Section 8 Notice

A Section 8 notice is a formal notice a landlord in England or Wales serves on a tenant to start possession proceedings because the tenant is alleged to be in breach of the tenancy. It takes its name from section 8 of the Housing Act 1988. Unlike a “no-fault” Section 21 notice, a Section 8 notice must rely on one or more specific grounds for possession, set out in the Act and usually mirrored in the tenancy agreement.

Common grounds include serious rent arrears, persistent delay in paying rent, damage to the property, nuisance or anti-social behaviour, or the landlord needing the property back for certain reasons, for example, to live there themselves where a suitable ground applies. Some grounds are mandatory, meaning the court must grant possession if they are proved. Others are discretionary, meaning the judge decides what is reasonable in the circumstances.

The notice must be in the prescribed form, specify the grounds being relied on and state the date after which court proceedings may begin. Minimum notice periods vary by ground. A Section 8 notice does not itself end the tenancy. The landlord still needs a possession order from the court, and the tenant may raise a defence or counterclaim, for example, serious disrepair or harassment.