Update: June 2023

In a significant shakeup of the rental sector, the Renters’ Reform Bill is anticipated to bolster the Section 8 eviction process, particularly concerning the removal of anti-social tenants. This move is likely to streamline the eviction procedure and make it more efficient for landlords dealing with disruptive renters.

Section 8, part of the Housing Act 1988, gives landlords grounds for eviction in cases of rent arrears, property damage, or anti-social behaviour. The proposed reform is expected to further amplify these powers, creating a more effective mechanism for tackling persistent anti-social conduct.

This strengthening of Section 8 evictions is seen as a counterbalance to the proposed abolition of Section 21 evictions – colloquially known as the “no fault” evictions. The move to scrap these evictions, which currently allow landlords to evict tenants without any specific reasoning at the end of their tenancy, is anticipated to provide more stability and security for renters.

Simultaneously, in a push towards longer-term security for tenants, the bill proposes changes from Fixed Term Tenancies to Periodic Tenancies, also known as ‘rolling’ tenancies. This change would mean that, instead of having a fixed end date, tenancies would continue on a month-to-month or week-to-week basis, providing flexibility for both landlords and tenants.

These legislative changes are seen by many as a means of rebalancing the power dynamics within the rental sector, offering tenants improved security whilst ensuring landlords maintain essential rights to manage their properties effectively. The Renters’ Reform Bill’s progress will undoubtedly be closely watched by tenants, landlords, and industry experts alike.

On uncommon occasions, tenants may violate the stipulations of their Tenancy Agreement to such an extent that their Landlord is left with no other option but to reclaim the property via an eviction notice. In instances where significant rent arrears or serious antisocial and/or unlawful behaviour are evident, a ‘grounds-based’ Section 8 eviction notice is typically employed. In order to reclaim the property under such circumstances, a valid Section 8 notice must be correctly served to the tenants, giving them a minimum of two weeks’ notice in writing and providing clear grounds for repossession.

To discover more about Section 8 eviction notices, and see our frequently asked questions guide is available below.

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What is a Section 8?

A Section 8  eviction notice, which is grounds-based, is used to end Assured Shorthold Tenancies. Following changes due to COVID-19, the minimum notice period for Section 8 notices reverted back to the standard two weeks as of October 1, 2021. Landlords must adhere to the correct procedure and timeline via the courts for the eviction notice to be considered valid.

What grounds are there for serving a Section 8?

Although the predominant reason for a Section 8 notice is rent arrears, landlords have the option of choosing from 17 grounds to reclaim possession of the property. Grounds 1 to 8 are mandatory, allowing landlords to regain possession of the property if they supply appropriate evidence. Grounds 9 to 17 are discretionary, with the court determining whether to grant the eviction based on their judgment.

The 17 Grounds for Section 8 evictions are:

MANDATORY GROUNDS

• Ground 1 – The property owner wishes to use the leased property as their main residence, having previously resided there.
• Ground 2 – The landlord’s mortgage lender has reclaimed the property. For Ground 2 to be valid, the mortgage must predate the lease agreement.
• Ground 3 – The landlord aims to return the property to a Holiday Let. Ground 3 requires the leased property to have been used as a holiday rental within the last 12 months and the current lease not to exceed eight months.
• Ground 4 – The educational body letting the property needs repossession to house its students. The tenancy agreement must originally specify potential repossession under these grounds.
• Ground 5 – A religious body requires the property to accommodate its members.
• Ground 6 – The landlord needs to reclaim the property because the tenant declined to reside on the property during its renovation and redevelopment. Landlords may have to cover any reasonable moving costs. 
• Ground 7 – Landlords can use Ground 7 when the tenant whose name is on the lease agreement has passed away and the deceased tenant’s inheritor has moved in without being named on the lease.
• Ground 7A – Landlords can serve a Section 8 eviction notice due to the tenant’s antisocial behaviour. Antisocial behaviour must be verified by at least one of five conditions: severe offence, breach of injunction to prevent nuisance or annoyance, breach of criminal behaviour order, closure order, and noise nuisance.
• Ground 7B – Ground 7B allows landlords to evict the tenant if it is found they do not have the right to rent due to their immigration status.
• Ground 8 – Frequently cited, this applies when the tenant is significantly behind on rent, depending on the payment schedule. For weekly payments, at least eight weeks of rent arrears are due. For monthly payments, at least two months of rent arrears are due. For quarterly payments, at least one-quarter of their rental payments are due.

