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What is a Section 8 eviction?

A Section 8 eviction is a legal process that allows landlords to evict tenants who have broken the terms of their tenancy agreement. This only applies to tenants on an assured shorthold tenancy (AST) in England and Wales.

Unlike a Section 21 notice, which allows landlords to end a tenancy without giving a reason, a Section 8 notice must clearly state the reason for eviction - known as a ‘ground’ - as set out in the Housing Act 1988.

Landlords must follow strict legal procedures to ensure the eviction is valid. If mistakes are made, tenants can challenge the eviction in court, which could lead to delays or even dismissal of the case.

Mandatory grounds for possession in detail

There are eight mandatory grounds for possession outlined in Schedule 2 of the Housing Act 1988. If a landlord can prove one of these grounds in court, a judge will grant a possession order, meaning the tenant will be legally required to leave the property. Below is a breakdown of each mandatory ground for possession and what it means for landlords and tenants.

Ground 1 - Owner occupancy

A landlord can reclaim their property if they previously lived in it as their main home and now wish to return. This ground is only valid if the tenant was notified in writing before the tenancy started that the landlord might need the property back for personal use.

• 📌 Minimum notice period: 2 months

Ground 2 – Repossession by mortgage lender

If a mortgage lender has a legal right to take possession of the property (e.g. due to landlord mortgage arrears), they can evict the tenant as part of the repossession process. However, the tenant must have been made aware before the tenancy began that this could happen.

• 📌 Minimum notice period: 2 months

Ground 3 - Holiday let

A landlord can seek possession if the property was previously used as a holiday rental and is now needed for that purpose again. The tenant must have been informed before moving in that the property may be reclaimed for holiday letting.

• 📌 Minimum notice period: 2 weeks

Ground 4 - Student rental

If the property was previously let to students by an educational institution, the landlord can reclaim possession to re-let it to students. The tenant must have been notified before signing the tenancy agreement that this might happen.

• 📌 Minimum notice period: 2 weeks

Ground 5 - Property owned by a religious organisation

A religious organisation can reclaim possession of a property if it is needed to house a minister of religion or another official working for the organisation. This is typically used when housing is tied to religious duties.

• 📌 Minimum notice period: 2 months

Ground 6 - Property redevelopment

If the landlord needs to carry out major redevelopment or demolition that cannot be done with the tenant in place, they can seek possession. However, the landlord must show that alternative accommodation is available for the tenant.

• 📌 Minimum notice period: 2 months

Ground 7 - Death of the tenant

If a tenant passes away, the landlord can reclaim possession within 12 months of their death if the tenancy was not legally inherited by a family member or joint tenant.

• 📌 Minimum notice period: 2 months

Ground 7A - Anti-social behaviour

If a tenant has been convicted of serious anti-social behaviour, a landlord can seek possession. This includes:

• Criminal activity in or near the property
• Persistent anti-social behaviour affecting neighbours
• Breaches of an Anti-Social Behaviour Order (ASBO)
• 📌 Minimum notice period: Immediate (if court-approved) or 4 weeks to 1 month, depending on the situation

Ground 7B - No legal ‘right to rent’

If a tenant fails an immigration check under the Right to Rent scheme, a landlord can seek possession. This applies when a tenant is found to be living in the UK unlawfully and has no right to rent property.

• 📌 Minimum notice period: 2 weeks

Ground 8 - Substantial rent arrears

A landlord can evict a tenant if they have serious rent arrears, specifically:

• At least two months' unpaid rent (for monthly tenancies)
• At least eight weeks' unpaid rent (for weekly tenancies)

This ground cannot be used if the tenant reduces the arrears below the threshold before the hearing.

• 📌 Minimum notice period: 2 weeks

Discretionary ground for possession in detail

There are nine discretionary grounds for possession, meaning the court must decide whether eviction is reasonable based on the circumstances. Unlike mandatory grounds, where eviction is automatic if proven, discretionary grounds allow the judge to consider factors like tenant behaviour, hardship, and the landlord's situation before making a decision. A landlord can use multiple discretionary grounds in a possession claim and may combine them with mandatory grounds to strengthen their case.

Below is a breakdown of each ground and how they apply.

Ground 9 - Offer of suitable alternative accommodation

A landlord can seek possession if they offer the tenant a suitable alternative home. The new accommodation must be reasonable and comparable to the current property. The landlord may also need to cover moving costs.

• 📌 Minimum notice period: 2 months

Ground 10 - Rent arrears

Unlike Ground 8 (mandatory possession for serious arrears), Ground 10 allows landlords to seek possession even if the arrears are less than two months. The court will consider the tenant’s payment history and ability to repay.

