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A Section 8 eviction is a legal process that allows landlords to regain possession of their property when a tenant has breached the terms of their tenancy agreement.
This type of eviction applies only to tenants renting under an assured shorthold tenancy (AST) in England and Wales.
Unlike a Section 21 notice, which allows a landlord to end a tenancy without providing a reason, a Section 8 notice must clearly state the legal reason for eviction. These reasons are known as “grounds for possession” and are set out in the Housing Act 1988.
Landlords must follow strict legal procedures when serving a Section 8 notice. Errors can result in the eviction being challenged, delayed, or dismissed by the court.
Mandatory grounds mean that if the landlord proves the ground in court, the judge must grant possession.
There are eight mandatory grounds listed under Schedule 2 of the Housing Act 1988.
A landlord may recover possession if they previously lived in the property as their main home and now want to return.
The tenant must have been informed in writing before the tenancy started
Minimum notice period:
2 months
If the landlord’s mortgage lender has the legal right to repossess the property, possession can be sought.
The tenant must have been warned before the tenancy began
Minimum notice period:
2 months
Possession can be claimed if the property was previously used as a holiday let and is needed for that purpose again.
Prior written notice must have been given to the tenant
Minimum notice period:
2 weeks
If the property was previously let to students by an educational institution, the landlord may regain possession to re-let to students.
The tenant must have been notified before signing the tenancy
Minimum notice period:
2 weeks
A religious organisation may reclaim the property if it is required to house a minister or religious worker.
Minimum notice period:
2 months
Possession may be sought if substantial redevelopment or demolition is required and cannot be carried out with the tenant living there.
Suitable alternative accommodation must usually be offered
Minimum notice period:
2 months
If a tenant dies and the tenancy is not inherited by a qualifying person, the landlord can seek possession.
Must be within 12 months of the tenant’s death
Minimum notice period:
2 months
Applies where the tenant has been convicted of serious anti-social behaviour, including:
Criminal activity in or near the property
Persistent nuisance to neighbours
Breaches of court orders such as ASBOs
Minimum notice period:
Immediate (court-approved) or 4 weeks, depending on circumstances
If a tenant fails an immigration Right to Rent check and has no lawful right to rent property in the UK.
Minimum notice period:
2 weeks
Possession can be granted if rent arrears meet the legal threshold:
At least 2 months’ unpaid rent (monthly tenancies)
At least 8 weeks’ unpaid rent (weekly tenancies)
This ground fails if arrears fall below the threshold before the hearing
Minimum notice period:
2 weeks
Discretionary grounds allow the court to decide whether eviction is reasonable based on the circumstances.
Judges may consider tenant behaviour, hardship, and the landlord’s position.
Landlords can rely on multiple discretionary grounds and may combine them with mandatory grounds.
Possession may be granted if the landlord offers suitable alternative housing.
The accommodation must be reasonable and comparable
Moving costs may need to be covered
Minimum notice period:
2 months
Applies where rent arrears exist but do not meet Ground 8 thresholds.
The court will assess payment history and affordability
Minimum notice period:
2 weeks
Used where rent is frequently paid late, even if arrears are cleared.
A clear pattern of late payment must be shown
Minimum notice period:
2 weeks
Covers breaches such as:
Unauthorised pets
Subletting without permission
Unapproved alterations
Minimum notice period:
2 weeks
Applies if the tenant has caused serious damage or failed to take reasonable care of the property.
Minimum notice period:
2 weeks
Used for serious nuisance, harassment, or illegal activity such as drug dealing.
Minimum notice period:
Immediate
Applies where a tenant or occupier has been convicted of a riot-related offence (after 13 May 2014).
Minimum notice period:
Immediate
Applies to furnished properties where damage is caused by neglect or deliberate action.
Minimum notice period:
2 weeks
Where the tenancy was granted as part of employment and the tenant no longer works for the landlord.
Minimum notice period:
2 months
If the tenancy was obtained through false statements, such as incorrect income or references.
Minimum notice period:
2 weeks
Serving a Section 8 notice correctly is essential to avoid delays or legal challenges.
Common grounds include:
Rent arrears (Grounds 8, 10, 11)
Property damage (Ground 13)
Anti-social behaviour (Ground 14)
Each ground has specific legal requirements.
The notice must include:
The eviction ground(s) relied upon
Rent arrears details (if applicable)
The correct notice period
Landlords should keep proof of service.
Rent arrears: 14 days
Anti-social behaviour: Immediate
Most other grounds: 2 months
If the tenant does not leave:
Submit a possession claim
Pay the court fee
Await a hearing date
The judge will consider:
Validity of the eviction grounds
Whether correct procedures were followed
Any defence raised by the tenant
If granted, the tenant is usually given:
14–28 days to leave
Shorter periods in serious cases
If the tenant still refuses to leave:
Apply for a warrant of possession
Court bailiffs will carry out the eviction
Landlords must never evict tenants themselves.
A notice may be challenged if:
The wrong form is used
Incorrect notice periods are given
There is insufficient evidence
The eviction is retaliatory
Deposit protection rules were not followed
Best case (tenant leaves): 2–4 weeks
Typical court case: 8–16 weeks
With bailiffs: 4–6 months or longer
Yes. Landlords may serve both notices at the same time, provided each is served correctly and independently.
At Zavri Law, our landlord and tenant solicitors provide clear, practical guidance throughout the Section 8 eviction process.
Expert legal advice
Accurate drafting and service of notices
Full court representation
Transparent, fixed-fee pricing
This content is provided for general information purposes only and does not constitute legal advice. Laws and procedures can change, and individual circumstances vary. You should seek advice from a qualified solicitor before taking or refraining from any legal action.
