Section 8 Notice: Grounds & Notice Periods (2026)
Since Section 21 was abolished in England on 1 May 2026, a Section 8 notice under the Housing Act 1988 (as reformed by the Renters' Rights Act 2025) is the only route a private landlord has to end a tenancy, and it must cite a specific legal ground.
Information last verified on 18 July 2026. This page covers England only; Wales, Scotland and Northern Ireland use different eviction systems. This is general legal information, not legal advice.
What is a Section 8 notice?
A Section 8 notice is the formal notice a private landlord in England must serve under section 8 of the Housing Act 1988 before applying to court to end a tenancy. It must set out at least one ground for possession from Schedule 2 of the Act, as reformed by the Renters' Rights Act 2025, and give the tenant the minimum notice period that ground requires. Before 1 May 2026, landlords could instead use a no-reason Section 21 notice, but that route no longer exists for private tenancies. A Section 8 notice is a step in the eviction process, not the eviction itself: serving it correctly is what allows a landlord to go on to ask the County Court for a possession order if the tenant does not leave.
Mandatory and discretionary grounds
Section 8 grounds fall into two groups. Mandatory grounds (including Grounds 1, 1A and 8) mean the court must order possession once the landlord proves the ground applies, with no discretion to let the tenant stay. Discretionary grounds mean the court decides whether it is reasonable to evict, weighing the tenant's circumstances, so proving the ground is not enough on its own. A landlord can cite more than one ground on the same notice, for example a mandatory arrears ground alongside a discretionary one, in case the mandatory threshold is not met by the court hearing. Which type of ground applies changes how strong a tenant's defence can be, so it is worth checking the notice carefully.
Key grounds and notice periods
The table below sets out the grounds most commonly used since the Renters' Rights Act reforms. It is not the full list; a landlord may rely on other Schedule 2 grounds, and the exact wording and notice period for each should always be checked against the notice itself and the official guidance below.
| Ground | Type | What it covers | Notice period |
|---|---|---|---|
| Ground 1 | Mandatory | Landlord, their partner, or a close family member (such as a parent, grandparent, sibling, child or grandchild of the landlord or their partner) wants to move into the property as their only or main home | At least 4 months; cannot be used in the tenancy's first 12 months |
| Ground 1A | Mandatory | Landlord intends to sell the property | At least 4 months; cannot be used in the tenancy's first 12 months |
| Ground 8 | Mandatory | Tenant owes at least 3 months' rent (13 weeks for a weekly tenancy), both when the notice is served and at the court hearing | At least 4 weeks |
| Anti-social behaviour and nuisance grounds | Mandatory or discretionary, depending on the specific ground used | Serious anti-social behaviour, nuisance, or criminal conduct connected with the property | Varies by ground; can be considerably shorter than for the grounds above, so check the notice and the gov.uk guidance for the specific ground cited |
Ground 1 and Ground 1A: landlord moving in or selling
Ground 1 lets a landlord, their partner, or a close family member such as a parent, grandparent, sibling, child or grandchild recover the property to live in as their only or main home. Ground 1A, introduced alongside the Renters' Rights Act reforms, lets a landlord recover the property because they intend to sell it. Both are mandatory grounds, so the court must grant possession once the ground is proved, and both require at least 4 months' notice. Crucially, neither ground can be used during the tenancy's first 12 months, a protected period intended to give tenants a minimum period of stability at the start of a tenancy. A notice served citing Ground 1 or 1A before that 12-month period has elapsed is not valid.
Ground 8: serious rent arrears
Ground 8 is the main mandatory ground for rent arrears. Since 1 May 2026, the threshold is at least 3 months' unpaid rent for a monthly tenancy (13 weeks for a weekly tenancy), an increase from the previous 2-month threshold, and the notice period is at least 4 weeks, up from 2 weeks. The arrears must still meet that threshold both on the day the notice is served and at the court hearing; if a tenant reduces the arrears below 3 months before the hearing, the mandatory ground can fail. Arrears caused by a delay in Universal Credit or another benefit payment do not count towards the Ground 8 threshold. A landlord with lower arrears may instead rely on a discretionary arrears ground, where the court weighs the tenant's circumstances rather than being required to order possession.
Anti-social behaviour and nuisance grounds
The Renters' Rights Act 2025 strengthened the grounds a landlord can use where a tenant, or someone visiting or living with them, is responsible for anti-social behaviour, nuisance, or criminal conduct connected with the property. Some of these grounds are mandatory and some are discretionary, and the notice period that applies depends on exactly which ground is cited; it is not always the 4 months that applies to Grounds 1 and 1A. Because this area covers serious situations and the precise wording and timescales can change with each reform stage, always check the specific ground named on your notice against the current gov.uk "Grounds for possession" guidance, or get advice from Shelter or Citizens Advice, rather than assuming a standard notice period.
