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

If your landlord has served you with a Section 8 notice, 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 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 in Schedule 2 of the Housing Act 1988. Since the Renters' Rights Act 2025 abolished Section 21 no-fault evictions, Section 8 is the route landlords use.

Common grounds include:

• Ground 8: serious rent arrears. Under the Renters' Rights Act rules, that means at least 3 months' rent owed (or 13 weeks for weekly tenancies), both when the notice is served and at the court hearing. This ground is mandatory: the court must grant possession if it is proved. Older cases begun before the Act may still run under the old 2-month threshold.
• Grounds 10 and 11: some rent arrears, or persistent late payment. These are discretionary: the court decides whether possession is reasonable.
• Ground 14: causing a nuisance or antisocial behaviour
• Ground 17: the tenancy was granted because of a false statement

The notice must say which ground or grounds the landlord relies on, and must give you the correct notice period. The period varies by ground. Under the current rules it is 4 weeks for serious rent arrears, and longer for most other grounds. Check the notice you have received against current guidance.

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.

Do not leave your home just because you received a Section 8 notice, without getting advice first. Leaving could mean the council treats you as intentionally homeless, 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 relied on. The notice may not use the right form, may give the wrong notice period, or may contain serious errors. If so, it may not be valid, and the landlord would have to start again.

2. Get advice quickly

Get housing advice as soon as possible. A housing adviser or solicitor can check whether the notice is valid, tell you whether the landlord is likely to succeed in court, and help you prepare a defence if the case reaches a hearing.

3. If the arrears are the reason

If rent arrears are behind the notice, you should:

• Work out exactly what you owe and whether the amount claimed is right
• Check whether you are entitled to housing benefit or Universal Credit housing costs, and whether a claim has been made
• Ask your local council about a discretionary housing payment if you are struggling to pay
• Try to pay off the arrears or bring them below the mandatory threshold. If you do, 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 does not grant possession automatically just because the landlord asked, particularly on discretionary grounds. If you do not attend, the judge only hears 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. Even then, if you clear the arrears before the hearing, the judge may adjourn the case or suspend the order.

On discretionary grounds, the court weighs whether possession is reasonable. A judge can take your circumstances into account. For example: how long you have lived there, whether you have children, whether you are now making payments, and what you have done to address the problem.

Can I stay after a possession order is made?

A possession order usually gives you a date to leave by. The order may be suspended, meaning it only bites if you break its conditions, such as paying off the arrears at a set rate. Then you can stay 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?

You may be facing eviction while your home has damp, disrepair, or a landlord who has not kept it 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, whatever the reason 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