UKWhat is a Section 8 notice and when can a landlord use it?
A Section 8 notice is a formal legal document a landlord in England and Wales can serve to begin eviction proceedings against a tenant with an assured tenancy, but only for specific statutory grounds set out in the Housing Act 1988.
What the Law Says
The Housing Act 1988 sets out the legal framework for assured tenancies and gives landlords the power to seek possession using a Section 8 notice — but only if one or more of the specified statutory grounds apply.
A Section 8 notice is used exclusively for assured tenancies (including assured shorthold tenancies) in England and Wales. It allows a landlord to apply to court for a possession order, but only if they can prove at least one of the 17 grounds listed in Schedule 2 to the Housing Act 1988.
The notice must clearly state which ground(s) the landlord relies on, give the required notice period (which varies by ground — e.g., 2 weeks for rent arrears under Ground 8, or 2 months for Ground 1 relating to landlord’s occupation), and comply strictly with form and service rules.
Crucially, serving a Section 8 notice does not end the tenancy or evict the tenant — only a court order can do that. The tenant has the right to challenge the claim in court.
Statutory TextA landlord may, in accordance with this section, obtain an order for the recovery of possession of a dwelling-house let on an assured tenancy if the court is satisfied that one or more of the grounds set out in Schedule 2 applies.
— Housing Act 1988, s. 8 — Recovery of possession on grounds
What to Do
Check that the tenancy is an assured tenancy (not excluded or non-assured).
Identify which valid ground(s) from Schedule 2 apply — e.g., rent arrears (Ground 8), breach of tenancy agreement (Ground 12), or anti-social behaviour (Ground 14).
Use the correct government form (Form 3) and fill it in accurately, specifying the ground(s) and required notice period.
Serve the notice correctly — in person, by post, or as agreed — and keep proof of service.
Wait for the notice period to expire, then issue a claim for possession using Form N5 (Claim for Possession) at the county court.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.