When should I use a Section 8 notice instead of Section 21?

Use UK Section 8 when you have specific grounds for possession in England and Wales (such as rent arrears or breach of tenancy), when you cannot serve a valid British Section 21 (e.g., due to deposit protection issues), or when you want to claim a money judgment for rent arrears as part of the proceedings under English law.

Can I serve both Section 8 and Section 21 notices at the same time?

Yes. Many UK landlords serve both notices simultaneously to maximise their options in England and Wales. The Section 21 provides a fallback if the British Section 8 grounds cannot be proved at the hearing.

What happens if the tenant pays off arrears before the hearing?

If the UK arrears fall below two months rent before the hearing date, the mandatory Ground 8 will fail in England and Wales. However, the discretionary Grounds 10 (some rent arrears) and 11 (persistent delay in paying rent) may still succeed if the British court considers it reasonable.

Can a Section 8 notice be served during the fixed term?

Yes, but only if the UK tenancy agreement contains a clause allowing the British landlord to seek possession on the relevant grounds during the fixed term in England and Wales. Without such a clause, the landlord must wait until the fixed term expires.

How long is a Section 8 notice valid?

UK court proceedings must be begun within 12 months of the date the notice was served in England and Wales. If proceedings are not issued within this period, a new British notice must be served.

Does the landlord need deposit protection compliance to serve Section 8?

No. Unlike Section 21, the validity of a UK Section 8 notice does not depend on deposit protection compliance or the provision of prescribed documents under English law. However, the British landlord may still face separate penalties for non-compliance with deposit protection requirements in England and Wales.

What is Ground 14 for anti-social behaviour?

UK Ground 14 is a discretionary ground that applies where the British tenant, a member of the tenant household, or a visitor has been guilty of conduct causing or likely to cause nuisance or annoyance in England and Wales. It requires only that the court consider it reasonable to order possession under English law.

Can the court refuse to make a possession order on mandatory grounds?

If a UK mandatory ground is proved, the British court must make a possession order in England and Wales. However, the court can adjourn the hearing and the tenant may clear arrears before the next hearing under English law. The court also has limited power to postpone the date for possession by up to 14 days (or 6 weeks in cases of exceptional hardship).

Rental & PropertyUnited Kingdom

Free Section 8 Notice Template

A professionally structured Section 8 notice for landlords in England and Wales. Seek possession of your property on specific grounds under the Housing Act 1988.

Create Your Section 8 Notice - Notice Seeking Possession

Free to useInstant PDFNo account required

NOTICE SEEKING POSSESSION — SECTION 8 (FORM 3)

Housing Act 1988 S.8 · Assured Tenancies (Forms) (England) Regulations 2015 · England And Wales

James Williams
14 Regent Street, London W1B 5TR
james.williams@email.co.uk
07700 900123

Date of Notice: 9 March 2026

Sophie Chen and Daniel Osei
42 Maple Avenue, London E5 9BT

Dear Sophie Chen and Daniel Osei,

Re: Possession required — 42 Maple Avenue, London E5 9BT

Earliest court action: 23 March 2026

FORMAL NOTICE

The Landlord hereby gives notice, under section 8 of the Housing Act 1988 (as amended) and in the form prescribed by the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015 (Form 3), of an intention to apply to the County Court for an order for possession of the dwelling-house known as 42 Maple Avenue, London E5 9BT, which you hold under an assured tenancy that commenced on 1 June 2024. The earliest date on which court proceedings may be commenced is 23 March 2026. If you do not give up possession or make satisfactory arrangements with the Landlord before that date, the Landlord may apply to the court.

TENANCY PARTICULARS

The particulars of the tenancy in respect of which possession is sought are as follows:

Landlord	James Williams
Property	42 Maple Avenue, London E5 9BT
Tenant(s)	Sophie Chen and Daniel Osei
Tenancy commenced	1 June 2024
Tenancy type	Assured shorthold — periodic
Notice served	9 March 2026
Earliest possession / court action	23 March 2026

LEGAL AUTHORITY

This notice is given under s.8 of the Housing Act 1988. The Landlord relies on one or more of the Grounds set out in Schedule 2 to the Housing Act 1988. The form, content and minimum notice periods required for each Ground are prescribed by s.8(3)-(4) and Sch 2. The Court of Appeal in Mountain v Hastings [1993] 25 HLR 427 held that the Grounds relied on must be set out in the notice in the words of the Schedule (or words to the same effect). Where Ground 8 is established, the Court has no discretion to refuse possession (North British Housing Association Ltd v Matthews [2004] EWCA Civ 1736).

