Section 8 explained: a guide to grounds for possession under the Renters' Rights Act
Posted April 9th 2026
For landlords in England, Section 8 will become the the primary legal route to regain possession of a property when a tenant has breached the terms of their tenancy from 1 May. Unlike the current Section 21, which allows possession without a specific reason, Section 8 relies on specific legal grounds set out in legislation.
Understanding how Section 8 works, when it can be used, and what evidence is required is essential for landlords navigating the eviction process.
What is a Section 8 notice?
A Section 8 notice is a legal notice served by a landlord to begin possession proceedings when a tenant has breached their tenancy agreement.
It is set out in the Housing Act 1988 and allows landlords to seek possession of a property using one or more specified grounds for possession”
The notice must clearly state which grounds are being relied upon and provide the required notice period before court action can begin.
When can a Section 8 notice be used?
Section 8 can only be used when a landlord has a valid legal reason for seeking possession. These reasons are defined as statutory grounds and cover a range of situations where the tenant has failed to meet their obligations. Common reasons for use of Section 8 include rent arrears, damage to the property, or anti-social behaviour.
What are the grounds for possession?
The Housing Act 1988 sets out a number of grounds that landlords can rely on. These are broadly divided into mandatory grounds and discretionary grounds.
Mandatory grounds require the court to grant possession if the landlord can prove the ground. A key example is serious rent arrears. Discretionary grounds, on the other hand, allow the court to decide whether it is reasonable to grant possession based on the circumstances.
How much notice must be given?
The notice period for a Section 8 notice depends on the ground being used. Some grounds require as little as two weeks’ notice, while others may require longer. Refer to government published information
In line with government guidance landlords must give the correct notice period for each ground before applying to the court for possession.
Serving the wrong notice period can invalidate the notice and delay proceedings.
What happens after the notice is served?
If the tenant does not leave by the end of the notice period, the landlord can apply to the court for a possession order.
The court will review the evidence, including the grounds cited and any supporting documentation. For mandatory grounds, possession must be granted if the criteria are met. For discretionary grounds, the court will consider whether it is reasonable to evict the tenant.
If a possession order is granted and the tenant still does not leave, landlords may need to apply for a warrant for eviction.
How is Section 8 different from Section 21?
Section 8 requires a landlord to provide a legal reason and, in most cases, evidence to support the claim. Section 21, by contrast, has traditionally allowed landlords to regain possession without giving a reason, provided the correct process is followed. Landlords will not be able to resort to Section 21 after 1 May 2026 and Section 8 will become the main route for property re-possession.
What should landlords consider before using Section 8?
Using Section 8 requires careful preparation. Landlords should ensure that they have clear evidence to support their chosen grounds, that the correct notice period is applied, and that all documentation is completed accurately.
Errors in the process can lead to delays or dismissal of the claim. Following official guidance and seeking professional advice where necessary can help ensure the process runs smoothly.
A more evidence-based route to possession
Section 8 provides landlords with a structured, legally defined route to regain possession where tenants have not met their obligations. While it can be more complex than other routes, it offers a clear framework based on evidence and statutory grounds.
For landlords, understanding how Section 8 works—and preparing thoroughly before taking action—will be key to achieving a successful outcome.
