What is the section 8 process and section 8 notices?
In England, there are two main types of eviction procedures for assured shorthold tenancies (ASTs) as set out in the Housing Act 1988:
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section 8 evictions, and
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section 21 evictions
The section 8 procedure can only be used in certain circumstances where specific legal grounds apply.
To evict a tenant under the section 8 procedure, a Section 8 notice must be used. This is a formal written notice given by a landlord to a tenant informing the tenant that the landlord wants possession of the property and will be applying to the court for an order for possession (ie they’re evicting the tenant).
For more information on the section 8 grounds for eviction, read Section 8 grounds for possession.
When should I use a section 8 notice?
You should use a section 8 notice when a specific legal ground for possession applies to your situation. These grounds cover two main scenarios:
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your tenant has broken the terms of their Tenancy agreement (eg if they've stopped paying rent or damaged the property)
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you need the property back for a legitimate reason that isn't the tenant's fault (eg if you or a family member wants to move into the property or if a lender is selling the property)
The biggest advantage of a section 8 notice is that it can be served at any time during the course of an AST, provided one of the legal grounds applies. In other words, so long as at least one of the section 8 grounds applies, you can use a section 8 notice to end a tenancy early (ie before the end date specified in the original tenancy agreement).
Remember, you must serve the notice on the tenant before you can apply to the court for a possession order.
What are the most common grounds for possession?
The most common grounds for section 8 evictions typically relate to the non-payment of rent. The applicable eviction grounds are Grounds 8, 10, and 11.
Aside from issues relating to rent payments, section 8 notices often also relate to damage to the property. Ground 13 should be used for this reason.
Ground 8
Ground 8 is a mandatory ground to be used when the tenant is in serious rent arrears. The court must make a possession order within 14 days of a hearing, provided it is satisfied that at the time the notice was served and at the time of the hearing, the rent was:
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at least eight weeks in arrears (where rent is payable weekly or every two weeks)
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at least two months in arrears (where rent is payable monthly)
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more than three months in arrears (where rent is payable every three months or yearly)
Grounds 10 and 11
Grounds 10 and 11 are discretionary grounds for rent arrears. They have a broader scope in relation to the tenant’s non-payment of rent than Ground 8:
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Ground 10 can apply immediately where the tenant misses a rental payment
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Ground 11 only requires that the tenant has regularly paid rent late, whether or not the tenant is actually in arrears at the time the notice is served or proceedings are started
Since both grounds are discretionary, the court may grant a possession order, but does not have to. These grounds should always be included when filing under Ground 8 as a fallback, where applicable.
Ground 13
Ground 13 can be used as a ground for repossession if the tenant, or anyone living with them, has damaged the property. Damage to property includes damage to any common areas to which the tenant has access in the building in which their property is located.
For more information on the different grounds for possession, including applicable notice periods, read Section 8 grounds for possession.
If you still need help, you can Ask a lawyer. Or, if the grounds under section 8 don’t apply, you may be able to use a Section 21 notice to evict. For more information, read Repossessing property - section 21 notices.
How to make a section 8 notice
The section 8 eviction procedure is a formal process. You must follow it correctly in order to legally evict a tenant. If you make a mistake, a court might not grant a possession order, or the tenant might successfully challenge the eviction.
To ensure compliance with the section 8 process, you can use a personalisable Section 8 notice template based on the government’s prescribed form.
When filling out your form, you must include the following key information:
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the tenant’s full name
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the full address of the rented property
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at least one of the grounds set out by section 8 of the Housing Act 1988 (ie the legal reason for eviction)
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a brief explanation of why the ground(s) apply to your specific circumstances
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the correct notice period required for the ground(s) used (this varies depending on which grounds you choose)
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the earliest date on which court proceedings may begin
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your full name and contact details
You can state any of the available 21 eviction grounds. It's best to be sure that any ground you state can be proven, as the court may dismiss your case if you can't provide sufficient evidence. Remember that you can use both mandatory grounds (where the court must grant an order if proven) and discretionary grounds (where the court decides if it's reasonable to grant an order).
