Section 8 Notice Explained

What is Section 8?

Section 8 refers to a part of the Housing Act 1988, an Act of Parliament which governs the law between landlords and tenants. When this law was introduced, it gave landlords new powers to reclaim their rental properties. Other parts of the Housing Act include Section 21, i.e. no-fault evictions, Section 13, which refers to rent increases, and more.

Section 8 gives landlords the power to evict tenants and reclaim their property if there are valid grounds for possession, usually if the tenant has broken the rental agreement. This could be by damaging the property, not paying rent or being in significant rent arrears, causing a nuisance to neighbours, or conducting illegal activities on the property. Section 8 could also be used to evict tenants who don’t have the right to rent in the UK due to their immigration status.

When Can I Serve a Section 8 Notice?

A Section 8 notice can be served during a tenancy if there are valid grounds for possession according to the Housing Act 1988. There are several grounds for possession listed in Section 8 of the Housing Act, divided into mandatory or discretionary grounds. Mandatory grounds for eviction mean that a judge has to grant the landlord a possession order if they prove their case in court. It is very unlikely that a tenant could successfully defend themselves in these cases, as they often involve serious breaches of the tenant agreement or if the landlord has strong legal reasons to reclaim the property. Once a Section 8 notice has been issued, tenants have between 2 weeks and 2 months to vacate the property, depending on the grounds for eviction.

Mandatory Grounds for a Section 8 Notice

There are 8 mandatory grounds for a section 8 notice. All give the tenants 2 months to vacate the property unless otherwise specified.

1. The landlord wants to move back in. If the landlord used to live in the property and wants to move back in, they can use Section 8 to evict tenants. 
2. The property’s mortgage lender is repossessing the property. This is only valid if the landlord took out the mortgage before the tenancy, and there was a clause in the mortgage lender’s agreement allowing repossession of the property.
3. The property was a holiday let before, and has since been occupied for less than 8 months, and the property is becoming a holiday let again. Tenants must leave within 2 weeks of notice.
4. The property is student accommodation with a fixed term of no more than 12 months, and it is being returned to the educational institution. The notice period for this is 2 weeks.
5. The property is owned by a religious institution and is required for a minister of religion to live in.
6. Major renovations or other works on the property are planned, and the tenant cannot occupy the property while this takes place.
7. The tenant has died (note: this cannot be used if a surviving spouse lives at the property). The landlord must serve the Section 8 notice within 12 months of becoming aware of the tenant’s death.

7a. The tenant has been convicted of a serious offence, is engaging in serious antisocial behaviour, such as drug dealing or production at the property, violence, harassment or intimidation, criminal behaviour orders, or a breach of an injunction for antisocial behaviour. No notice period is needed for this ground; a landlord can apply for immediate eviction.

7b. The Home Office has notified the landlord that one or more tenants do not have the right to rent in the UK. The notice period for this ground is 2 weeks.

1. The tenant is in rental arrears, specifically at least 2 months’ rent if rent is paid monthly or three months of rent arrears if rent is paid quarterly or yearly. The notice period is 2 weeks.

Discretionary Grounds for a Section 8 Notice

Discretionary grounds are more subjective, and a court may vary on its decision in such cases depending on the individual circumstances. A court could overturn Section 8 notices issued on discretionary grounds if it feels that the eviction is unfair. Discretionary grounds include:

1. The landlord has provided the tenant with suitable alternative accommodation. This would be used when 
2. There are rent arrears, but less than those specified in ground 8.
3. The tenant is often late with rent payments, but the arrears are less than those in ground 8, and may not be in arrears during court proceedings. 
4. Any other breach of the tenancy agreement other than non-payment of rent.
5. Damage to the property, including deterioration caused due to neglect by the tenant.
6. The tenant is causing nuisance, annoyance, or illegal or immoral use of the property. Much like ground 7, no notice period is required in this case to start legal proceedings.

14ZA. The tenant has been convicted of an “indictable offence which took place during, and at the scene of, a riot in the UK”. Source

14a. The tenant has been violent or abusive towards a spouse or family member. This ground only applies to social housing tenants.

1. The tenant has damaged furniture or other household items beyond normal wear and tear,
2. The tenant was provided accommodation as part of their job, and their employment has ended.
3. The tenant provided false information when applying for the tenancy, such as a fake reference or fake financial details.