When Should a Landlord Use a Section 8 Notice?

What changed under the Renters’ Rights Act 2025

Section 21 abolished. Fixed-term assured tenancies abolished. Ground 8 threshold raised to 3 months. Information Sheet required for every tenancy by 31 May 2026. Read the full guide.

With the abolition of Section 21 on 1 May 2026, the question of when to use Section 8 has changed. Section 8 is now the only route to possession. The real question is which grounds to rely on. This page sets out the most common scenarios and the appropriate ground for each.

Section 8 is now the only option

From 1 May 2026 there is no longer a choice between Section 21 and Section 8. Section 21 has been abolished. The only route to recover possession of an assured periodic tenancy is a Section 8 notice supported by one or more of 37 statutory grounds. The relevant question for landlords is no longer which notice to use but which grounds to rely on.

Use Section 8 with rent-arrears grounds when…

The tenant is at least 3 months in arrears (Ground 8, mandatory).
The tenant has any level of arrears at the time of notice and the time of hearing (Ground 10, discretionary).
The tenant has persistently delayed paying lawfully-due rent (Ground 11, discretionary).

Standard practice is to plead Grounds 8, 10, and 11 in the alternative. Notice period: 4 weeks. See our rent-arrears guide.

Use Section 8 with landlord-side grounds when…

You intend to sell the property

Ground 1A. 4 months’ notice. Cannot be used in the first 12 months of the tenancy. The property cannot be re-let or marketed for re-letting for 12 months from the date specified in the notice. Sale particulars and a credible disposal plan should be ready before service.

You or close family intend to occupy

Ground 1. 4 months’ notice. Cannot be used in the first 12 months. Family member is now defined broadly: parent, grandparent, sibling, child, grandchild (in addition to spouse and civil partner). Evidence of intent matters at hearing — letters, mortgage applications, or correspondence with the family member.

You intend to substantially redevelop

Ground 6. 4 months’ notice. Strict conditions on when the landlord acquired the property and the nature of the works.

Use Section 8 with breach or behaviour grounds when…

The tenant has breached a term of the tenancy agreement

Ground 12 (discretionary). Breach must be material — failure to keep the garden tidy is unlikely to suffice; serious unauthorised alterations or sub-letting may. 4 weeks’ notice.

Anti-social behaviour or nuisance

Ground 14 (discretionary). Notice can take effect immediately for the most serious cases. Documentation is critical: incident logs, neighbour statements, complaints from the local authority or police, and evidence of the impact on neighbours and the locality.

Damage to the property or furniture

Grounds 13 and 15 (both discretionary). Photographs, condition reports, and evidence of pre-existing condition (the inventory at start of tenancy) are key.

False statement at the start of the tenancy

Ground 17 (discretionary). The tenant induced the landlord into granting the tenancy by making a knowingly false statement (e.g. fabricated employment or income). Evidence of falsity required.

Use Section 8 with technical grounds when…

The tenant has no right to rent

Ground 7B (mandatory). Tenant has no right to rent under the Immigration Act 2014. 2 weeks’ notice. Right-to-rent checks at the start of the tenancy are crucial supporting evidence.

The tenant has died and the tenancy was a sole tenancy

Ground 7 (mandatory). 2 months’ notice from when the landlord becomes aware of the death.

Practical advice

Plead alternative grounds. Where multiple grounds may apply, name them all in the notice. The court considers them in priority order.
Use the longest applicable notice period. If you mix grounds with different notice periods, the longer applies.
Document evidence early. Section 8 hearings turn on evidence. Start the documentation file before serving the notice, not after.
Consider negotiation first. A surrender by deed (see deed of surrender) is faster, cheaper, and avoids the relationship breakdown of formal proceedings.
Ground 1A re-let restriction is enforced. Re-letting within the 12-month restriction after relying on Ground 1A is an offence with significant penalties. Plan accordingly.