How to serve a section 8 notice?
Once completed, the section 8 notice must be served on (ie delivered to) the tenant. You should do this using the method(s) outlined in the tenant’s tenancy agreement. It will generally involve the notice being:
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handed to the tenant in person
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posted through the property letterbox
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sent by mail (using recorded delivery)
Remember that you may be prevented from serving an eviction notice for a period if your tenant is in a debt enforcement moratorium under the Debt Respite (Breathing Space) Scheme.
How to apply for a possession order
Once your tenant receives the section 8 notice, you must wait until the date specified in the notice (ie the notice period) has expired. If the legal ground(s) you cited still apply at that point (eg the tenant hasn't cleared their rent arrears), you may apply to the court for an order for possession. You do this by filing two forms with the court:
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Form N5 (the claim for possession form), and
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Form N119 (the particulars of claim form)
If you are seeking possession only based on rent arrears (ie Grounds 8, 10 and/or 11), you can submit your court application online using the government's Possession Claim Online service. For all other grounds, you will need to hand-in or post the forms to your local county court. You must pay a court fee regardless of the method you choose.
What happens at court?
Once the court approves your application, it will typically send the tenant a copy of the landlord's claim form and particulars, and a defence form (ie Form N11R). This gives the tenant a chance to defend the claim, and they typically have 14 days to:
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give the court an explanation of their situation
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provide reasons why they should be allowed to stay in the property
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challenge the validity of the information you provided
The court will then decide whether to issue a possession order or if a hearing is required. A hearing is usually required if the tenant has raised an important issue, the paperwork isn’t in order, or if the judge requires evidence from both parties.
If a hearing is required, the court will fix a date and notify all parties. Due to court workloads, the first hearing is typically scheduled six to eight weeks after the date is set.
The court doesn't automatically grant a possession order simply because the tenant failed to file a defence. However, the judge can take their failure into account when making a decision.
At the hearing, the court may:
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dismiss the case - the hearing ends, and no order is made (typically because the court finds you didn’t follow the correct process or there is no reason to evict the tenant)
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adjourn the hearing - the judge moves the hearing to a later date, usually because a decision can’t be reached that day
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make an order - the judge makes a final decision regarding what should happen
If the case is dismissed by the court, the tenant will be allowed to remain in the property. If you still wish to evict them, you must restart the court process.
For a full explanation of the types of orders a judge can make and what they mean, read Enforcement of possession orders.
Obtaining a possession order
A possession order is an order granted by the court that gives you, the landlord, the legal right to reclaim your property from the tenant.
If the court issues an outright possession order, the tenant must leave the property by the specified date, which is usually 14 days after the order is made.
If the tenant refuses to leave by that date, you must then take further steps to enforce the order.
For more detailed information on how to legally enforce the order and regain possession of your property, read Enforcement of possession orders.
How are section 8 notices changing?
As part of the private rented sector reforms under the Renters’ Rights Act 2025, the process by which landlords regain possession of their properties is undergoing fundamental changes. From 1 May 2026, the section 21 notice procedure will be abolished, meaning landlords won't be able to use 'no-fault' evictions.
Consequently, the section 8 procedure will become the only way for landlords to seek possession. To make sure landlords can still reasonably recover their property for legitimate reasons, the existing section 8 grounds are being reformed and significantly expanded (almost doubled in number). For more information on the changes, read The landlord's guide to the Renters' Rights Act and What new renters' rights do tenants have?
If you need to evict a tenant using the section 8 eviction procedure, you can start by making a Section 8 notice. If you need help completing or sending your eviction notice, or if you require assistance applying to the court, use our Tenant eviction service. Do not hesitate to Ask a lawyer if you have any questions or concerns about the eviction process.
