Section 8 Notices: How London Landlords Regain Possession Now

Last updated: 3 November 2026

For years, many landlords relied on a Section 21 notice when they wanted their property back. It needed no reason, and it was usually quicker and simpler than any other route. That route has now closed. Since the Renters’ Rights Act 2025 came into force on 1 May 2026, Section 8 of the Housing Act 1988 has been the only statutory route for a landlord to recover possession of a residential property in England.

If you let property in London, you now need a legal ground, evidence to support it and a process that is followed correctly. This guide explains what a Section 8 notice is, which grounds landlords use most, how the court process works and how to protect your position before you serve anything.

What Has Changed?

The main change is simple to state. From 1 May 2026, private landlords can no longer use Section 21, and must rely on the legal grounds for possession instead. Two related changes matter just as much in practice:

• Existing fixed term and assured shorthold tenancies became periodic, so there is no fixed term at the end of which you can simply ask the tenant to leave.
• A Section 21 notice served before 1 May 2026 only stayed valid if possession proceedings were started by 31 July 2026. That date has now passed. If you served a notice and did not issue a claim in time, take advice before doing anything further.

Landlords with existing written tenancies were also required to give tenants the official Renters’ Rights Act Information Sheet by 31 May 2026 (or, where there was no written tenancy agreement, a written statement of the key terms). If you have not done this, speak to a solicitor promptly, as gaps in your paperwork can be used against you later.

What Is a Section 8 Notice?

A Section 8 notice is the formal notice a landlord serves to start the process of ending an assured tenancy. It must be on the correct prescribed form, and it must name the legal ground or grounds you rely on and give the right notice period. It is not an eviction in itself. It is the first step, and if the tenant does not leave, you must then ask the court for a possession order.

Section 8 Grounds for Possession

Each ground has its own rules on notice and evidence. A mandatory ground means that if you prove it, the court must usually grant possession. A discretionary ground means the court decides whether it is reasonable to make an order. These are the four groups landlords meet most often.

Rent Arrears (Ground 8)

This is the main mandatory arrears ground. Since 1 May 2026 it can only be used where the tenant is three or more months in arrears, or 13 weeks if rent is paid weekly. The notice period is four weeks. The threshold has to be met when you serve notice and again at the hearing, so a tenant who pays down the debt before the hearing can defeat this ground.

Some Rent Unpaid or Persistent Late Payment (Grounds 10 and 11)

These are discretionary grounds, and landlords usually include them alongside Ground 8, so a claim can still succeed if the arrears fall below the Ground 8 threshold before the hearing.

Moving In or Selling (Grounds 1 and 1A)

These apply where you or a close family member want to live in the property, or where you intend to sell. Both require four months’ notice. You can serve notice during the first 12 months of a new tenancy, but it cannot expire before those 12 months have ended.

After using either ground, you cannot re-let or market the property for 12 months from the earliest date on which the notice allows you to start court proceedings. Breaching this restriction is an offence carrying a penalty of up to £40,000. Your intention must be genuine, and a tenant can challenge it.

Breach of the Tenancy (Ground 12)

The notice period is two weeks. You will need clear evidence of the breach and of what you asked the tenant to do about it.

What Happens After You Serve the Notice?

Serving a notice does not entitle you to take the property back. The usual steps are as follows:

1. You serve the notice and keep proof of service.
2. You wait for the notice period to expire.
3. If the tenant has not left, you apply to the court for a possession order.
4. Most cases now require a hearing, where a judge reviews your grounds.
5. If the court grants possession and the tenant still does not leave, enforcement must go through the court’s own officers.

You must never change the locks or remove a tenant yourself. That can amount to unlawful eviction, which carries serious consequences for the landlord.

Why Possession Claims Fail

In our experience, claims rarely fail because the landlord was wrong about the law. They fail because of preparation. These are the problems we see most often.

Deposit Problems

If you took a deposit, it must be protected in an approved scheme and the prescribed information served, with Grounds 7A and 14 the only exceptions. This bar can be cured: protecting the deposit late, or returning it, and serving the prescribed information can still allow you to rely on the grounds, because the court restriction bites when it decides whether to make an order. If you find a gap, the safe course is to fix it before you serve anything. A late fix may still leave you exposed to a financial penalty.

Weak Arrears Records

Keep a clear rent account that shows each payment and each shortfall. Count arrears carefully in whole rental periods, because getting the threshold wrong can undermine a mandatory claim.

Choosing the Wrong Ground

A ground that does not match the facts is the quickest way to lose time. Often the safest notice relies on more than one ground.

Errors in the Notice

The wrong form, the wrong dates or missing information can invalidate a notice. Keep proof of how and when you served it.

Serving a Sale or Move-In Notice Too Early

If your Ground 1 or 1A notice expires before the first 12 months of the tenancy are over, it will not succeed. Work out the expiry date before you serve.

Ignoring the Tenant’s Side

Tenants have stronger protection than before. A calm, documented attempt to agree a payment plan often shows the court you acted reasonably, which matters for discretionary grounds.

A Practical Checklist Before You Serve Notice

• Confirm your deposit is protected and the prescribed information was served.
• Check that the tenant received the Renters’ Rights Act Information Sheet.
• Review your tenancy agreement for the terms you intend to rely on.
• Identify the ground or grounds that fit your facts.
• Work out the notice period for each ground and check the expiry date carefully.
• Gather evidence, such as the rent account, correspondence and photographs.
• Prepare and serve the correct form and keep proof of service.
• Diarise the dates for issuing a claim and take advice before the hearing.

Frequently Asked Questions

Can I Still Evict a Tenant If I Want to Sell My Property?

Yes, using Ground 1A, with at least four months’ notice. The notice cannot expire during the first 12 months of the tenancy. You also cannot re-let or market the property for 12 months from the earliest start date on which the notice allows you to start court proceedings, so only serve it once your decision to sell is firm.

What If My Tenant Pays Off Some Arrears Before the Hearing?

If arrears fall below three months, Ground 8 may fail. This is why Grounds 10 and 11 are usually included on the same notice, as they can still support a claim.

Do I Still Need to Protect the Deposit?

Yes. Unprotected deposits can block possession on most grounds, but a problem found early can often be fixed, ideally before you serve notice.

Can a Tenant Challenge a Section 8 Notice?

Yes. A tenant can dispute the ground, point to errors in the notice or your paperwork, or argue that an order would be unreasonable where the ground is discretionary. This is why evidence and accuracy matter from the start.

Do I Need a Court Order to Remove a Tenant?

Yes. A notice alone does not end the tenancy or allow you to remove anyone. If the tenant does not leave, you must obtain a possession order and use proper enforcement.