedings — it is faster, cheaper and less stressful for both parties.

Costs

Court fees: £391 (standard possession claim)

Solicitor costs: £500–£2,000+ depending on complexity

Bailiff warrant: £143

Total typical cost: £1,000–£3,000+

Common Mistakes

❌ Serving notice on wrong form (must use Form 3)

❌ Not giving full particulars of the ground

❌ Serving notice before arrears reach 2 months (Ground 8)

❌ Not keeping evidence of arrears or breach

❌ Expecting the court to grant possession without attending

❌ Not updating the arrears schedule before the hearing

Top Tips

✓ Start the paper trail early — keep records from the first missed payment or incident

✓ Send all correspondence by email and recorded post

✓ Serve notice as soon as arrears reach 2 months — do not wait

✓ Consider instructing a solicitor for contested hearings

✓ Never harass or intimidate a tenant — illegal eviction carries criminal penalties