Section 8 notice: how to respond if your landlord wants to evict you

If your landlord has served you with a Section 8 notice, it means they are starting the process of going to court to end your tenancy. Receiving one can feel very alarming, but it does not mean you have to leave straight away. We cover what a Section 8 notice is, what your options are, and where to get help.

What is a Section 8 notice?

A Section 8 notice is a formal notice that a landlord must serve on an assured or assured shorthold tenant before applying to court for possession. The landlord must rely on one or more of the legal grounds for eviction set out in Schedule 2 of the Housing Act 1988.

Common grounds include:

• Ground 8: at least two months' rent arrears both when the notice is served and at the date of the court hearing, this is mandatory, meaning the court must grant possession if it is proved
• Grounds 10 and 11: some rent arrears or persistent late payment, these are discretionary, meaning the court can decide whether it is reasonable to grant possession
• Ground 14: causing a nuisance or antisocial behaviour
• Ground 17: the tenant was given a tenancy based on a false statement

The notice must tell you which ground or grounds the landlord is relying on, and must give you the correct notice period. The notice period varies depending on the ground, it can be as short as two weeks for serious rent arrears.

Does a Section 8 notice mean I have to leave?

No. A Section 8 notice does not end your tenancy and does not require you to leave. It is only the first step. If you do not leave, your landlord must apply to court for a possession order. You will then have the chance to attend a court hearing and put your case to a judge.

You should not leave your home just because you have received a Section 8 notice without first getting advice. Leaving could mean you are treated as intentionally homeless by the council, which would affect your right to rehousing.

What to do when you receive a Section 8 notice

1. Check the notice is valid

A Section 8 notice must be on the correct form (Form 3) and must state the grounds being relied on. If the notice does not use the right form, does not give the correct notice period, or contains significant errors, it may not be valid, which means the landlord would have to start again.

2. Get advice quickly

You should get housing advice as soon as possible. A housing adviser or solicitor can check whether the notice is valid, advise you on whether the landlord is likely to succeed in court, and help you prepare a defence if the case goes to a hearing.

3. If the arrears are the reason

If rent arrears are the reason for the notice, you should:

• Calculate exactly what you owe and whether the amount claimed is correct
• Check whether you are entitled to housing benefit or universal credit housing costs, and whether a claim has been made
• Contact your local council about a discretionary housing payment if you are struggling to pay
• If you can pay off the arrears or reduce them below the threshold for mandatory possession, the judge has discretion not to award possession on some grounds

4. Attend the court hearing

If your landlord goes to court, you have the right to attend the hearing and give your side. The court will not automatically grant possession just because the landlord has asked for it, particularly on discretionary grounds. If you do not attend, the judge will only hear one side.

Can the court refuse to grant possession?

On mandatory grounds (such as Ground 8), the court must make a possession order if the ground is proved. But even then, if you can clear the arrears before the hearing, the judge may adjourn the case or suspend the order.

On discretionary grounds, the court will consider whether it is reasonable to grant possession. A judge can take into account your circumstances, for example, how long you have lived there, whether you have children, whether you are now making payments, and what efforts you have made to address the problem.

Can I stay after a possession order is made?

A possession order usually gives you a date by which you must leave. If the order is suspended, meaning it only takes effect if you fail to comply with conditions, such as paying off the arrears at a set rate, you can remain in your home as long as you keep to those conditions.

If you do not leave by the date in the order, your landlord must apply to court for a warrant of possession before bailiffs can remove you.

When should I contact Support for Tenants?

If you are facing eviction because of problems with your home, damp, disrepair, or a landlord who has not kept the property in good repair, we may be able to help you bring a claim for compensation. A disrepair claim does not stop an eviction, but it is a separate legal right you may have regardless of why the tenancy is ending.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Section 8, Housing Act 1988 (legislation.gov.uk)
• Schedule 2, Housing Act 1988 (grounds for possession) (legislation.gov.uk)

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• Free housing legal advice in England, where to get it