What is a Section 8 eviction notice?
A Section 8 notice is a legal document that allows landlords to evict tenants for breaching their
tenancy agreement under the Housing Act 1988.
If your tenant has fallen behind on rent payments, caused property damage, or engaged in
antisocial behaviour, you can apply to court for possession using a Section 8 notice. This
powerful legal tool applies when the tenant is at fault and covers 17 specific statutory grounds
for possession, ranging from rent arrears to serious criminal activity. Unlike Section 21
'no-fault' evictions, Section 8 can be served during the fixed term of a tenancy when
there's a breach.
When to Use Section 8:
Serve a Section 8 notice immediately when tenants breach any terms of their tenancy agreement, as
timing is crucial for legal protection.
- Rent arrears - Don't wait beyond 8 weeks for mandatory grounds
- Property damage - Document and act quickly to prevent further deterioration
- Antisocial behaviour complaints - Multiple neighbour reports
- Unauthorized subletting - Breach of exclusive possession
- Criminal convictions - Related to the property or tenancy
What are the 17 grounds for eviction under
Section 8?
These are legal reasons grouped into mandatory and discretionary grounds that determine how
quickly you can regain possession.
Each ground has specific criteria and implications for your eviction case. Landlords
can cite multiple grounds for a stronger legal position, particularly combining
mandatory grounds (where the court must grant possession) with discretionary grounds (where
the court has flexibility). Understanding which grounds apply to your situation is crucial
for successful Section 8 eviction proceedings in England and Wales.
Key Strategic Points:
- Mandatory grounds give you automatic right to possession if proven
- Discretionary grounds require the court to consider reasonableness
- Most rent arrears cases use Grounds 8, 10, and 11 together
- Antisocial behaviour cases often combine Grounds 14 and 14A
Mandatory Grounds
Court MUST
grant possession
| Ground |
Legal Basis |
| Ground 1 |
Landlord requires property as only/principal home |
| Ground 2 |
Mortgage lender seeking possession |
| Ground 5 |
Property let to minister of religion |
| Ground 6 |
Landlord intends demolition/reconstruction |
| Ground 7A |
Serious antisocial/criminal behaviour |
| Ground 7B |
Tenant has no right to remain in UK |
| Ground 8 |
Rent arrears: 8+ weeks |
| Ground |
Legal Basis |
| Ground 9 |
Suitable alternative accommodation available |
| Ground 10 |
Some rent arrears (any amount) |
| Ground 11 |
Persistent rent delays |
| Ground 12 |
Breach of tenancy obligations |
| Ground 13 |
Deterioration of dwelling/furniture |
| Ground 14 |
Nuisance/antisocial behaviour |
| Ground 14A |
Domestic violence conviction |
| Ground 15 |
Deterioration by subtenant |
| Ground 16 |
Former employee accommodation |
| Ground 17 |
Tenancy induced by false statement |
Can I use more than one ground in my Section 8
claim?
Yes – citing multiple grounds significantly strengthens your eviction case and provides
legal backup if one ground fails.
Using multiple Section 8 grounds is a strategic advantage that experienced
landlord solicitors always recommend. For example, rent arrears cases commonly
include Grounds 8, 10, and 11 together, covering serious arrears, some arrears,
and persistent delays. This approach ensures the court sees the full pattern of tenant
behaviour and provides alternatives if some grounds are discretionary rather than mandatory.
Common Ground Combinations:
- Rent Arrears: Grounds 8 + 10 + 11 (covers all arrears scenarios)
- Antisocial Behaviour: Grounds 14 + 14A (nuisance + domestic
violence)
- Property Damage: Grounds 13 + 12 (damage + general breach)
- Subletting Issues: Grounds 12 + 15 (breach + subtenant damage)
What’s the difference between Section 8 and Section 21?
Section 21 is 'no-fault' eviction requiring no reason; Section 8 is 'fault-based'
used when tenants breach their obligations.
Section 8 is fault-based eviction that can be served during the
fixed term when tenants breach their agreement, while Section 21 is no-fault
eviction typically used at the end of the fixed term without stating
reasons. Section 8 offers faster eviction for serious breaches
(like 8+ weeks arrears) but requires court hearings, whereas Section 21 uses the
accelerated possession procedure but has strict compliance requirements and longer
notice periods.
Key Strategic Differences:
- Timing: Section 8 works during fixed term; Section 21 after
fixed term
- Notice Period: Section 8 from 2 weeks; Section 21 minimum 2
months
- Court Process: Section 8 requires hearings; Section 21 uses
accelerated procedure
- Costs Recovery: Section 8 allows legal costs claims against
tenants
- Speed: Section 8 Ground 8 can be faster for serious arrears
Section 8 eviction process
The Section 8 process involves serving the correct notice, waiting for the notice
period to expire, then applying to court for a possession order.
1
Notice Service
Serve Form 3 Section 8 Notice with the correct notice period (typically 2 weeks
for rent
arrears, but varies by ground).
2
Notice Expiration Period
Wait for notice period expiry with the correct notice period (typically 2 weeks
for rent
arrears, but varies by ground).
3
Part 55 Civil Procedure
Apply to county court using Part 55 Civil Procedure
Rules if tenant hasn't vacated.
4
Court Hearing
Attend court
hearing with full evidence bundle.
5
Possession Enforcement
Obtain
possession order and enforce via bailiffs if necessary.
Critical Timing Requirements:
- Ground 8 (Serious Arrears): 2 weeks notice
- Grounds 10-15 (Discretionary): 2 weeks notice
- Ground 1 (Landlord Occupation): 2 months notice
- Court application: Can be made the day after notice
expires
- Bailiff enforcement: 14 days after possession order
granted
What if the tenant defends the claim?
Most tenants will file a defence – comprehensive legal preparation and robust
evidence bundles are essential for success.
Tenant defences are common in Section 8 cases and can include
denying rent arrears, filing disrepair counterclaims, challenging service of
notices, or arguing that eviction would be unreasonable. A well-prepared
landlord with professional legal representation typically succeeds even
when tenants defend. At SLS Solicitors, we prepare comprehensive evidence bundles,
anticipate likely defences, and ensure all procedural requirements are met to
maximize your chances of obtaining possession and recovering legal costs.
Common Tenant Defences & Our Response:
- Rent Arrears Denial: We provide detailed rent statements
and payment records
- Disrepair Counterclaims: We challenge with property
condition evidence
- Service Issues: We ensure proper notice service with proof
of delivery
- Reasonableness Arguments: We build strong cases showing
tenant fault
- Human Rights Claims: We prepare proportionality arguments
for possession