Serving a section 8 notice
Last reviewed 26 February 2024
Introduction
The Housing Act 1988 and its subsequent amendments lays down certain circumstances or grounds under which a landlord applying for possession of a residential property may be successful. A landlord may use one ground or a combination of grounds if appropriate.
The grounds for possession fall into two categories:
- mandatory - where the judge must grant possession if the landlord can prove the ground exists, and
- discretionary - where the judge has discretion on whether to grant possession.
For assured shorthold tenancies most landlords prefer to serve a Section 21 notice instead as it is generally seen as more effective. However, as this notice cannot expire before the end of the fixed term, the Section 8 notice is a very useful tool if you are still inside the fixed term of the tenancy and the tenant is causing serious issues that cannot be resolved.
Renters’ Rights Bill
The Renters' Rights Bill is expected to come into force in summer 2025, making the most significant changes to the private rented sector in over 30 years.
Amongst other things, the Bill will -
• Abolish Section 21;
• Change the type of tenancy you can offer;
• Introduce a new Decent Homes Standard to the PRS;
• Change advertising practices; and
• Significantly strengthen local authority enforcement powers.
The advice and resources on this page will be outdated once the Bill comes into force. The NRLA is currently preparing a suite of replacement guides and documents to help you manage the transition smoothly.
For further information on the passage of the Bill and its details, please see our dedicated campaigns hub
When can I serve a Section 8 notice?
A Section 8 notice is available where you have granted an assured or assured shorthold tenancy and one or more of the grounds for possession apply.
In practice, most landlords only use this notice where the tenant is in at least two months of rent arrears and the fixed term of the tenancy has still got some time to run. In most other situations where a ground applies, the majority prefer to use the Section 21 notice instead.
Section 8 notice template
The Section 8 notice is required to come in the prescribed form by the Government (Form 3). This is available from the Government's website. This document was last updated on 1 October 2021, reflecting the shorter notice periods now available to landlords.
As the Section 8 notice is a prescribed form, using an out of date version can lead to your notice being declared invalid, forcing you to start the whole process again. Please ensure you are downloading the latest version of the notice every time you serve a Section 8 notice.
What software should I use to fill out this document?
The Section 8 form on the gov.uk is an Open Office (.odt) document. This means there are a number of options available for you to use.
For PC or Android users, either the free Open Office software or Microsoft Word can open these files without issue.
For Apple users, some members are reporting difficulties opening the gov.uk Section 8 form when using Apple products. This could potentially be because of the software used to open the file. If you are encountering difficulties opening the files, the best software to use is either OOreader or Office for Mac.
The remaining resources and guidance on this page are available exclusively to members of the NRLA.
On this page we provide -
- completion instructions for filling out the form
- what you should do before seeking possession
- tips on serving the notice