• 📌 Minimum notice period: 2 weeks

Ground 11 - Persistently late rent payments

This ground applies if the tenant regularly pays rent late, even if they don’t currently owe arrears. The landlord must prove a pattern of late payments, showing that the tenant repeatedly fails to pay on time.

• 📌 Minimum notice period: 2 weeks

Ground 12 - Breach of tenancy agreement (unrelated to rent)

If a tenant breaks the terms of their tenancy agreement in any way other than rent arrears, the landlord can seek possession. This might include keeping pets without permission, subletting, or making unauthorised alterations to the property.

• 📌 Minimum notice period: 2 weeks

Ground 13 - Property deterioration due to action or neglect

If a tenant has damaged the property through neglect or deliberate action, the landlord can apply for possession. The court will assess whether the damage is significant and whether the tenant failed to take reasonable care of the home.

• 📌 Minimum notice period: 2 weeks

Ground 14 - Nuisance, annoyance, illegal or immoral use

Landlords can seek possession if the tenant is causing a serious nuisance, disturbing neighbours, or using the property for illegal activities (such as drug dealing). The court will look at the severity of the issue before deciding whether to grant possession.

• 📌 Minimum notice period: Immediate (proceedings can begin as soon as notice is served)

Ground 14ZA - Riot offence

This ground applies if a tenant (or someone living in the property) has been convicted of a criminal offence related to rioting anywhere in the UK. The offence must have taken place on or after 13 May 2014.

• 📌 Minimum notice period: Immediate

Ground 15 - Damage to furniture

If a furnished property is damaged due to tenant neglect or intentional harm, the landlord can seek possession. The court will consider whether the damage is excessive and whether the tenant took reasonable care of the furniture.

• 📌 Minimum notice period: 2 weeks

Ground 16 - Tenant is a former employee

If the tenancy was granted as part of a job (e.g. a caretaker, farm worker, or school staff accommodation) and the tenant no longer works for the employer, the landlord can seek possession. The court will decide whether eviction is fair, based on factors like the availability of alternative housing.

• 📌 Minimum notice period: 2 months

Ground 17 - False statements

A landlord can seek possession if the tenant obtained the tenancy by providing false information. This could include lying about income, employment status, or references on their rental application.

• 📌 Minimum notice period: 2 weeks

How to serve a Section 8 notice

The Section 8 eviction process follows strict legal steps, and landlords must ensure they serve the notice correctly to avoid delays or disputes. Below is a step-by-step guide to the process.

1. Identify the grounds for eviction

Before serving a Section 8 notice, landlords must clearly state the reason for eviction. Common grounds include:

• Rent arrears (Grounds 8, 10, and 11)
• Property damage (Ground 13)
• Anti-social behaviour (Ground 14)

Each ground has specific legal requirements, so it's important to choose the right one.

2. Serve the Section 8 Notice

The landlord must complete and deliver a Section 8 notice (Form 3) to the tenant. This notice must include:

• The specific ground(s) for eviction
• The amount of rent owed (if applicable)
• The notice period required before further legal action can be taken

Landlords should keep a record of service, whether by hand delivery, recorded post, or email (if permitted by the tenancy agreement).

3. Provide the correct notice period

The notice period depends on the grounds for eviction:

• Rent arrears (Grounds 8, 10, 11) - 14 days
• Anti-social behaviour (Ground 14) - Immediate notice
• Most other grounds - 2 months

If the notice period expires and the tenant has not left, the landlord can proceed to court.

4. Apply to the court for a possession order

If the tenant fails to leave after the notice period, the landlord must apply to the county court for a possession order. This involves:

• Completing a claim form (available online or at the court)
• Paying a court fee (varies based on the application type)
• Waiting for the court to issue a hearing date

5. Attend the court hearing

Both the landlord and tenant will be given a court date to present their case. The judge will review:

• Whether the grounds for eviction are valid
• If the landlord followed the correct process
• Whether the tenant has a valid defence (e.g., dispute over rent arrears or property repairs)

The judge will then decide whether to grant a possession order.

6. Possession order is granted

If the court approves the eviction, a possession order is issued, usually giving the tenant 14 to 28 days to vacate the property. In serious cases, such as severe rent arrears or illegal activity, this may be reduced to 7 days.

7. Apply for a warrant for possession

If the tenant still refuses to leave after the possession order expires, the landlord can apply for a warrant for possession, allowing bailiffs to carry out the eviction.

• The landlord must request enforcement from the county court.
• The tenant will receive a final warning before enforcement.

8. Final eviction by bailiffs

If the tenant remains in the property, court-appointed bailiffs will carry out the eviction. Only a court bailiff can legally remove a tenant - landlords cannot do this themselves. Once the bailiff enforces the eviction, the landlord regains full possession of the property.

