What is a Section 8 Notice and how will this replace the Section 21 ?

Once the Renters’ Rights Bill has been passed, Section 8 notices will become the Sole method for Tenant Eviction.

Here’s what letting agents and Landlords need to know.

The Renters’ Rights Bill will bring major reforms by the abolishment of the "No Fault" Section 21 evictions.

This means landlords and letting agents will need to rely solely on Section 8 notices to remove tenants.

Whether it's due to the need to sell a property, or to rent arrears, Section 8 will be the key legal route for repossession.

Understanding how to use Section 8 notices effectively will be essential for landlords and letting agents. 

Here’s a guide to help you understand Section 8 notices.

• What is a Section 8 notice?
• How can Section 8 be used by letting agents?
• What grounds can be used for a Section 8 notice?
  • Mandatory Grounds
  • Discretionary Grounds
• When can't a letting agent use a Section 8 notice?
• What are the new changes to Section 8 under the Renters’ Rights Bill?

What is a Section 8 notice?

A Section 8 notice, issued under the Housing Act 1988, allows landlords or letting agents to end a tenancy early when the tenant breaches specific terms of their agreement. Common grounds for this include rent arrears or illegal activity.

Unlike Section 21, which allowed eviction without a reason, Section 8 must be based on specific legal grounds - either mandatory or discretionary.

Mandatory grounds are firm reasons for eviction, while discretionary grounds require letting agents and landlords to provide justification and proof for eviction.

How can Section 8 be used ?

Landlords or letting agents can serve a Section 8 notice by completing the "Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy" form. This form must be accurately completed, as any errors could lead to dismissal in court and potential fines.

If the tenants do not leave the property after the allotted notice period, depending on the ground provided, lettings agents and landlords will need to apply to the court for a possession order.

If a landlord or letting agent is unsure, they should seek legal advice about serving a Section 8 notice and the notice period that should be provided.

What grounds can be used for a Section 8 notice?

Under Section 8, there are 16 grounds for possession, divided into mandatory and discretionary categories. Letting agents and Landlords must provide evidence for the grounds they cite, and notice periods will vary depending on the situation.

Letting agents and Landlords can issue a Section 8 notice at any point during a tenancy unless the grounds specifically state otherwise. The ground requiring the longest notice period applies if multiple grounds are mentioned.

Mandatory grounds

Mandatory grounds are the most "'concrete' reasons for eviction" and can lead to eviction.

If a mandatory ground is proven, the court must grant possession to the landlord. The notice periods for these grounds can range from two weeks to four months.

These grounds are:

• Ground 1 (Amended) - If the landlord or a family member wishes to move into the property, this can only be done after the tenancy has exceeded 12 months.
• Ground 1A (New) - If the landlord intends to sell the property, this can only be used after the tenancy has exceeded 12 months
• Ground 2 - If the mortgage provider wishes to repossess the property
• Ground 2ZA - 2ZD (New): If the leasehold has ended and the landlord does not own the freehold
• Ground 4 - If a property was let to a student by an educational institute for a fixed term of 12 months
• Ground 4A (New) - For student landlords not affiliated with an educational institution who need the property for new student tenants before the academic year starts.
• Ground 5 - If a religious organisation owns the property and needs a minister of religion to live in
• Ground 6 - If a landlord wishes to demolish or redevelop the rented property to the extent that the tenant cannot live there
• Ground 6A (New) - If the landlord needs possession to comply with enforcement action.
• Ground 7 - If a tenant has passed away, but this cannot be used if a surviving spouse is living on the property
• Ground 7a - If the tenant has committed "serious anti-social behaviour"
• Ground 7b - If the tenant does not have a Right to Rent in the property
• Ground 8 (Amended) - ​​If the tenant is at least three months in arrears (or 13 weeks if rent is paid weekly or fortnightly).

Discretionary grounds

Discretionary grounds allow the court to decide whether eviction is justified. These are often used in cases involving minor breaches or tenant misconduct.

Discretionary grounds include:

• • Ground 9 - If a landlord has provided accommodation that is like-for-like for the current tenancy
  • Ground 10 - If the tenant is in a rent arrears but is less than ground 8
  • Ground 11 - If the tenant is constantly late in paying rent, but is not in rent arrears
  • Ground 12 - If the tenant has breached the tenancy agreement, excluding rent payments
  • Ground 13 - If the tenant has deteriorated or neglected the landlord's property
  • Ground 14 - If the tenant is a nuisance or annoyance to neighbours, or using the property for illegal or immoral activity
  • Ground 14A (New) - Social landlords can evict a domestic violence perpetrator if the victim has fled.
  • Ground 14ZA (New) - If the tenant or adult at the property has been convicted of an indictable offence during a UK riot
  • Ground 15 - If the tenant caused damage to furniture provided by the landlord
  • Ground 17 - If the tenant was given the tenancy with a "false statement"
  • Ground 18 (New) - The tenancy is for supported accommodation, and the tenant refuses to engage in support

When can't a Section 8 notice be served ?

Section 8 notices can only be used for Assured, Assured Shorthold, or Periodic tenancies. However, landlords cannot issue a Section 8 notice during a tenant's "breathing space" period for rent arrears, which became effective on 4 May 2021.

Additionally, a landlord must have a valid reason to serve a Section 8 notice. Tenants have the right to challenge a notice in court if they believe it’s unjustified.

What are the changes to Section 8 under the Renters’ Rights Bill?

The Renters’ Rights Bill, building on the 2022 white paper "A fairer private rented sector," introduces significant changes to eviction processes, including Section 8.

Key updates include the addition of Grounds 1A and 2ZA-2ZD, which introduce more specific scenarios for repossession, and the removal of Ground 3, which previously allowed landlords to repossess holiday lets.

During discussions, MPs and industry experts have called for streamlined court processes and better dispute resolution, but no concrete solutions have yet been offered.

For now, letting agents and Landlords can continue to use both Section 8 and Section 21 notices to end tenancies. However, it's crucial to keep an eye on the progress of the Renters’ Rights Bill, as these changes could significantly impact your eviction processes moving forward. Staying informed will help you navigate these shifts and keep compliant.

This article is intended as a guide only and does not constitute legal advice. For more information, visit gov.uk.