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Section 8 Notice Procedure

The essential route to possession now that Section 21 has been abolished

Section 8 is the route to possession now that Section 21 has been abolished. Notices prepared, served and proved correctly.

A Section 8 notice is the notice a landlord serves to regain possession of an assured tenancy by relying on one or more legal grounds for possession. Since Section 21 was abolished on 1 May 2026 under the Renters' Rights Act 2025, Section 8 is the route to possession in England, and the notice has to be right the first time.

The grounds are divided between mandatory grounds, where the court must grant possession if the ground is proved, and discretionary grounds, where the court decides whether it is reasonable to make an order. They cover rent arrears, persistent late payment, breach of the tenancy, antisocial behaviour, landlord occupation and sale of the property, among others. The notice must state the grounds relied upon, set out the particulars, and give the tenant the correct notice period before a claim can be issued.

We identify the grounds with you, prepare the notice and serve it at the address, producing witnessed and dated proof of service that stands up if the case is challenged. Where the court grants a possession order we enforce it, transferring the order up to the High Court for a writ of possession where that is the quickest route to getting the property back.

An incorrect notice does not simply fail, it costs months. The ground, the wording, the notice period and the supporting evidence all have to be considered before anything is served.

What you get

  • Grounds identified and particulars set out before the notice is served
  • Notices prepared, dated and served correctly under the Renters' Rights Act
  • Witnessed, dated proof of service for every notice
  • Attendance at the property to serve on the tenant in person
  • Possession orders enforced, including transfer up to the High Court
  • Free case review before you commit to anything

Instruct us on this service

Section 8 Notice Procedure

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Section 8 notices under the Renters’ Rights Act

A Section 8 notice is the legal mechanism a landlord uses to regain possession of an assured tenancy by relying on one or more grounds for possession. Since Section 21 was abolished on 1 May 2026 under the Renters’ Rights Act 2025, Section 8 is the only route to possession for landlords in England.

The notice must state the grounds relied upon, explain why each ground applies, and give the tenant the correct notice period before a claim can be issued. Getting it right from the start matters more than ever — an incorrect notice does not simply fail, it costs months and legal fees.

Grounds for possession under Section 8

Grounds are split between mandatory and discretionary. Where a mandatory ground is proved, the court must grant possession. Where the ground is discretionary, the court considers whether it is reasonable to make a possession order on the evidence.

Identifying the correct ground before serving notice is critical. Relying on the wrong ground, or failing to evidence it properly, can lead to the claim being dismissed — costing time, money and prolonging the situation.

Why correct Section 8 procedure matters

The prescribed form, the notice period, the wording of the grounds and the supporting particulars all have to be correct before a notice is served. The Renters’ Rights Act also changed several notice periods and thresholds, so a notice that would have been valid before May 2026 may no longer comply.

We handle the process end to end: identifying the grounds, drafting and serving the notice, producing a witnessed and dated record of service, and enforcing the possession order — including transfer up to the High Court for a writ of possession where that is the quickest route.

Grounds that can be relied upon

A Section 8 notice must rely on one or more legal grounds for possession. The grounds below give a general overview of those available to landlords in England under the updated possession rules. Whether a ground applies to your case — and how it has to be evidenced — depends on the facts.