WHAT YOU SHOULD DO

You should read this notice carefully. If you need advice you should take it immediately from Citizens Advice (www.citizensadvice.org.uk), Shelter (www.shelter.org.uk), a law centre or a solicitor. Help with legal costs may be available under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 for those on low incomes. If rent arrears are the basis of this notice, clearing the arrears before the court hearing may prevent a possession order on some grounds. On Ground 8 (mandatory), arrears must remain below the statutory threshold at both the notice date and the hearing date. If you do not give up possession on or before 23 March 2026, the Landlord may apply for a possession order. Only a court-appointed bailiff or High Court enforcement officer may evict you; any attempt by the Landlord to force you out without a court order is unlawful under the Protection from Eviction Act 1977.

GROUNDS FOR POSSESSION

The Landlord intends to seek possession on the following ground(s) contained in Schedule 2 to the Housing Act 1988:

Ground 8 — Serious rent arrears — mandatory ground (Mandatory)
Minimum notice period: 2 weeks.
At the date of service of this notice and at the date of the court hearing the tenant is in arrears of rent of at least 2 months (where rent is paid monthly) or 8 weeks (where rent is paid weekly or fortnightly). If Ground 8 is established at the hearing, the court must make a possession order.

Ground 10 — Rent arrears (discretionary) (Discretionary)
Minimum notice period: 2 weeks.
Some rent lawfully due from the tenant is unpaid on the date on which proceedings for possession are begun and, except where s.8(1)(b) applies, was in arrears on the date of service of this notice.

PARTICULARS OF EACH GROUND

In accordance with s.8(3)(b) of the Housing Act 1988, the particulars of each Ground relied upon are set out below. A notice that fails to give sufficient particulars may be invalidated by the court (Mountain v Hastings):

Rent of GBP 1,200 per calendar month has been payable in advance on the 1st of each month since the start of the tenancy. No rent has been received since 1 November 2025. Written rent demands were issued on 5 November 2025, 5 December 2025, 5 January 2026 and 5 February 2026. A rent statement is attached. As at the date of this notice, total arrears amount to GBP 4,800, representing four months' rent, exceeding the statutory threshold of two months for Ground 8.

RENT ARREARS

The Landlord relies on rent arrears as a basis for possession. A running schedule of rent account (statement showing sums due, paid and outstanding) accompanies this notice and will be updated to the date of the hearing. For Ground 8 (mandatory), the tenant must be in arrears of at least 2 months' rent (where rent is paid monthly) both at the date of service of this notice and at the date of the court hearing. If the arrears fall below the threshold before the hearing, the court cannot make an order on Ground 8 alone. For Grounds 10 and 11 (discretionary), the court will consider whether it is reasonable to make a possession order, taking account of the tenant's circumstances, any payment history and any proposal to clear the arrears (s.9 HA 1988). You are strongly encouraged to contact the Landlord immediately to discuss repayment or benefits advice.

Total arrears at date of notice	GBP 4,800.00
Monthly rent	GBP 1,200.00
Arrears accruing since	1 November 2025
Equivalent months of rent	4.00

PRE-ACTION STEPS TAKEN

The Landlord has taken the following steps before serving this notice, in the spirit of the Pre-Action Protocol for Possession Claims and general reasonableness expectations:

1. Written rent reminders issued monthly from November 2025 to February 2026. 2. Offered a written repayment plan on 10 January 2026 — declined by the tenant on 18 January 2026. 3. Signposted the tenant to Citizens Advice and to the local authority housing options team on 1 February 2026. 4. Provided a detailed rent statement on 20 February 2026.

METHOD OF SERVICE AND COURT PROCEDURE

This notice has been sent by recorded or signed-for delivery on 9 March 2026 by James Williams, Landlord. Proof of service (photograph with date stamp, Royal Mail proof of posting or signed-for delivery receipt) will be retained by the Landlord for production in any subsequent possession proceedings. Where posted, service is deemed to take effect two working days after posting under s.7 of the Interpretation Act 1978. If court action is required, the Landlord must issue proceedings in the County Court using Form N5 (claim for possession of property) and Form N119 (particulars of claim — rented residential premises) under CPR Part 55. The Accelerated Possession Procedure under CPR 55.11-19 is not available for s.8 claims; a hearing will be required.

Yours sincerely,

LANDLORD

James Williams

Landlord

James Williams

Date: ____________________

What Is a Section 8 Notice?

