Received a section 8 notice? What happens next (England)

Does this apply to you?

• Private tenancy, notice served on or after 1 May 2026. The current rules on this page apply.
• Notice served before 1 May 2026. It only still counts if the landlord asked the court to issue a claim within its applicable period: the earlier of the twelve-month period in the notice and 31 July 2026. If not, it has lapsed and the landlord would need to serve a new one. How older notices were treated.
• Housing association or other social housing. The old rules, with the old grounds and notice periods, still apply. Housing association tenants.

This covers homes in England. Homes in Wales run on different law, the Renting Homes (Wales) Act 2016.

What the law says

Since 1 May 2026, a private landlord in England can only get possession on one of the grounds in Schedule 2 to the Housing Act 1988, as amended by the Renters’ Rights Act 2025. The notice must be on the prescribed form, specify each ground relied on, and give at least the notice period for each (Housing Act 1988, s.8). Court proceedings must begin no later than twelve months after the notice was served. There is no accelerated procedure under the current rules: every claim goes to a hearing.

Mandatory and discretionary grounds

On a mandatory ground, the court must order possession if the landlord proves the ground and followed the procedure, so the argument is about the ground and the procedure. On a discretionary ground, the court must also find it reasonable to make the order, so your circumstances are directly relevant.

Notice periods by ground

Each period begins with the date the notice was served.

Rent arrears: Grounds 8, 10 and 11

Ground 8 is the mandatory arrears ground. The arrears must reach the threshold both on the date the notice was served and on the date of the hearing:

• rent paid monthly: at least three months’ rent unpaid;
• rent paid weekly or fortnightly: at least 13 weeks’ rent unpaid;
• rent paid quarterly: at least one quarter’s rent more than three months in arrears;
• rent paid yearly: at least three months’ rent more than three months in arrears.

If you are entitled to a housing amount in your Universal Credit, rent that went unpaid only because that payment hadn’t yet reached you is left out of the calculation. This applies to Universal Credit only, not housing benefit. The court can’t waive the notice for Ground 8.

Grounds 10 and 11 are discretionary arrears grounds, and landlords often use them alongside Ground 8. Ground 11 covers persistent late payment. Bringing the arrears below the Ground 8 threshold before the hearing defeats Ground 8, but not Grounds 10 or 11. There is no Ground 8A: it was in an earlier bill that never became law. More on rent arrears and Ground 8.

Landlord moving in or selling: Grounds 1 and 1A

Ground 1 covers a landlord who needs the home for themselves or a close family member. Ground 1A covers a landlord who intends to sell. Both are mandatory and both need four months’ notice. Both also need the tenancy to have begun at least a year before the date given in the notice for possession, counting both the start day and that date. That is a condition about the date in the notice, not a ban on serving a notice in the first year.

Ground 1A can’t be used at all where the tenancy was an assured tenancy, but not an assured shorthold, immediately before 1 May 2026 (S.I. 2026/421, reg. 5). A landlord who relies on Ground 1 or 1A is then barred for a restricted period from re-letting the home or marketing it to let, with limited exceptions (Housing Act 1988, s.16E). Where a claimed sale or move-in never happened and the home was re-let, that is a point to look into. More on Ground 1A (selling) and Ground 1 (moving in).

Deposits

Where you paid a deposit, the court can only make a possession order if the deposit is held in an authorised scheme, the scheme’s initial requirements were met, and you were given the prescribed information about it (Housing Act 2004, s.215). This doesn’t apply to the anti-social behaviour grounds 7A and 14, or once the deposit has been returned or a court application about it has been decided, withdrawn or settled.

Key dates and deadlines

What people in this situation usually do next

Most people check the notice first: the form, the grounds, the dates and whether the period is long enough. With a notice and no court claim yet, many put their position to the landlord in writing. The points tenants commonly raise are:

• disputing the arrears figure;
• the Universal Credit disregard;
• disrepair, set off against the arrears or as a counterclaim;
• whether the notice is valid;
• on a discretionary ground, whether possession would be reasonable.

Once court papers arrive, the dates on them matter, and there is free help at court on the day from a duty adviser.