💡 Important: Landlords cannot remove tenants themselves - only court-appointed bailiffs have the legal power to evict tenants.

When is a Section 8 notice not valid?

A Section 8 notice can be challenged or deemed invalid if the landlord fails to follow the correct legal process. Here are some of the most common reasons why a Section 8 notice might not be legally enforceable:

1. Incorrect notice form

A Section 8 notice must be served using the official Form 3 and must include:

1. The grounds for eviction (as set out in the Housing Act 1988)
2. The correct notice period based on the eviction ground
3. The tenant’s full name and address
4. The landlord’s name and contact details

💡 If any details are incorrect or missing, the notice may be invalid.

2. Wrong notice period given

Different eviction grounds require different notice periods. If the landlord does not provide the correct notice period, the notice is invalid.

3. Lack of evidence for the eviction ground

The landlord must prove the eviction ground used. If the claim is based on:

• Rent arrears: There must be clear records of missed payments
• Property damage: Photos or inspection reports should show the extent of the damage
• Anti-social behaviour: Complaints, police reports, or witness statements may be needed

💡 If the landlord cannot provide evidence, the court may reject the claim.

4. Retaliatory eviction (illegal eviction attempts)

If a tenant has complained about disrepair or requested repairs, and the landlord serves a Section 8 notice shortly after, the court may see this as a retaliatory eviction and rule it invalid.

💡 Landlords must ensure they are not evicting a tenant unfairly or in response to a legal complaint.

5. Deposit protection rules not followed

If the tenancy began after April 2007 and the tenant paid a security deposit, the landlord must have:

• Protected the deposit in a government-approved deposit scheme
• Provided the tenant with prescribed information about where the deposit is held

💡 If the deposit wasn’t protected correctly, the landlord may not be able to serve a valid Section 8 notice.

What happens at the end of a Section 8 notice?

When the notice period on a Section 8 notice expires, the tenant is not required to leave immediately unless they agree to vacate voluntarily. If the tenant stays beyond the notice period, the landlord must take further legal action to regain possession of the property. Here’s what happens next:

• Tenant leaves voluntarily: If the tenant chooses to leave, the landlord can take back possession without further action. However, if the tenant has rent arrears or caused damage, the landlord may still need to pursue legal action to recover costs.
• Tenant stays beyond the notice period: If the tenant does not leave, the landlord must apply to the court for a possession order. This involves filing a possession claim with the county court, paying a court fee and waiting for the court to set a hearing date
• Court hearing and decision: At the possession hearing, both landlord and tenant can present their case. If the landlord proves their grounds for eviction, the court will issue a possession order, giving the tenant a set deadline to leave.
• Bailiff enforcement (if needed): If the tenant ignores the possession order, the landlord must apply for a warrant for possession. This allows court-appointed bailiffs to legally evict the tenant.

💡 Key point: A Section 8 notice does not automatically end the tenancy. If the tenant refuses to leave, the landlord must follow the full legal eviction process through the courts.

How long can a Section 8 eviction take?

The Section 8 eviction process can take anywhere from a few weeks to several months, depending on court availability, tenant cooperation, and whether bailiffs are needed. Here’s an estimated timeline:

1. Serving the Section 8 notice: The landlord serves notice, with a notice period of two weeks to two months, depending on the eviction grounds.
2. Court application: If the tenant doesn’t leave after the notice period, the landlord applies for a possession order. This typically takes 4 to 8 weeks for the court to process.
3. Court hearing and possession order: If the case goes to court, a hearing is scheduled within 6-12 weeks. If the judge grants a possession order, the tenant is usually given 14-28 days to vacate.
4. Bailiff enforcement (if needed): If the tenant ignores the possession order, the landlord must apply for a warrant for possession. It can take several more weeks for court bailiffs to carry out the eviction.

Can a Section 8 notice be combined with a Section 21 notice?

Yes, a landlord can file a Section 8 and Section 21 notice at the same time. However, they need to be served independently of each other. A landlord may serve a section 8 notice when a tenant is behind on rent. Even if the rent is paid the landlord may then file a section 21 notice if they have a legitimate reason for wanting the property back – that isn’t to do with the non-payment of rent.

How Lawhive can help

Facing a Section 8 eviction process can be stressful and time-consuming, but you don’t have to navigate it alone. At Lawhive, our expert landlord solicitors can guide you through every step - ensuring your case is handled correctly and efficiently

• Expert legal advice: Get clear guidance on the best approach for your situation.
• Full support with paperwork: We ensure your Section 8 notice is properly drafted and served, avoiding delays.
• Fixed-fee pricing: No hidden costs - just transparent, upfront pricing.

💡 Get started today - Contact us for a free, no-obligation quote, and see how our legal experts can help.

References

• Section 8 from Gov.uk

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