A Section 8 notice is a formal notice served by a landlord on a tenant seeking possession of a property let on an assured or assured shorthold tenancy. Unlike a Section 21 notice, a Section 8 notice requires the landlord to specify one or more grounds for possession as listed in Schedule 2 of the Housing Act 1988.

The grounds for possession are divided into mandatory grounds (where the court must make a possession order if the ground is proved) and discretionary grounds (where the court must also be satisfied that it is reasonable to make the order). The most commonly used ground is Ground 8, which is a mandatory ground for serious rent arrears of at least two months.

A UK Section 8 notice can be served during the fixed term of a tenancy (provided the tenancy agreement allows this) and does not require the British landlord to have complied with the deposit protection and prescribed document requirements that affect Section 21 notices under English law. This makes it useful in England and Wales where a Section 21 notice cannot be served.

What's Covered in This Template

Doxuno's Section 8 notice template covers the essential elements required for a valid notice seeking possession on specified grounds.

Tenant Details

Full names of all tenants named on the tenancy agreement.

Property Address

The full address of the property for which possession is being sought.

Grounds for Possession

Selection and statement of the specific grounds relied upon from Schedule 2 of the Housing Act 1988.

Particulars of Grounds

Detailed explanation of why each ground applies to the circumstances of the case.

Notice Period

The correct notice period for each ground, which varies from two weeks to two months depending on the ground.

Earliest Court Date

The earliest date on which court proceedings may be issued after the notice expires.

Rent Arrears Details

If relying on rent arrears grounds, a full breakdown of the amount outstanding.

Breach Details

If relying on breach of tenancy grounds, a description of the specific breaches alleged.

Service Information

Instructions on how to serve the notice and calculate the date of service.

Landlord Details

Full name and address of the landlord or their solicitor serving the notice.

How to Create Your Section 8 Notice

Follow these steps to create a valid Section 8 notice that correctly states the grounds for possession.

1
Identify the applicable grounds
Review Schedule 2 of the UK Housing Act 1988 and identify which grounds apply to your situation in England and Wales. You can rely on multiple grounds in a single British notice.
2
Prepare the particulars
For each ground, prepare a clear statement of the facts that support it. For rent arrears, include the exact amount outstanding and the payment dates missed.
3
Determine the correct notice period
Different grounds require different notice periods. Grounds 1, 2, 5, 6, 7, 9, and 16 require two months. Grounds 3, 4, 8, 10, 11, 12, 13, 14A, 15, and 17 require two weeks. Ground 14 requires immediate notice.
4
Complete and serve the notice
Fill in all required details and serve the notice on all named tenants. Keep proof of service for court proceedings.
5
Issue court proceedings
If the tenant does not vacate after the notice expires, apply to the county court for a possession order. Proceedings must be issued within 12 months of the notice date.

Legal Considerations

Section 8 possession proceedings are more complex than Section 21 claims and require the landlord to prove the grounds at a court hearing.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your situation.

Reviewed for England & Wales law

Mandatory vs Discretionary Grounds

UK mandatory grounds (such as Grounds 1, 2, 5, 6, 7, and 8) require the British court to make a possession order if the ground is proved. Discretionary grounds (such as Grounds 10, 11, 12, and 14) require the court in England and Wales to also be satisfied that it is reasonable to order possession. Relying on both types of grounds gives the strongest position under English law.

Ground 8 — Serious Rent Arrears

UK Ground 8 is mandatory and applies where at least two months rent (for monthly tenancies) or eight weeks rent (for weekly tenancies) is outstanding both at the date the British notice is served and at the date of the hearing. If the tenant reduces the arrears below this threshold before the hearing in England and Wales, Ground 8 will fail, though the discretionary Grounds 10 and 11 may still succeed under English law.

Notice Period Requirements

The UK notice period varies depending on the ground. The British notice must specify the earliest date on which possession proceedings may be begun in England and Wales, which must not be before the notice period expires. Using the wrong notice period renders the notice invalid under English law.

Court Proceedings

Unlike the accelerated Section 21 procedure, UK Section 8 claims require a court hearing in England and Wales where the British landlord must prove the grounds. The court may adjourn, stay, or suspend the possession order on conditions under English law, particularly for discretionary grounds.

Frequently Asked Questions

Create Your Section 8 Notice Now

Generate a compliant Section 8 notice for your property in England and Wales. State the grounds for possession and download your PDF in minutes.

Create Your Section 8 Notice - Notice Seeking Possession Browse All Templates

Free · Instant PDF · No account required