Legal

Section 8

The legal route for a landlord to seek possession of a rented property in England, using specific statutory grounds such as rent arrears, sale, or moving in. Since May 2026 it is the only route.

Section 8 of the Housing Act 1988 lets a landlord serve notice seeking possession where a statutory ground applies. Since Section 21 was abolished on 1 May 2026, Section 8 is the only way to end a tenancy the tenant does not want to leave.

How grounds work

Grounds are either mandatory (the court must order possession if proven) or discretionary (the court weighs reasonableness). Commonly used grounds include:

  • Ground 8 (mandatory): serious rent arrears. Since May 2026 this requires at least three months' unpaid rent both when notice is served and at the hearing, with four weeks' notice. Universal Credit payments that are delayed rather than missing are excluded from the calculation.
  • Ground 1A: the landlord intends to sell. Four months' notice, and not usable in the first year of a tenancy.
  • Ground 14 (discretionary): anti-social behaviour.

What this means in practice

Evidence decides Section 8 cases. Arrears schedules, warning letters, incident logs, and proof that deposit and document obligations were met all matter, because compliance failures can undermine a claim. Notices must be served on the official form for the grounds relied on, available from GOV.UK.