Short answer
A Section 8 notice is the first formal step a landlord takes to seek possession through the courts. Receiving one does not mean you have to leave — the landlord must still get a court order. The notice must specify which legal grounds apply and give you the correct notice period.
Section 21 "no fault" notices have been abolished for new tenancies under the Renters' Rights Act 2026. Section 8 is now the only route to possession, and the grounds and notice periods have changed.
1 The rule
Section 8 of the Housing Act 1988 allows a landlord to seek possession of an assured tenancy by serving a notice and then applying to court. The landlord must rely on one or more of the grounds set out in Schedule 2 of the Act.
"The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless the landlord has served… a notice in the prescribed form."Read the official text
The grounds are either mandatory (the court must grant possession if proved) or discretionary (the court weighs up whether it is reasonable). Rent arrears grounds include both types.
2 What you can do now
- Check the notice is valid
The notice must be on the prescribed form, state the grounds relied on, and give the correct notice period for those grounds. A notice with the wrong form, missing grounds, or insufficient notice period is invalid and proceedings cannot lawfully follow from it.
- Identify which grounds are being used
Read the grounds section carefully. Ground 8 (mandatory rent arrears — two months' arrears both at notice and at hearing) requires 14 days' notice. Grounds 10 and 11 (discretionary arrears) require two months' notice. Other grounds vary.
- Act on any arrears immediately
For Ground 8, if you clear the arrears before the hearing the court cannot make a possession order on that ground. Even partial payment reduces the landlord's options. Contact your local housing authority or Citizens Advice urgently if you cannot pay.
- Respond to any court claim
If the landlord issues a possession claim in court (Form N5), you will receive the papers. You must file a defence (Form N11) within 14 days. Do not ignore court papers — failing to respond means judgment is likely to be made against you.
- Attend the hearing
Attend the hearing and bring evidence: proof of any payments, your tenancy agreement, and any communications with the landlord. If you need help, Shelter or your local Citizens Advice bureau can often provide court duty advisers.
3 When this does not apply
- Your tenancy is not an assured tenancy — the Housing Act 1988 does not apply to all tenancies (e.g. some licences, company lets, or very high-rent properties).
- The property is in Wales — Welsh tenancy law has diverged since the Renting Homes (Wales) Act 2016.
- The notice was served before the Renters' Rights Act commencement date — transitional provisions may apply different notice periods.
4 Common questions
Can I be evicted immediately after receiving a Section 8 notice?
No. The notice starts a process — it does not end your tenancy. After the notice period expires the landlord must apply to court for a possession order, then apply for a warrant of possession if you do not leave. Only a court-appointed bailiff can physically remove you. The whole process typically takes several months. If anyone tries to remove you or change the locks without a court order, this is an illegal eviction under the Protection from Eviction Act 1977.
What is the difference between Ground 8, Ground 10, and Ground 11?
All three relate to rent arrears. Ground 8 is mandatory — if the landlord proves two months' arrears existed both at the date of the notice and at the date of the hearing, the court must grant possession. Grounds 10 and 11 are discretionary — some arrears exist or rent has been persistently late, but the court weighs up whether it is reasonable to grant possession. Clearing arrears before the hearing removes Ground 8 but may not remove Grounds 10 and 11.
What help is available if I cannot afford the rent?
Contact your local council housing department immediately — they have a duty to provide housing advice and may be able to prevent homelessness. You may be entitled to Local Housing Allowance (LHA) or Discretionary Housing Payments. Shelter's national helpline (0808 800 4444) provides free emergency housing advice. If you are on Universal Credit, check whether you can apply for an advance payment or a Budgeting Loan through GOV.UK.
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