S8 Housing Possession Notice


Section 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2.

The most common type of breach is the non-payment or late payment of rent, however, damage to the property, unsociable conduct, and subletting are also grounds for a possession order. All Section 8 require the landlord to specify the grounds they are citing as reason for eviction

As a Landlord, you can give between 2 weeks’ and 2 months’ notice depending on which terms they’ve broken. You can apply to the court for a possession order if your tenants do not leave by the specified date.

A Landlord can claim a S8 notice based on mandatory and discretionary reasons, as follows:

Mandatory grounds, due to:

  • Landlord taking property as their own home
  • Mortgage property
  • Holiday let
  • Property tied to an educational institution
  • Housing for a minister of religion
  • Refurbishment
  • Death of the tenant
  • A conviction for a serious offence
  • Service on landlord of notice by Secretary of State in respect of illegal immigrants
  • Rent arrears

Discretionary grounds, due to:

  • Alternative accommodation
  • Rent arrears
  • Regular failure to pay rent
  • Breach of tenancy agreement
  • Neglect of property
  • Anti-social behaviour
  • Domestic violence
  • Poor treatment of furnishings
  • Tied to employment
  • False statements

I’ve received a Section 8 Notice from my Landlord

If you get a section 8 notice, it’s the first step your landlord has to take to make you leave your home. You won’t have to leave your home straight away.

If your section 8 notice is valid, your landlord will need to go to court to evict you.

You might be able to challenge your eviction and stay longer in your home.

Hagen Wolf can assist in the submission or challenge of a Section 8 notice. Please get in touch as early as possible.