What happens if you do not leave
Serving a valid Section 8 notice does not itself end a tenancy. If the tenant does not leave by the date given, the landlord must apply to the County Court for a possession order. For a mandatory ground that is proved, such as Ground 1, 1A or 8, the court must grant possession; for a discretionary ground, the court holds a hearing and decides whether eviction is reasonable in the circumstances. If the court grants possession and the tenant still does not leave, the landlord must apply separately for a warrant of possession before court bailiffs can enforce the eviction. Each stage takes time, so the process from notice to a tenant actually having to leave commonly takes several months, even where the ground is straightforward.
Section 8 outside England
A Section 8 notice is an England-only mechanism under the Housing Act 1988, so it does not apply anywhere else in the UK. In Wales, a landlord instead uses grounds under the Renting Homes (Wales) Act 2016, alongside a Section 173 no-fault notice that still exists there; see eviction in Wales. Scotland has no Section 8 equivalent at all: a landlord must apply to the First-tier Tribunal for Scotland using one of the (now entirely discretionary) eviction grounds, and the Tribunal decides whether eviction is reasonable; see eviction in Scotland. Northern Ireland uses a Notice to Quit with statutory notice periods set by how long the tenant has rented the property; see eviction in Northern Ireland. Do not assume a notice period or ground from one nation carries over to another.
Frequently asked questions
This page is general legal information about Section 8 notices in England, verified on 18 July 2026. It is not legal advice, and how a specific ground applies to your tenancy depends on your circumstances. For advice, contact Shelter, Citizens Advice, or a solicitor. For the wider picture, see the UK tenant rights hub, the Renters' Rights Act 2025 explainer, what replaced the Section 21 notice, the full eviction process in England, and the United Kingdom law hub.
Frequently Asked Questions
What is a Section 8 notice?
It is the formal notice a private landlord in England must serve under the Housing Act 1988 before applying to court for possession. It must cite at least one legal ground from Schedule 2 of the Act and give the minimum notice period that ground requires.
What is the difference between a mandatory and a discretionary ground?
For a mandatory ground, the court must order possession once the landlord proves the ground applies. For a discretionary ground, the court decides whether it is reasonable to evict, taking the tenant's circumstances into account, so proving the ground is not enough on its own.
How much notice does Ground 8 require?
At least 4 weeks, since the Renters' Rights Act 2025 raised it from 2 weeks. The tenant must owe at least 3 months' rent (13 weeks for a weekly tenancy) both when the notice is served and at the court hearing for the mandatory ground to succeed.
Can my landlord use Ground 1 or Ground 1A in my first year of renting?
No. Both grounds have a 12-month protected period from the start of the tenancy during which they cannot be used, on top of the 4 months' notice the landlord must give once that period has passed.
Can a landlord evict me immediately for anti-social behaviour?
It depends on the specific ground used; some anti-social behaviour grounds are mandatory and some are discretionary, with different notice periods. Check the exact ground named on your notice against the current gov.uk guidance, or get advice from Shelter or Citizens Advice.
What happens after my Section 8 notice period ends?
The notice does not evict you by itself. If you have not left, the landlord must apply to the County Court for a possession order, and if you still do not leave after that, apply again for a warrant so bailiffs can enforce it. The whole process usually takes several months.
Does a Section 8 notice apply in Scotland, Wales or Northern Ireland?
No. It is an England-only mechanism. Wales uses grounds under the Renting Homes (Wales) Act 2016 and a separate Section 173 no-fault notice, Scotland has no Section 8 equivalent and uses the First-tier Tribunal instead, and Northern Ireland uses a Notice to Quit with its own notice periods.
Can I challenge a Section 8 notice?
You may be able to, particularly for a discretionary ground, or if the notice is not correctly completed or served, or the arrears figure for Ground 8 is wrong or falls below the threshold by the hearing. Get advice from Shelter or Citizens Advice before your hearing date.
Updates
Renters' Rights Act 2025 commenced: Section 21 abolished for private tenants, Ground 1 and Ground 1A introduced with a 4-month notice period and 12-month protected period, and Ground 8's arrears threshold raised to 3 months with a 4-week notice period.
Sources and References
- Renters' Rights Act 2025(legislation.gov.uk).gov
- Housing Act 1988, Schedule 2 (grounds for possession)(legislation.gov.uk).gov
- GOV.UK: Grounds for possession, guidance for landlords and letting agents(gov.uk).gov
- GOV.UK: Guide to the Renters' Rights Act(gov.uk).gov
- Shelter England: What is a section 8 notice?(england.shelter.org.uk)
- Citizens Advice: If you get a 'section 8' eviction notice(citizensadvice.org.uk)