Section 8 Notices in Rent to Rent:
Evicting Tenants With Good Reason

What Is a Section 8 Notice?

A Section 8 notice under the Housing Act 1988 allows a landlord (including a rent to rent operator acting as landlord to sub-tenants) to seek possession based on one or more specified grounds. Unlike Section 21, Section 8 requires a reason — and the grounds used determine the minimum notice period and whether the court must grant possession (mandatory grounds) or has discretion (discretionary grounds). For more detail, see how Section 21 notices work.

Section 8 becomes the primary route for all evictions once the Renters Rights Bill abolishes Section 21. Even now, it is the appropriate tool for dealing with problem tenants. For more detail, see how to deal with bad tenants.

The Key Section 8 Grounds for Rent to Rent Operators

Ground 8 — Mandatory: Serious rent arrears
Tenant owes at least 2 months rent at the time of notice AND at the time of the court hearing. Court must grant possession. Minimum 14 days notice (2 weeks).

Ground 10 — Discretionary: Some rent arrears
Tenant is in arrears at the time of notice. Court has discretion. Minimum 14 days notice.

Ground 11 — Discretionary: Persistent late payment
Tenant has persistently delayed paying rent even if not currently in arrears. Discretionary. Minimum 14 days notice.

Ground 12 — Discretionary: Breach of tenancy obligations
Tenant has broken a term of the tenancy agreement (other than rent payment). Discretionary. Minimum 14 days notice. For more detail, see our guide to rent-to-rent tenancy agreements.

Ground 14 — Discretionary: Antisocial behaviour
Tenant or visitor has caused nuisance or annoyance to neighbours. Discretionary. Can be served immediately (2 weeks notice) and court can hear urgently.

The Section 8 Process

Serving a Section 8 notice correctly requires:

1. Complete Form 3 — the prescribed Section 8 notice form (available at gov.uk). State which grounds you are relying on and provide the required details.
2. Serve correctly — deliver by hand or first class post to the tenant. Keep evidence of service (photograph of notice on the door, proof of postage).
3. Wait the notice period — typically 14 days for arrears grounds, 2 months for some other grounds.
4. Apply to court if necessary — if the tenant does not vacate, apply to the county court for a possession order. For mandatory grounds (Ground 8), the court must grant possession if the arrears threshold is met at the hearing.