Mandatory grounds for possession

Ground 1 — Landlord or family member moving in
Used where the landlord, or a close family member of the landlord, intends to occupy the property as their only or principal home.
Ground 1A — Landlord selling the property
Used where the landlord genuinely intends to sell the property. The legal requirements for relying on the ground must be met.
Ground 1B — Rent to Buy property sale
Applies to Rent to Buy properties where the landlord intends to sell, usually a private registered provider.
Ground 2 — Mortgage lender repossession
Used where the property is subject to a mortgage and the lender is entitled to exercise a power of sale.
Ground 2ZA — Superior lease ending within 12 months
Applies where the landlord’s own superior lease is due to end within 12 months, so the right to occupy or let is ending.
Ground 2ZB — Fixed-term superior lease ending or ended
Applies where the landlord’s superior lease was granted for a fixed term that is due to end, or has already ended.
Ground 2ZC — Possession by superior landlord
Applies where a superior landlord requires possession once the intermediate landlord’s lease has come to an end.
Ground 2ZD — Superior landlord after fixed-term lease
Applies where a fixed-term superior lease has ended and the superior landlord seeks possession under the statutory requirements.
Ground 4 — Student accommodation
Used where the property is let as student accommodation and possession is needed so it can continue to be used for students.
Ground 4A — Student house in multiple occupation
Applies where the property is a student HMO and possession is required so it can be let to a new group of students.
Ground 5 — Property needed for a minister of religion
Used where the property is required for occupation by a minister of religion.
Ground 5A — Property needed for an agricultural worker
Used where the property is required to house an agricultural worker who is, or will be, employed in agricultural work.
Ground 5B — Employment-related housing
Applies to certain employment-related housing where the property is required for someone who meets specific employment criteria.
Ground 5C — Employment with the landlord has ended
Used where the tenant occupied the property because of their employment with the landlord and that employment has now ended.
Ground 5D — Employment criteria no longer met
Applies where the tenant was required to meet employment-related criteria to occupy the property and those criteria are no longer met.
Ground 5E — Supported accommodation required again
Applies where the property is supported accommodation and possession is needed so it can be made available to another person who needs support.
Ground 5F — Supported accommodation no longer suitable
Used where supported accommodation is no longer suitable for the tenant, or the support arrangements or funding have come to an end.
Ground 5G — Temporary accommodation no longer required
Applies where the property was provided as temporary accommodation in connection with homelessness duties and is no longer required for that purpose.
Ground 5H — Stepping stone accommodation
Applies where the property was provided as stepping stone accommodation and the tenant no longer meets the required criteria.
Ground 6 — Redevelopment or demolition
Used where the landlord intends to demolish, redevelop or carry out substantial works that cannot reasonably be carried out while the tenant remains in occupation.
Ground 6A — Decant accommodation
Applies to relevant social landlords where the property was used as decant accommodation while works were carried out elsewhere.
Ground 6B — Compliance with enforcement action
Used where possession is required so the landlord can comply with enforcement action or legal requirements affecting the property.
Ground 7 — Death of the tenant
Applies where the original tenant has died and the person occupying the property does not have the legal right to succeed to the tenancy.
Ground 7A — Serious anti-social behaviour or criminal behaviour
Used where there has been serious anti-social behaviour, criminal behaviour or other serious conduct connected with the tenant, household or visitors. The legal test must be evidenced.
Ground 7B — No right to rent
Used where the tenant does not have the right to rent in the UK. The correct process and the required evidence must be relied upon.
Ground 8 — Serious rent arrears
Used where the tenant has serious rent arrears. The amount owed, the rent frequency and the position both at notice and at the hearing all have to be checked.

Discretionary grounds for possession

Ground 9 — Suitable alternative accommodation
Used where suitable alternative accommodation is available for the tenant. The court considers whether it is reasonable and suitable in the circumstances.
Ground 10 — Rent arrears
Used where the tenant is in rent arrears, even where the arrears do not meet the threshold for serious rent arrears under Ground 8. The court decides whether an order is reasonable.
Ground 11 — Persistent late payment of rent
Used where the tenant has persistently delayed paying rent, even where there are no significant arrears at the time of the hearing. Evidence of repeated late payment is important.
Ground 12 — Breach of tenancy agreement
Used where the tenant has breached one or more terms of the tenancy other than rent — for example pets, subletting, use of the property or damage.
Ground 13 — Deterioration of the property
Used where the condition of the property has deteriorated because of the tenant, another occupier, or someone the tenant has allowed into the property.
Ground 14 — Anti-social behaviour
Used where the tenant, someone living with them or a visitor has caused nuisance or annoyance, or has used the property for illegal or immoral purposes.
Ground 14A — Domestic abuse
Generally available to social landlords where one partner has left the property because of violence or threats and the landlord seeks possession.
Ground 14ZA — Rioting offence
Used where the tenant, or an adult living in the property, has been convicted of a rioting offence.
Ground 15 — Deterioration of furniture
Used where furniture provided by the landlord has deteriorated because of the tenant, another occupier, or someone the tenant has allowed into the property.
Ground 17 — False statement
Used where the tenant, or someone acting on their behalf, made a false statement which caused the landlord to grant the tenancy.
Ground 18 — Failure to co-operate with support
Applies to supported accommodation where the tenant has failed to co-operate with the support provided, affecting the landlord’s ability to manage the accommodation.

Need help serving a Section 8 notice?

Send us the tenancy agreement, the rent record and the background, and we will confirm the grounds that apply and the correct procedure for your situation — free of charge and with no obligation.

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