A Section 8 eviction notice is a legal tool under the Housing Act 1988 that allows a landlord to seek possession of their property during the tenancy, as long as specific grounds for possession are met.
It differs from a Section 21 notice (which is “no fault”) because Section 8 is used when the tenant has breached the terms of their tenancy, such as non-payment of rent.
We handle everything from drafting the notice to attending court (if needed). Whether you need to evict a tenant for rent arrears, nuisance, or breach, we’ll manage the process for you.
Serve the Section 8 notice (Form 3)
You must specify the exact Section 8 grounds for possession, and give 14 days’ notice (or longer, depending on the grounds).
Wait for the notice period to expire
If the tenant doesn’t vacate, you can apply to court for possession.
Apply to court for a possession order
Hearings are usually required unless the tenant doesn’t defend. You’ll need evidence of arrears or breach.
Possession order & enforcement
If successful, the court grants possession. If the tenant still doesn’t leave, you can request enforcement by bailiffs.
You should serve a Section 8 notice for rent arrears or any serious breach of the tenancy agreement. It’s often used when:
The tenant owes more than 2 months’ rent (Ground 8)
There’s evidence of persistent late payment or damage
You need possession before the tenancy term ends
Using the correct grounds — and serving the notice properly — is essential. Errors can delay possession or lead to dismissal.
Serving a notice is a crucial part of the possession process as you are unable to proceed without the notice being served. While this may not be difficult, huge problems can occur even if the smallest errors are made. This is why we urge you to instruct us to deal with the preparation and service of the notice for you and avoid doing it yourself.
Invalid notices often go unnoticed when tenants vacate the property, which is not problematic. However, when tenants do not leave, discovering the notice's invalidity only occurs when court action is required, leading to significant issues.
Often, Landlords may find forms on the internet for no cost. However, it is uncertain who has drafted these notices and this is therefore very risky. This is why you should enlist the help of trained professionals.
An invalid notice leads to you having to restart the whole process, meaning all the time you have spent waiting will be wasted. If there were pre-existing rent arrears, they may accumulate further. In cases where there were no rent arrears, they might even begin to accrue. This results in additional fees, more lost rental income, and yet no possession achieved. Furthermore, tenants may become aware of the situation, potentially leading to counterclaims. The repercussions of an invalid notice can be extensive and costly.
Courts are highly aware of the consequences of possession proceedings, which can lead to tenants losing their property and becoming homeless, hence why they take great care when examining the notice. Ensuring the notice is valid is crucial.
We understand that the process may take time, however, the risks can be detrimental if you choose not to consult trained professionals like us.
Section 21: If no, you can use section 21.
Section 8: If over two months’ rent or breach for something other than non payment, you can use section 8.
Section 21: The tenant cannot defend a section 21 claim if the application is valid.
Section 8: Even if you get an Order for rent arrears you still need to recover the money owed.
Section 21: The section 21 procedure is smoother if you have fully complied with deposit or gas safety legislation.
Section 8: The section 8 procedure does provide the tenant with a range of defences even if they cannot ultimately prove them.
Section 21: Under section 21 you must give the tenant two months notice.
Section 8: Under section 8 you may only have to give the tenant two weeks’ notice even if you are still within the fixed term.
Section 21: Even though rent arrears are not covered under s21 you can make a separate claim for debt within six years.
Section 8: Even if the tenant does not have any assets or employment, we can apply to register your money judgment ensuring there is a public record by way of CCJ.
