Section 8 Eviction Process England - Step by Step Guide 2026

Section 8 of the Housing Act 1988 allows landlords to evict tenants by proving one or more statutory grounds for possession. Unlike Section 21, you must demonstrate that the tenant has done something wrong or that specific circumstances apply. With Section 21 ending in May 2026, Section 8 will become the only route to eviction for most landlords in England.

What Is Section 8?

Section 8 of the Housing Act 1988 provides the legal framework for landlords to seek possession of a property by proving one or more of 17 specified grounds. These grounds are divided into two categories:

• Mandatory grounds: If proven, the court must grant possession
• Discretionary grounds: Even if proven, the court may grant possession (considering reasonableness)

Key Features of Section 8

• Grounds required: You must specify and prove at least one ground
• Variable notice periods: From 2 weeks to 2 months depending on ground
• Court hearing usually required: Unlike accelerated Section 21 procedure
• Can claim rent arrears: Unlike Section 21, you can claim money owed
• Can be served anytime: During fixed term or periodic tenancy

Mandatory Grounds (1-8)

If you prove a mandatory ground, the court must grant a possession order. There is no discretion—the judge cannot refuse or delay based on the tenant's circumstances.

Discretionary Grounds (9-17)

With discretionary grounds, even if proven, the court must also consider whether it's reasonable to grant possession. The judge weighs factors like:

• The tenant's circumstances (health, children, vulnerability)
• The severity of the breach
• Whether the breach is ongoing or resolved
• The landlord's need for possession

Notice Periods

Section 8 notice periods vary by ground:

• Immediate: Ground 14 (antisocial behaviour) - can apply to court same day
• 2 weeks: Grounds 3, 4, 8, 10-15, 17
• 2 months: Grounds 1, 2, 5, 6, 7, 9, 16

If you're using multiple grounds with different notice periods, you must wait for the longest period before applying to court.

Serving the Section 8 Notice

The Section 8 notice must be served using Form 3 (the prescribed notice form).

Notice Requirements

• Use the correct Form 3 (current version)
• Specify which grounds you're relying on
• Provide particulars (details supporting each ground)
• State the earliest date court proceedings can begin
• Serve on all tenants

Particulars of the Grounds

Unlike Section 21, you must explain why each ground applies. For example:

• Ground 8: "The tenant owes £3,450 in rent, representing 3 months and 2 weeks of arrears as at [date]"
• Ground 12: "The tenant has breached clause 4.2 of the tenancy agreement by keeping a dog without permission"
• Ground 14: "On [dates], the tenant engaged in antisocial behaviour including [specific incidents with dates and details]"

The Court Process

Unlike Section 21's accelerated procedure, Section 8 claims typically require a court hearing.

Step-by-Step Process

At the Hearing

You'll need to:

• Prove the ground applies (bring evidence: rent statements, photos, witness statements)
• Show the notice was valid and properly served
• Answer the judge's questions about the case
• For discretionary grounds: Explain why possession is reasonable

Get all court forms, witness statement templates, and hearing guidance →

Section 8 vs Section 21: Which to Use?

Until Section 21 ends in May 2026, landlords can choose between Section 8 and Section 21 (or use both together). Here's when each is better:

Read our detailed Section 21 vs Section 8 comparison →

Section 8 FAQ