How to serve a Section 8 notice

Once the Renters’ Rights Bill passes, Section 8 notices will become the main way to evict tenants.

Here’s what you need to know.

With no-fault evictions no longer an option, letting agents and Landlords will need to familiarize themselves with how to serve a Section 8 notice, which will become the primary method for evicting tenants.

The challenge?

Section 8 notices require specific grounds for possession and must go through the courts, which are already facing significant backlogs.

As a result, not only will legal costs increase, but landlords may also face longer delays in recovering arrears from tenants.

Another reason to consider Rent protection insurances.

In this blog, we’ll guide you through everything you need to know about Section 8 notices and provide insights on how to prepare you for these upcoming changes.

What is a Section 8 notice?

A Section 8 notice, issued under the Housing Act 1988, enables landlords to terminate a tenancy early if the tenant violates certain terms of the agreement. Common reasons for issuing a Section 8 notice include rent arrears or using the property for illegal activities.

Unlike Section 21, which allowed eviction without providing a reason, a Section 8 notice must be based on specific legal grounds—either mandatory or discretionary. Mandatory grounds are clear-cut reasons for eviction, while discretionary grounds require landlords and letting agents to provide evidence and justification for the eviction.

What grounds can be used for a Section 8 notice?

Section 8 outlines 18 grounds for possession, which are categorized as either mandatory or discretionary. Letting agents acting on behalf of landlords must provide supporting evidence for the grounds they use, and notice periods will vary based on the specific circumstances.

A Section 8 notice can be issued at any time during the tenancy, unless a particular ground specifies otherwise. If multiple grounds are listed, the one with the longest notice period will apply.

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 9 - If a landlord has provided accommodation that is like-for-like for the current tenancy
• Ground 10 - If the tenant is in 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

How can you best prepare for the changes to eviction notices?

There are several key steps to future-proof a tenancy and we will be adjusting our Lettings packages when the Laws change.

Investing in robust referencing

One of the most effective ways to prepare for the increased use of Section 8 is by placing respectful and reliable tenants in their landlords' properties. This proactive approach can help avoid the need to serve Section 8 notices altogether.

Our top referencing package will include:

• Credit checks
• Instant identity document authentication
• Right to rent documentation collection
• Residential checks
• Income checks, including Open Banking, HMRC, and payroll providers

This gives you the best possible chance of avoiding the courts. 

Investing in rent protection and legal cover

Before the Renters’ Rights Bill becomes law in 2025, we’re likely to see an increase in the amount of landlords serving Section 21 notices. In turn, this is likely to result in a rise in property dilapidation and the number of tenants who end up in arrears.

After the Renters’ Rights Bill becomes law, legal costs for landlords will significantly increase, while backed-up courts will also result in longer periods with tenants in arrears.

Both of these factors make it essential to make contingency plans.

Our Rent Protection and Legal Expenses Insurance gives landlords peace of mind, covering tenants’ rent (up to £100K) while they’re in arrears and the legal costs involved in the eviction process. We'll also mediate between tenants and landlords to prevent court proceedings from happening in the first place. 

If you would like to know more about this insurance please get in touch we will be happy to help.