Landlords can use a Section 8 notice to evict tenants before a shorthold tenancy comes to an end.
You can only use one if your tenants have breached the terms of their tenancy agreement. For example, if a tenant has missed a specified number of rent payments, damaged the property, become a nuisance to neighbours or used the property for criminal activities, you can use a Section 8 notice to begin eviction proceedings.
- When can I issue a Section 8 notice?
- Mandatory grounds for possession
- Discretionary grounds for possession
- How do I serve a valid Section 8 notice?
- Are there other ways of regaining possession?
- How can landlords mitigate the impact of eviction costs
When can I issue a Section 8 notice?
There are two groups of grounds for issuing a Section 8 notice. The first group comprises ‘mandatory’ grounds for possession. The second group consists of ‘discretionary’ grounds. Let’s take a closer look at them.
Mandatory grounds for possession
Mandatory grounds are the ‘strongest’ reasons for regaining possession of a property. In most instances, they lead to eviction. They are summarised below.
- Ground 1 – The landlord or close family member wants to move into the property.
- Ground 1A – The landlord wants to sell the property.
- Ground 1B – The landlord is a Private Registered Provider (PRPs) of social housing and wishes to sell the property. If the property is part of Rent to Buy, they must offer the tenant the opportunity to purchase the property first.
- Ground 2 – A mortgage lender wants to sell the property, for example, if the landlord has missed mortgage payments.
- Ground 2ZA – The property has a superior lease which is ending within the next 12 months.
- Ground 2ZB – The property has a superior fixed-term lease which is ending.
- Ground 2ZC – The property has a superior lease which has ended, and the landlord under that superior lease wishes to regain possession of the property.
- Ground 2ZD – The property has a superior fixed-term lease which has ended, and the landlord under that superior lease wishes to regain possession of the property.
- Ground 4 – An educational institution owns the property and it has been let to a student for a fixed period of 12 months or less.
- Ground 4A – The property is an HMO let to students and a new group of students are moving in between 1st June to 30th September.
- Ground 5 – A religious organisation owns the property and a minister of religion needs to move in.
- Ground 5A – The property is needed to house someone as an employed or self-employed agricultural worker.
- Ground 5B – The landlord is a Private Registered Provider (PRPs) and lets the property based on the tenant’s employment. The tenant doesn’t meet the employment criteria and the landlord wants to let to someone that does.
- Ground 5C – The property was provided to the tenant as part of their employment with the landlord, and that employment has ended.
- Ground 5D – The landlord is a Private Registered Provider (PRPs) and lets the property based on the tenant’s employment, but the tenant no longer meets the employment criteria. This Ground is useable from 2027.
- Ground 5E – The property has been used as supported living accommodation, but is currently privately rented and the landlord wants to use it as supported living again.
- Ground 5F – The property is used as supported accommodation and the landlord needs to end the tenancy for one of the reason listed under this Ground.
- Ground 5G – The property has been used to temporarily house homeless tenants, and the council has advised the housing is no longer needed.
- Ground 5H – The landlord is a registered provider of social housing or a charity, and the tenant no longer meets the eligibility criteria.
- Ground 6 – The landlord plans to demolish, remodel, or reconstruct the property and it’s not feasible for the tenant to live there during works.
- Ground 6A – The property is used for social housing and the tenant has been housed in alternative accommodation.
- Ground 6B – Enforcement action has been taken against the landlord and the court has ordered the landlord to regain possession of the property.
- Ground 7 – The tenant has died within the last 12 months. This can’t be used if a surviving spouse still lives at the property.
- Ground 7A – Anti-social behaviour on the part of the tenant that meets one of these conditions: conviction of a serious offence, breach of an injunction to prevent nuisance or annoyance (IPNA), breach of a criminal behaviour order, closure order, noise nuisance.
- Ground 7B – The landlord has been told by the Home Office that one or more tenants does not have the right to rent.
- Ground 8 – A tenant who pays rent weekly or fortnightly is more than thirteen weeks in arrears. If the tenant pays monthly, they must be in three months of arrears.
Discretionary grounds for possession
Discretionary grounds are more subjective. If you use these, you’ll need to give the reason for eviction, but a court will decide whether your reasons are valid.
- Ground 9 – The landlord has provided the tenant with suitable alternative accommodation on a like-for-like basis.
- Ground 10 – Rent arrears, but of a shorter duration than in Ground 8.
- Ground 11 – Persistent late payment of rent, even if there are no arrears at the outset of court proceedings.
- Ground 12 – Any other breach of the terms of the tenancy agreement (not including in relation to payment of rent).
- Ground 13 – Damage or neglect by the tenant or someone they’ve allowed in the property.
- Ground 14 – The tenant has been a ‘nuisance’ to neighbours or has used the property for illegal or immoral activity.
- Ground 14A – Applicable to social landlords only. The tenant has carried out domestic abuse and their partner or other people living with them are unlikely to return.
- Ground 14ZA – The tenant, or someone living with them, has been convicted of an offence during a riot.
- Ground 15 – Damage to furniture belonging to the landlord.
- Ground 17 – The tenant gained the tenancy on the basis of a ‘false statement’.
- Ground 18 – The tenant is in supported living and is suspected to be not complying with the support provided.
When can Section 8 notices be served?
When a section 8 notice can be served will depend on the Ground being used. Further information can be found here.
Can I issue a Section 8 notice for more than one reason.
Yes, you can issue a Section 8 notice for one or more valid mandatory or discretionary grounds.
How do I serve a valid Section 8 notice?
Section 8 notices must be completed and served correctly, otherwise they are not valid. You should use the most up-to-date form, which you can find here.
However, before you issue a Section 8 notice, you should write to the tenant and tell them how they’re breaking the terms of their tenancy. Ideally send reminders weekly and, if arrears are the problem, tell the tenant how much they owe.
You also need to serve Section 8 notices in an approved way, which may be specified in the tenancy agreement. These can include:
- Giving the notice to the tenant in person.
- Mailing the notice.
- Putting it through the tenant’s letterbox.
If there are several tenants, each one should be issued with a notice. Each notice must include the names of all tenants, including any who have moved out.
How long does the process take?
The minimum notice you can give the tenants to quit will depend on the Ground you are using. This needs to be shown clearly on the Section 8 notice.
Are there other ways of regaining possession?
Since Section 21 was abolished under the Renters’ Rights Act 2025, landlord must rely on the Grounds under Section 8 to evict a tenant.
Can tenants challenge a Section 8?
Yes, if the tenant feels the reasons for regaining possession aren’t valid. Also, if any details in the Section 8 notice are wrong (such as a misspelt name), it can be challenged.
What if the tenants don’t leave?
If the tenants stay in the property after the specified date, you can take them to court. You’ll need to list the reasons for possession on the court papers. Tenants can list their reasons for challenging the Section 8 notice.
If the paperwork is in order, the case will go to court. If the court rules against the tenants, they’ll need to leave in a minimum of 14 days.
How can landlords mitigate the impact of eviction costs
Evicting tenants is stressful and can be expensive. However, if you have rent guarantee insurance it can cover you against missed rent and also pay for legal expenses, court fees and professional advice.
This article is intended as a guide only. Please note that legislation does change, it is always best to check the most up to date guidance on gov.uk. Most landlord insurance policies arranged by Alan Boswell Group also have access to a legal advice helpline where policyholders can seek further advice.
