Section 8 notices: how to evict tenants for rent arrears

Rent arrears remain one of the most common reasons landlords seek possession of residential property. Following the abolition of section 21 notices under the Renters’ Rights Act 2025, section 8 notices now play an even more important role where landlords need to recover possession due to unpaid rent.

Serving a section 8 notice may appear straightforward, but mistakes with notices, evidence, calculations, or procedure can create delays and potentially undermine a possession claim entirely. Landlords should therefore understand how the process works before taking formal action.

Our property litigation solicitors advise landlords nationwide on section 8 notices, rent arrears recovery, possession proceedings, guarantor disputes, and wider landlord and tenant disputes.

If you require assistance or tailored legal advice, contact our solicitors to discuss your situation.

Section 8 notices explained

A section 8 notice is a formal legal notice served under the Housing Act 1988. It allows landlords to seek possession of residential property where specific statutory grounds apply.

In rent arrears cases, landlords commonly rely on:

• Ground 8, where a minimum level of arrears exists and possession may be mandatory. 
• Ground 10, where some rent is outstanding. 
• Ground 11, where the tenant has persistently delayed paying rent. 

Several grounds are often used together within the same notice.

A section 8 notice does not automatically end the tenancy or remove the tenant from the property. If the tenant does not leave voluntarily, landlords will usually need to issue possession proceedings through the court.

When can landlords use a section 8 notice for rent arrears?

Landlords may consider serving a section 8 notice when informal efforts to resolve tenancy issues have been unsuccessful and a formal, statutory approach is required. Landlords dealing with early-stage arrears may also find our article on tenant not paying rent helpful reading.

Specifically, a section 8 notice may be appropriate where:

• Rent payments have been missed. 
• Arrears continue to increase. 
• The tenant repeatedly pays late. 
• Attempts to resolve matters informally have failed. 
• The landlord wants possession of the property due to unpaid rent. 

The level of arrears can be important, particularly where landlords intend to rely on Ground 8.

Careful calculation of arrears is essential before serving notice.

How much rent arrears are required?

The amount of rent arrears required before serving a section 8 notice will vary depending on the legal grounds relied upon for possession. Different statutory grounds under the Housing Act 1988 have different thresholds and requirements, making it important for landlords to identify which grounds best apply to the circumstances.

For Ground 8, landlords will usually need to show a minimum level of arrears both:

• When the section 8 notice is served. 
• At the date of the possession hearing. 

If arrears fall below the required threshold before the hearing, mandatory possession under Ground 8 may no longer apply. Landlords therefore often rely on Grounds 10 and 11 as additional grounds within the same claim.

What information must a section 8 notice include?

The notice must usually include:

• The tenant’s details. 
• The property address. 
• The grounds relied upon. 
• Details of the arrears. 
• The notice period. 
• Information explaining why possession is sought. 

Errors within the notice can create delays or invalidate the claim entirely. Accurate drafting and proper service are therefore extremely important.

How should a section 8 notice be served?

The tenancy agreement will often contain provisions dealing with service of notices.

Common service methods may include:

• Personal delivery. 
• First class post. 
• Recorded delivery. 
• Email, where permitted by the tenancy agreement. 

Landlords should retain evidence of service wherever possible, particularly if possession proceedings later become necessary.

What happens after the section 8 notice expires?

If the tenant does not leave voluntarily or clear the arrears, landlords will usually need to issue possession proceedings through the county court.

The court will then consider:

• Whether the notice was valid. 
• Whether the grounds are established. 
• The level of arrears outstanding. 
• Any defence raised by the tenant. 
• Whether possession should be granted. 

Possession claims can become more complicated where tenants dispute arrears, raise disrepair allegations, or argue procedural defects.

Can landlords recover unpaid rent as well as possession?

In many cases, yes.

Landlords may seek:

• Possession of the property. 
• A money judgment for unpaid rent. 
• Interest where applicable. 
• Legal costs in certain circumstances. 

Recovery options may depend on the tenant’s financial position and whether a guarantor is in place.

Can tenants defend section 8 possession claims?

Potentially, yes.

Common tenant defences may include:

• Challenging the level of arrears. 
• Alleging procedural defects. 
• Raising disrepair issues. 
• Arguing the notice was not properly served. 
• Claiming housing benefit or payment issues affected arrears. 

Possession proceedings can therefore become contested and more complex than landlords initially expect.

Common mistakes landlords should avoid

Landlords dealing with section 8 notices often encounter problems where:

• Arrears have been miscalculated. 
• Incorrect grounds are used. 
• Notices contain drafting errors. 
• The notice has not been properly served. 
• Records and evidence are incomplete. 
• Deposit protection requirements have not been complied with. 
• The landlord delays taking action for too long. 

A carefully managed approach can often reduce delays and strengthen the landlord’s position.

How the Renters’ Rights Act may affect section 8 claims

The Renters’ Rights Act 2025 has significantly increased the importance of section 8 notices following the abolition of section 21 “no fault” evictions in England.

As a result, landlords are increasingly reliant on statutory possession grounds when dealing with rent arrears and problematic tenancies.

Many landlords are also concerned about:

• Greater procedural scrutiny. 
• More evidence-heavy possession claims. 
• Longer court delays. 
• Increased pressure on the court system. 

Ensuring notices and possession claims are properly prepared has therefore become even more important.

FAQs about section 8 notices

Below are some of the questions landlords commonly ask about section 8 notices and possession proceedings.

1. Does a section 8 notice automatically evict the tenant?

   No. A section 8 notice is the formal first step in the possession process, but it does not automatically end the tenancy or remove the tenant from the property. If the tenant does not leave voluntarily, landlords will usually need to obtain a possession order through the court.

2. Can tenants stop eviction by paying the arrears?

   Potentially, yes. In some cases, reducing arrears below the threshold required for Ground 8 before the possession hearing may affect the landlord’s claim. Landlords will therefore often rely on multiple grounds within the same section 8 notice.

3. How long does a section 8 possession claim take?

   Timescales vary depending on the court involved, whether the tenant defends the claim, and whether enforcement action later becomes necessary. Delays are increasingly common, particularly in contested possession proceedings.

4. Can landlords use section 8 for reasons other than rent arrears?

   Yes. Section 8 notices may also be used for a range of other statutory grounds under the Housing Act 1988, including anti-social behaviour, breaches of tenancy obligations, and property damage.

5. Can landlords claim legal costs?

   Potentially, yes. Landlords may seek legal costs as part of possession proceedings, although recovery will depend on the court order obtained, the tenancy agreement, and the tenant’s financial position.

Speak with our property solicitors

Section 8 possession claims can quickly become complicated where notices are challenged, arrears fluctuate, or tenants raise procedural or disrepair defences. Taking advice early can often help landlords avoid delays and strengthen their position before proceedings are issued.

Bhavini Kalaria, head of litigation, says:

“Section 8 notices are becoming increasingly important following the removal of section 21 notices. Landlords who take advice early and ensure the correct procedures are followed are often in a much stronger position if possession proceedings later become necessary.”

Our solicitors advise landlords locally and nationally on section 8 notices, rent arrears recovery, possession proceedings, guarantor disputes, and wider landlord and tenant disputes. 

Get in touch to speak with our property team.