DISCRETIONARY GROUNDS

• Ground 9 – The landlord wants to reclaim the property after the tenant declined to relocate to an offered alternative accommodation.
• Ground 10 – The tenant is behind on rent but does not exceed the amounts indicated in Ground 8.
• Ground 11 – The tenant consistently pays the rent late.
• Ground 12 – The tenant has violated some terms in the lease agreement other than the agreed rental payments.
• Ground 13 – The tenant, or their subtenant, has caused significant damage or neglect to the property.
• Ground 14 – The tenant has multiple nuisance complaints from neighbouring residents.
• Ground 15 – The tenant has damaged or sold the property’s furniture without the landlord’s consent.
• Ground 16 – The tenant’s accommodation was provided through their employment, and now that the employment has ended, the landlord wants to reclaim the property.
• Ground 17 – The tenant provided misleading information upon which the rental agreement was based, such as fraudulent employment or guarantor details.

How do you serve a Section 8?

Landlords must fill out Form 3 in writing and provide a copy to the tenants for a Section 8 notice. The form must contain tenant names, property address, grounds for eviction, and the exact date tenants must vacate. At least two weeks’ notice must be given by landlords.

How long does the process take?

The Section 8 eviction process can range from two weeks to several months. If the landlord has valid mandatory grounds for eviction, the process may be quicker as it is less likely to necessitate a lengthy court hearing. For discretionary grounds, the court may require additional evidence to make a ruling.

The eviction timeline will also depend on your tenants’ cooperation. If your tenants do not vacate by the given date, you will need to request another eviction date with the County Court Bailiff, which can take up to a few months.

How much does it cost?

The cost of a Section 8 eviction may vary depending on any necessary court action. County court evictions will be more time-consuming but less costly than High Court evictions.

The average cost of serving a Section 8 or Section 21 notice is £99 plus VAT. However, the overall cost of a county court eviction will amount to £1,330, and a high court eviction will cost £2,200. This includes the combined costs of serving notice, obtaining a possession order, and bailiff enforcement.

Can I get any help with the costs?

Public funding is primarily only available to provide financial support for tenants. The National Residential Landlords Association successfully campaigned for £65 million in COVID-19 funding for rent arrears via the Department of Levelling Up, Housing, and Communities. This funding will be allocated to councils across England. The National Residential Landlords Association continues to campaign for an extension of financial resources for landlords.

How do I ensure my notice is valid?

For a Section 8 eviction notice to be valid, landlords must provide tenants with the correct notice period, a description of the grounds for possession, and the date after which potential court proceedings would start in the event they need to.

What happens if the tenants don’t leave?

If tenants fail to vacate by the stipulated date, the landlord can apply for a Possession Order. The possession order will result in a hearing, where the judge will rule on the issue. A possession order may be issued that requires tenants to vacate the property by a newly stipulated date, typically 14 or 28 days after the hearing.

The court may issue a suspended order for possession, allowing tenants to remain in the property if they maintain timely payments. The court can also order the tenants to pay a money order to the landlord for their rent arrears, court fees, and legal expenses.

If the tenant is ordered to leave the property and does not do so by the specified date, the landlord can apply for a warrant for possession, using Form N325 or via the Possession Claim Online Service. If a warrant is issued, a bailiff will evict the tenants. Landlords can also transfer the warrant from the county court to the High Court for faster eviction, by applying for a writ of possession.

Landlords using Section 8 eviction notices must ensure they provide tenants with the correct forms, a detailed explanation of the eviction grounds, and the minimum notice period. If the eviction notice is improperly completed, the court may reject the entire eviction process. Evictions should be regarded as a last resort in the worst-case scenarios, intended for the most severe tenancy issues.

Everything you need to know about Evictions

• Grounds for Possession; a Landlords Guide
• How to Legally Evict your Tenants: A Landlords Guide
• Understanding Assured Shorthold Tenancy Evictions
• Section 21 Evictions: FAQs

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