Section 8 notices

A landlord can serve a valid section 8 notice on an assured or assured shorthold tenant to start the possession process. The landlord must have a reason for evicting the tenant, called a ground for possession.

Most private tenants have an assured shorthold tenancy. Most housing association tenants have an assured tenancy.

What makes a section 8 notice valid

The landlord must:

• list a ground for possession and give reasons

• use the prescribed form

• give the tenant the right notice period

The court can dismiss the landlord's possession claim if they did not serve the tenant with a valid section 8 notice.

A section 8 notice must list the ground on which the landlord is seeking possession and explain how it applies.[1]

The landlord can state more than one ground on the notice.

The grounds are numbered 1 to 17 and each gives a reason for possession. For example, grounds 8, 10 and 11 are used when the tenant has rent arrears.

Some grounds can be used during a fixed term of the tenancy where a term in the tenancy agreement permits it.

What grounds the landlord can use

Ground 1 to 8 are mandatory, including a ground for serious rent arrears. The court must order possession if it is satisfied the conditions for the ground are met.

Find a list of assured tenancy mandatory grounds for possession.

Grounds 9 to 17 are discretionary. These include grounds for delays in paying rent and breaching tenancy conditions. If the landlord uses a discretionary ground, the court must decide if both:

• the landlord has proven that the ground applies

• it is reasonable to evict the tenant

Find a list of assured tenancy discretionary grounds for possession.

Landlord must state the ground in full

The notice must specify the ground and include the wording of the ground in full.

Where the notice does not follow the exact form of words set out in the ground, the court must decide if it is similar enough to be substantially to the same effect.

For example, ground 8 includes the words 'rent lawfully due.' One Court of Appeal case held that a notice that omitted these words was not valid.[2] Another case allowed a notice that said rent owed instead of rent lawfully due because the meaning was clear.[3]

Landlord must explain how the ground applies

The landlord must give reasons for relying on the ground. This is called the particulars. They should give the tenant enough information to rectify the problem. The court can strike out the claim if the landlord does not give enough information.[4]

A landlord can ask for permission to add to or alter the particulars. The court should only give permission where it would be just and equitable to do so.[5]

If the form includes inaccurate information, such as a rent arrears figures, the court can allow the claim to proceed or order the particulars to be amended.[6]

A section 8 notice must be in the prescribed form or a form substantially to the same effect which contains the same information.[7]

What the section 8 prescribed form looks like

The prescribed form is Form 3. It includes information for the tenant and sections for the landlord to complete.

The current version of tenancy form 3 is available on the Gov.uk website.

The form is sometimes updated. The court could dismiss a claim if the landlord has not used the correct version.

When the notice is not in the prescribed form

A landlord might serve the tenant with a section 8 notice not using the prescribed form. It can be a valid if the notice is substantially to the same effect.[8]

The court should consider how a reasonable recipient would understand the notice and whether it includes the same information as the prescribed form.[9] The court can consider covering letters that accompany the notice.[10]

The court might dismiss the possession claim if it decides the notice is not substantially to the same effect as the prescribed notice.

When the notice contains an error

Where there is an error on the form, the court can consider whether a reasonable recipient would understand what meaning the notice is meant to convey.

For example, where a notice was served in November 2018 but gave a notice period ending in November 2017, the Court of Appeal found that the tenants would understand the error. The court held the notice was valid.[11]

Who needs to sign the notice

A valid notice must be signed by the landlord or the landlord's agent.

The Court of Appeal held that a valid section 8 notice can contain the name and address of the landlord's agent instead of the landlord's details.[12]

A section 8 notice can be signed by an employee of the landlord if the landlord is a company. It does not have to be signed by a director of the company.[13]

The notice must state a date for the tenant to leave.[14] After this date, the landlord can start court possession proceedings.

The notice period depends on the ground used.

Two weeks' notice on rent arrears grounds

Grounds 8, 10 and 11 can be used to evict a tenant with rent arrears.

The landlord must give at least two weeks' notice on a rent arrears ground.

Find out more about rent arrears possession.

Other grounds notice periods

For most other grounds, the landlord must give two weeks' or two months' notice.

Find a list of mandatory grounds 1 to 8 and discretionary grounds 9 to 17 with notice periods.

Notice periods during the Covid-19 pandemic

Landlords had to give longer notice periods between 26 March 2020 and 30 September 2021.

Find out more about the coronavirus (Covid-19) possession rules.

A landlord needs to give the tenant the section 8 notice to start the possession process. This is called serving the notice.

How a landlord should serve a section 8 notice

A landlord is not required to serve the section 8 notice in any particular way.

Where the tenant does not acknowledge that they were served with the notice, the landlord must prove they served it.[15]

Service by post does not prove service unless the tenancy agreement allows this. The tenancy could allow service in line with section 196 Law of Property Act 1925. This allows valid service by registered post, recorded delivery, or personal delivery to the tenant's property.[16]

Service on joint tenants

The notice must be served on all joint tenants and all tenants must be named on the notice, even if they are not resident.[17]

When the landlord uses ground 7A or ground 14A

When an antisocial behaviour condition is met a landlord can seek possession on mandatory ground 7A when an antisocial behaviour condition is met. The landlord must serve the notice within a certain time, depending on the condition relied on. For example, within 12 months of a conviction for a serious offence.

Find out more about ground 7A.

A landlord can seek possession on discretionary ground 14A when one member of a couple has left the property due to domestic violence from the other partner. The landlord must try to serve a copy of the notice on the partner who has left.[18]

Find out more about ground 14A.

Court dispenses with requirement for service

The court can dispense with the requirement for the landlord to serve valid notice where it is just and equitable to do so.[19] This means the court allows the possession claim to proceed even though the landlord did not serve a valid notice.

When deciding whether to proceed without notice, the court should consider the harm caused to both landlord and tenant, and the effect of the notice not being served.[20]

The court does not have the power to dispense with the requirement for service when a landlord uses either:[21]

• ground 7A: antisocial behaviour

• ground 7B: tenant does not have a right to rent

• ground 8: serious rent arrears

Tenants should take action as soon as they receive a section 8 notice. They might be able to stop the eviction.

Legal help and advice

Advice about a notice seeking possession is in scope for civil legal aid help.

If the tenant is eligible, they can get free legal advice and representation from a solicitor or specialist housing adviser.

Find out more about legal aid for housing problems.

Rent arrears grounds

Where a landlord uses rent arrears grounds 8, 10 or 11, the tenant might have a defence that allows them to stay in their home.

The tenant could pay off arrears or arrange a payment plan to prevent eviction.

At any stage of the process, the tenant can seek financial help.

Find out more about rent arrears possession.

When the section 8 notice period ends

If the tenant does not leave the property, the landlord can make a possession claim to the County Court when the section 8 notice period ends.

The landlord must start a possession claim within 12 months of the date the section 8 notice is served.[22] If they do not start the claim in time, they must serve a new notice if they still want possession unless the court dispenses with the requirement to serve notice.

Where the landlord has not served a valid notice, the tenant might have a defence. The court might strike out the claim, even if the landlord can show the ground is met.

Find out more about the possession proceedings process and tenant defences.

When the landlord also serves a section 21 notice

A landlord could serve a section 21 notice and section 8 notice at the same time.

A section 21 is a no fault notice. The landlord could serve a section 21 notice on an assured shorthold tenant. The landlord does not have to prove a ground and can use the accelerated possession procedure so there might not be a court hearing.

The possession process is different for each notice.

Find out more about the section 21 possession process.