A Section 8 notice is served when a landlord wants to end a tenancy early because the tenant has breached the tenancy agreement — most commonly through rent arrears. Unlike Section 21, Section 8 requires specific legal grounds. This guide explains every ground and its notice period.
Section 8 grounds fall into two categories. Mandatory grounds: if proven, the court must grant possession. Discretionary grounds: the court may grant possession but has discretion to decide based on all circumstances.
At least 2 months' rent (monthly tenancy) or 8 weeks' rent (weekly tenancy) is unpaid at the time of serving notice AND at the court hearing.
Some rent is in arrears at the time of notice and court hearing (less than Ground 8 threshold).
The tenant has persistently been late in paying rent, even if not in arrears at the time of the hearing.
The tenant has broken one or more terms of the tenancy agreement (other than rent payment).
The condition of the property has deteriorated due to the tenant's neglect or the acts of anyone living with them.
The tenant has caused a nuisance to neighbours or been convicted of using the property for illegal/immoral purposes.
The tenant induced the landlord to grant the tenancy by making a false statement.
Use Section 8 when the tenant has breached the tenancy (rent arrears, anti-social behaviour, damage). Use Section 21 when you want to end the tenancy without fault — at the end of a fixed term or for personal reasons. Section 8 on Ground 8 can lead to a faster possession order, but only if the arrears still exist at the court hearing.
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