What is a Section 8 notice?
A Section 8 notice is the notice a landlord serves to seek possession on one or more statutory grounds, such as selling the property (Ground 1A) or rent arrears. The notice period depends on the ground used; for selling, it is at least four months.
Read more in our guide: Selling a portfolio with tenants
Common Grounds and Notice Periods (from 1 May 2026)
| Ground | Minimum notice |
|---|---|
| Ground 1: landlord or family moving in | 4 months; not in the first 12 months |
| Ground 1A: landlord selling | 4 months; not in the first 12 months |
| Ground 8: at least 3 months' rent arrears (mandatory) | 4 weeks |
| Grounds 10 and 11: some arrears or persistent late payment (discretionary) | 4 weeks |
| Ground 7A and 14: anti-social behaviour | Proceedings can begin straight away |
How a Section 8 Notice Works
A Section 8 notice, named after section 8 of the Housing Act 1988, tells an assured tenant that the landlord intends to seek possession on one or more grounds listed in Schedule 2 to the Act. It must be on the prescribed form, name each ground relied on, explain the reasons, and give at least the notice period for each ground. If the tenant does not leave when the notice expires, the landlord can apply to the county court.
Since Section 21 was abolished on 1 May 2026, every possession claim against a private tenant in England starts this way.
Mandatory and Discretionary Grounds
On a mandatory ground, such as Ground 1A or Ground 8, the court must order possession if the landlord proves the ground. On a discretionary ground, such as Ground 10 or 14, the court must also be satisfied it is reasonable to order possession and may instead adjourn the case or make a suspended order. Landlords often rely on several grounds in the same notice.
From Notice to Possession
- Serve the notice correctly and keep proof of how and when it was served.
- Wait for the notice period to expire.
- Issue a possession claim at the county court with evidence for each ground.
- Attend the hearing. On a mandatory ground the court will usually make an order, often for possession within 14 days.
- If the tenant still does not leave, apply for a warrant and a bailiff appointment.
Contested cases can take many months, and errors in the notice, deposit protection or compliance can cause a claim to fail. Under the new rules, landlords who are not registered on the landlord database once it is live will not be able to use most grounds.
Section 8 Notices and Selling
- A notice on Ground 1A starts a four-month clock and a restriction on re-letting, so serve it only once you are committed to selling.
- Buyers will ask whether any notices have been served or any possession claims are underway. Open proceedings must be disclosed and can affect the price.
- Rent arrears can make a tenanted sale harder, but investor buyers do buy properties with problem tenancies, at a price. It is often quicker than taking the case to court yourself.
Official Sources and Further Reading
General information for landlords in England, checked against official sources in October 2026. It is not tax, legal or financial advice: speak to a qualified accountant or solicitor about your own circumstances.
Frequently Asked Questions
A Section 8 notice is the notice a landlord serves to seek possession on one or more statutory grounds, such as selling the property (Ground 1A) or rent arrears. The notice period depends on the ground used; for selling, it is at least four months.
It depends on the ground: four months for selling or moving in, four weeks for rent arrears grounds, and none for serious anti-social behaviour, where proceedings can start immediately.
From 1 May 2026, at least three months' rent must be owed both when the notice is served and at the hearing, with four weeks' notice.
Yes, but you must tell the buyer. The notice and any claim relate to the landlord, so the buyer's solicitor will need to consider whether the buyer can continue it.
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