The law around renting in England is changing significantly. The Renters’ Rights Act introduces wide-ranging reforms to the private rented sector, including the abolition of so-called “no-fault” evictions under section 21 of the Housing Act 1988.
Once these changes come into force, landlords will no longer be able to regain possession of a property using section 21. Instead, they will need to rely on a section 8 notice, served under section 8 of the Housing Act 1988, using one or more of the specific legal grounds set out in Schedule 2.
As a result, section 8 notices will become the primary route to possession for most private landlords.
What is Section 8 Notice?
A section 8 notice is a formal legal notice that a landlord must serve if they want to evict a tenant for a specific reason.
The notice must rely on one or more of the statutory section 8 grounds for possession listed in Schedule 2 of the Housing Act 1988. These grounds cover situations where a landlord has a genuine and lawful reason to recover possession of their property.
Common examples include:
- Rent arrears
- Anti-social behaviour
- The landlord wanting to sell the property
- The landlord or a close family member wanting to move into the property
Unlike section 21, a section 8 notice requires the landlord to clearly explain why possession is being sought and to comply with strict notice and evidential requirements.
Why is section 8 becoming more important?
Until now, many landlords relied on section 21 because it did not require a reason to be given. With section 21 being removed, section 8 notices will become the main legal mechanism for eviction in the private rented sector.
The government’s stated aim is to provide tenants with greater security and stability, while still allowing landlords to recover possession where there is a genuine and reasonable need to do so.
To replace section 21, the Renters’ Rights Act:
- Introduces new section 8 grounds for possession
- Amends existing grounds
- Extends section 8 notice periods for many grounds
- Introduces minimum occupation periods before certain landlord-based grounds can be relied upon
Key new and updated section 8 grounds for possession
Below are some of the most important changes to the section 8 grounds that will affect landlords and tenants.
Landlord wants to live in the property (Ground 1)
A landlord can seek possession by serving a section 8 notice if they, or a close family member, genuinely intend to live in the property as their main home.
Key points to note:
- The tenant must have lived in the property for at least 12 months
- The landlord must give at least four months’ notice
- This is a mandatory ground, meaning the court must grant possession if all conditions are met.
Landlord wants to sell the property (Ground 1A)
This is a new ground introduced under the Renters’ Rights Act and is designed to replace the previous ability to end a tenancy simply because a fixed term had ended.
Key points:
- The landlord must genuinely intend to sell the property
- The tenant must have occupied the property for at least 12 months
- A minimum of 4 months’ notice is required
- If the conditions are met, the court must grant possession
This ground is intended to strike a balance between providing tenants with greater security and preserving a landlord’s right to sell their property.
Serious rent arrears (Ground 8)
Ground 8 allows a landlord to seek possession using a section 8 notice where rent arrears reach a specified level.
What has changed:
- The rent arrears threshold is higher than before
- The tenant must owe at least three months’ rent
- That level of arrears must exist both when the section 8 notice is served and at the court hearing
- A longer notice period of four weeks now applies
There are also additional protections for tenants where rent arrears are caused by delays in receiving housing-related benefits.
Persistent or some rent arrears (Grounds 10 and 11)
These section 8 grounds continue to apply but remain discretionary, meaning the court will decide whether it is reasonable to grant possession.
- Ground 10 applies where there are some rent arrears
- Ground 11 applies where rent has been paid late on a persistent basis
Section 8 notice periods for these grounds have generally increased, giving tenants more time to resolve payment issues.
Anti-social behaviour (Ground 14)
Landlords can still rely on a section 8 notice where tenants engage in anti-social behaviour, such as harassment, violence or serious nuisance.
In serious cases, landlords may be able to apply to the court without having to give a lengthy notice period, reflecting the significant impact this behaviour can have on neighbours and the wider community.
What does this mean in practice?
For tenants, these changes provide greater protection from sudden or unfair eviction. A landlord must now serve a valid section 8 notice and give a clear and lawful reason for seeking possession.
For landlords, it is still possible to recover possession, but only where a valid section 8 ground for possession applies. Notices must be accurate, served at the correct time and supported by evidence. This might include proof of rent arrears, evidence of anti-social behaviour, or genuine plans to sell or occupy the property.
Errors in serving a section 8 notice can lead to delays or failed possession claims, making early legal advice increasingly important.
Key takeaway
The Renters’ Rights Act represents a major shift in housing law. By abolishing section 21 and expanding the use of section 8 notices under Schedule 2 of the Housing Act 1988, the focus has moved towards fairness, transparency and security.
Understanding how section 8 notices work is essential for anyone renting or letting a home. Whether you are a landlord planning ahead or a tenant wanting to understand your rights, knowing how section 8 now works will be key.
We’re here to help
If you are a landlord or tenant facing a dispute, or you are unsure whether a section 8 notice has been served correctly, our Real Estate Litigation Team can advise.
Our team, led by Director & Solicitor Josh Unwin-Millichamp, regularly advises on possession proceedings and section 8 eviction claims.
Call us on 0800 118 1500 or complete our enquiry form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Georgie Blackford, Trainee Solicitor in our Real Estate Litigation Team.