What is a Section 8 notice?
A Section 8 notice (under the Housing Act 1988) starts possession proceedings based on one or more legal “grounds”. Unlike the old Section 21, you must have a reason — and be able to prove it.
Section 8 Notices: Grounds for Possession After Section 21
8 min readLast reviewed: June 2026
With Section 21 “no-fault” evictions abolished by the Renters’ Rights Act, Section 8 is now the route to regain possession — and it only works if you have a valid ground and the evidence to back it. Here are the grounds, the notice periods, and how the process works.
On this page
Mandatory vs discretionary grounds
- •Mandatory grounds: if proven, the court must grant possession (for example, serious rent arrears).
- •Discretionary grounds: the court decides whether it’s reasonable to grant possession (for example, some breaches or anti-social behaviour).
The grounds landlords use most
The Renters’ Rights Act reshaped several grounds and their notice periods — check the current rules for the ground you intend to use.
- •Ground 8 (mandatory) — serious rent arrears at the date of notice and hearing.
- •Grounds 10 & 11 (discretionary) — some or persistent rent arrears, often pleaded together.
- •Ground 14 (discretionary) — anti-social behaviour or nuisance.
- •Grounds for the landlord selling or moving in — with their own notice periods and conditions.
- •Breach of the tenancy terms.
Notice periods and the court process
- •Serve the correct Section 8 notice, specifying each ground and the notice period.
- •Notice periods vary by ground — typically shorter for serious arrears or anti-social behaviour.
- •If the tenant doesn’t leave, apply to the court for a possession order.
- •Build your evidence — rent statements, correspondence, an ASB log — before you serve.
How PropertyApp helps
- •A per-property ASB incident log that exports as a Ground 14 evidence pack.
- •Rent and arrears history to evidence Grounds 8, 10 and 11.
- •A full audit trail of notices and tenancy events.
Frequently asked questions
Can I still use Section 21?
No — Section 21 “no-fault” evictions are abolished. Possession now requires a valid Section 8 ground that you can evidence.
What’s the difference between mandatory and discretionary grounds?
On a mandatory ground the court must grant possession if it’s proven; on a discretionary ground the court decides whether it’s reasonable to do so.
Which ground covers rent arrears?
Ground 8 is the mandatory arrears ground; Grounds 10 and 11 are discretionary arrears grounds, often used alongside it.
How much notice do I give?
It depends on the ground — serious arrears and anti-social behaviour carry shorter notice. Check the current periods, as the Renters’ Rights Act changed them.
Do I need evidence?
Yes — especially for discretionary grounds. Keep rent statements, correspondence and an ASB log to support your case.
This guide is general information, not professional tax or legal advice. Rules, rates and thresholds change — check GOV.UK and take advice for your own situation.
Build the evidence before you need it
PropertyApp logs ASB for a Ground 14 evidence pack and keeps your arrears and notice history audit-ready. Free to start.
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