Section 8 Notice & It’s Purpose

Before the introduction of the assured tenancy regime, most private residential tenancies were governed by Rent Act 1977.

Under that framework, tenants enjoyed security of tenure, meaning that landlords could only regain possession on a limited number of statutory grounds.

The courts exercised discretion and, in many cases, possession would only be granted if it was considered reasonable to do so.

As a consequence, the Rent Act system was widely regarded as offering tenants a very high level of protection, but it also significantly restricted landlords’ ability to recover possession of their properties.

The modern possession framework was introduced by the Housing Act 1988, which created two new types of tenancy : -

• Assured Tenancies

• Assured Shorthold Tenancies

Section 8 of the Act established a list of Statutory grounds for possession. These grounds include circumstances such as: -

• Rent arrears

• Breach of tenancy obligations

• Anti - Social Behaviour

• Damage to the property

• The landlord requiring the property for their own occupation

The Act also distinguished between Mandatory and Discretionary grounds.
The Mandatory grounds 1 to 8 require the court to grant possession.

The Discretionary grounds 9 to17 require the court’s discretion as to whether possession will be granted or not.

The 1996 Act confirmed the assured shorthold tenancy as the default form of tenancy in the private rented and refined some of the grounds under Section 8.

The Renters’ Rights Act 2025

The Renters' Rights Act 2025 introduces a significant reform of how landlords will obtain possession.

With the abolition of Section 21 possession, meaning landlords will no longer be able to gain possession without relying on a statutory ground.

As a result, Section 8 becomes the primary legal route for landlords seeking possession. The Act introduces several amendments to the grounds including :-

• the creation of new grounds

• adjustments to notice periods and procedural requirements

• restrictions to the time-frames within which grounds can be served

Service of the Section 8 Notice

The notice identifies the specific reasons / grounds relied upon and provides the tenant with the required statutory notice period before court proceedings for possession may be commenced.

If the tenant does not remedy the breach or vacate the property within that period, the landlord may apply to the county court for a possession order. Importantly, serving a Section 8 notice does not itself terminate the tenancy. The tenancy continues unless and until the tenant leaves voluntarily or the court grants a possession order.

Evidence of compliance and ground validity essential for court success.

Before issuing notice :-

It is important for landlords to be well informed when serving a Section 8 notice and before doing so, obtain good legal advice. The following practical points apply:-

1. Record all evidence chronologically from the point the breach became apparent and refer to the tenancy agreement.

2. Formalise the breach in writing to the tenant, guarantor and insurers

3. If the tenant fails to remedy the breach, depending on the Ground being relied, serve a Section 8 Notice.

4. Once the Section 8 notice has expired, depending on the notice period – Immediate, 2 weeks, 4 weeks, 4 months – the landlord can start a claim for possession.

5. The landlord should instruct a legal firm to issue court papers on their behalf.

6. All possession claims under Section 8 will result in a hearing. The landlord can attend the hearing alone, with their legal representative or the legal representative can attend alone on the landlord’s behalf.

7. The court will grant possession if the landlord has relied on Mandatory grounds and may grant possession if the landlord has relied on Discretionary grounds.