Section 8 Eviction: When and How to Use It

Our general eviction guide and Section 21 guide cover the "no-fault" eviction route. Section 8 is the other main route — used when there is a specific reason for eviction, most commonly rent arrears, rather than simply wanting possession back without giving a reason.

The key difference from Section 21

Section 21 (currently) allows a landlord to seek possession without giving any reason, provided the correct process and preconditions are met. Section 8 requires you to specify one or more legal "grounds" for eviction and provide evidence supporting them — it's a reason-based process, not a no-fault one, and the court will consider whether the ground is actually made out.

Common grounds landlords use

The grounds are set out in law and cover a range of situations, but the most commonly used include: significant rent arrears (both at the time of serving notice and at the court hearing), persistent late payment of rent even if not currently in arrears, breach of tenancy conditions (such as unauthorised subletting or property damage), and anti-social behaviour. Some grounds are "mandatory" (the court must grant possession if the ground is proven), while others are "discretionary" (the court decides whether it's reasonable to grant possession even if the ground is proven).

Rent arrears grounds specifically

Rent arrears are the most commonly used Section 8 ground. There's a mandatory ground available where arrears reach a specified level both when notice is served and at the hearing itself — meaning if the tenant pays enough back before the hearing to drop below that threshold, the mandatory version of the ground may no longer apply, though a discretionary arrears ground may still be available with a lower bar. This is a common tactical issue in arrears cases, and it's worth understanding before relying solely on the mandatory ground.

The notice period

Notice periods under Section 8 vary depending on which ground you're relying on — serious rent arrears or certain anti-social behaviour grounds can have a short notice period, while others require longer notice. The correct form (Form 3) must be used, correctly specifying the ground(s) relied upon, since an incorrectly completed notice is a common reason claims fail or get delayed.

Why Section 8 is sometimes used alongside Section 21

Landlords dealing with a tenant in serious arrears sometimes serve both a Section 21 and a Section 8 notice together (where both are available), since Section 21 doesn't require proving a ground, while Section 8 can potentially move faster or succeed even where a Section 21 notice has a technical defect. Given the two processes and forms differ, and current reform proposals may remove Section 21 as a general route (see our guide to Section 21 changes), getting the paperwork right for whichever route you use matters.

Court discretion matters more here

Because many Section 8 grounds are discretionary, the court is weighing whether eviction is "reasonable" in the specific circumstances — a tenant with a good reason for temporary arrears (such as a documented, resolved benefits delay) who has otherwise been a reliable tenant may fare differently in front of a judge than one with a long, unexplained pattern of non-payment. Good record-keeping — rent statements, communication logs, and evidence of the breach relied upon — makes a real difference to how a discretionary ground is received.

This is general information about the law in England, not personalised legal advice — Scotland, Wales and Northern Ireland have different rules, and landlord law changes regularly (some areas covered here are under active reform). For anything that affects a real tenancy, check GOV.UK for the current position or speak to a solicitor or a body like the National Residential Landlords Association (NRLA).