A Section 8 notice is a legal way for landlords in the UK to reclaim their property when a tenant breaks the terms of their tenancy agreement. Serving a Section 8 notice incorrectly can lead to delays or even a court dismissing the case. So, it’s important to get it right. In this guide, we’ll break down what a Section 8 notice is, when you can use one, and how to serve it properly.
What is a Section 8 notice?
A Section 8 notice is a legal document used by landlords to get possession of a property back when a tenant has breached their tenancy agreement. This notice needs to be given by law under Section 8 of the Housing Act 1988. It's commonly used when a tenant owes rent or has engaged in anti-social behaviour.
This is different to a Section 21 notice which allows landlords to regain possession without providing a reason. Section 8 notice requires landlords to give a legal ground for eviction. These grounds are set out in Schedule 2 of the Housing Act 1988 and fall into two categories:
Mandatory grounds: If proven to be correct, the court must give possession.
Discretionary grounds: The court will consider the case before deciding on possession.
Once you have given a Section 8 notice, the tenant has usually two weeks or two months, depending on the grounds. They can either vacate the property or resolve the issue. This should happen before the landlord applies for possession.
When can a Section 8 be used?
A Section 8 notice can only be used if the tenant has breached the tenancy agreement in one of the ways specified in the Housing Act 1988. The most common reasons include:
Rent arrears: If a tenant has fallen behind on rent for two months or more (or eight weeks if they pay their rent weekly), this is a mandatory ground for eviction.
Anti-social behaviour: If a tenant is causing trouble or engaging in criminal activity on the property, landlords can use discretionary grounds.
Damage to the property: If the tenant has caused severe damage or has not looked after the property, you can issue a Section 8 notice.
Breach of tenancy agreement: If the tenant has broken the terms of the tenancy agreement, this is a discretionary ground. An example of this would be subletting the property without permission.
The length of notice required depends on which ground for eviction is being used. Some Section 8 grounds need two weeks' notice, while others need two months' notice before a landlord can apply to court.
How to serve a Section 8 correctly
Landlords must follow the correct rules to make sure a Section 8 notice is valid by law. You fail to do so and it can result in delays or even the court rejecting the eviction request.
1. Use the correct form
The official document for a Section 8 notice is Form 3, which you can download from the UK government website. This form must be completed accurately, including:
The tenant’s name and address
The grounds for eviction (referencing the correct reason in the Housing Act 1988)
The date you serve the notice and the date the tenant must leave
The landlord’s name and signature
2. Provide the correct notice period
The length of notice depends on the reason for eviction. Some grounds need two weeks' notice, while others need two months' notice. If you use several grounds, the longest notice period applies.
3. Deliver the notice correctly
A Section 8 notice must be served to be valid. The best ways to serve it include:
In-person: Hand it to the tenant and get a signed receipt.
By post: Send it via recorded delivery to have proof of receipt.
By email: If the tenancy agreement allows communication by email, this may be an option.
💡Editor's insight: "It’s important to keep proof of service so that you can show the court. This can stop disputes down the line about whether it was sent. This could be a signed delivery receipt which will confirm they received it. Or if someone else delivers it, they could provide a witness statement. This will help your chances if you do have to go to court.”
4. Wait for the notice period to end
The tenant has the notice period to either:
Vacate the property
Resolve the issue (e.g. pay owed rent)
Challenge the eviction in court
If the tenant doesn't leave after the notice period, the landlord must apply for a possession order through the courts.
Are there any alternatives to Section 8?
A Section 8 notice isn’t the only way for landlords to take back a property. Depending on the situation, landlords might consider other methods.
1. Section 21 notice
A Section 21 notice allows landlords to evict a tenant without giving a reason. It should only be used when a fixed-term tenancy has ended or there is a break clause in the agreement. This means a term allowing the contract to end early. Unlike Section 8, it does not need proof of a breach of contract.
2. Negotiating with the tenant
Landlords may prefer to negotiate with tenants rather than go through the legal process. Finding a way forward to vacate the property, sometimes with financial help, can save time and legal fees.
Can Section 8 and Section 21 be served at the same time?
Yes, a landlord can serve both a Section 8 notice and a Section 21 notice at the same time. This is often done when:
The landlord wants to increase the chances of a successful eviction.
The fixed-term tenancy is ending soon, making Section 21 a viable option.
The tenant owes rent, which qualifies for a Section 8 notice.
Serving both notices allows landlords to proceed with the strongest case, depending on how the tenant responds.
FAQ
How long does a Section 8 eviction take?
A Section 8 eviction can take several months if the tenant doesn't agree to the eviction. If the tenant doesn't leave of their own free will, the landlord must apply for a court order. This can mean further delays.
Can a tenant challenge a Section 8 notice?
Yes, tenants can challenge a Section 8 notice in court, especially if:
The landlord has not followed the correct procedure.
The tenant disputes the grounds for eviction (e.g., claims rent was paid).
The landlord has failed to meet legal obligations, such as carrying out repairs.
What happens if the tenant refuses to leave?
If the tenant does not leave the property after the notice period, the landlord must apply for a possession order from the court. If the tenant still refuses to leave, the landlord can request bailiffs to force the eviction. You can learn more in our guide to what happens if a tenant refuses to leave.
Can a Section 8 notice be withdrawn?
Yes, a landlord can stop a Section 8 notice at any time before applying for a possession order. If the tenant resolves the issue (e.g., paying due rent), the landlord may choose to let the tenancy continue.
Does a landlord need a solicitor for a Section 8 eviction?
It's not required by law, but we recommend seeking legal advice. It's important to get advice if the tenant challenges the eviction. Mistakes in serving the notice or applying for possession could lead to delays or the case being dismissed.
Final thoughts
A Section 8 notice is a legal way for landlords to evict tenants when they break their tenancy agreement - whether that’s unpaid rent, property damage, or anti-social behaviour. But to avoid delays, landlords must follow the correct legal steps.
If eviction isn’t the best option, negotiation or a Section 21 notice (for no-fault evictions) may be worth considering. Need support? Get in touch today for a fixed-fee quote and to see how our team of landlord solicitors can help.
References
Evicting tenants in England by gov.uk.
If you get a 'section 8' eviction notice from Citizens Advice.
Housing Act 1988 by legislation.gov.uk.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.
