Section 8 eviction notices
Check your section 8 notice
A section 8 notice is a legal eviction notice.
It must be valid. Valid means that your landlord must put the right information on the notice.
The right information is:
the reasons why they are evicting you - these reasons are called the grounds for possession
why the landlord can use the ground
the earliest date your landlord could start court action
The notice might not be valid if they get something wrong.
Your landlord might have to give you a new notice if they still want you to leave.
What a section 8 notice looks like
Tenancy form 3 on GOV.UK is a section 8 notice.
Your landlord must use this form or give you a letter with the same information.
Example: this is not a legal notice
Sam's landlord gives her a letter. It says she has to leave by the end of the month because she owes rent.
This is not a valid notice.
The notice does not say how much rent Sam owes. It does not mention grounds for possession or a date when court action can start.
Sam does not have to leave. The landlord needs to give her a legal notice before they can take any more steps to evict her.
Check the grounds for possession
The grounds for possession are the the legal reasons why your landlord wants you to leave.
They are on paragraph 3 on the notice.
Rent arrears grounds
Grounds 8, 10 and 11 are the rent arrears grounds.
Try to get your rent arrears below 2 months if your landlord is using ground 8.
Find out how to deal with rent arrears.
Other eviction grounds
Check your notice to see if any other grounds are on it.
Private landlords sometimes use these grounds:
ground 12 - for breaking a term in your tenancy agreement
ground 13 - for allowing the property condition to get worse
ground 14 - for causing a nuisance to neighbours or the landlord, or some criminal convictions related to the property or the area
Check the date your landlord could go to court
The earliest date your landlord could start court action is on the notice at paragraph 5.
You must get at least 2 weeks' notice for:
grounds 8, 10 and 11 - rent arrears
grounds 12 and 13
The 2 weeks runs from the date you get the notice. Your landlord might hand deliver it or send it through the post and get proof of delivery.
With ground 14 your landlord could apply to court to get you evicted as soon as they give you the notice.
Your landlord might not start court action on the day in the notice. They have 1 year from when they give you the notice to apply for a court order.
After this, the section 8 notice is no longer valid and your landlord cannot use it.
Get free legal advice
Anyone with a notice can get free advice.
An adviser can check if your notice is valid.
You could get more legal help if you get benefits or have a low income.
Last updated: 9 July 2024
