How to deal with a section 8 eviction notice

Summary

If you are a private renter in England, you need to know about important changes to your rights since 1st May 2026. Your private landlord can no longer just evict you without a reason. They must show a legal reason or 'ground' to evict you. 1 Tenancies since 1st May 2026 2 What is a section 8 eviction notice? 3 What getting a section 8 notice means for you 4 Reasons your section 8 notice might not be valid 5 Legal reasons landlords can use to evict you 6 Deciding what to do when you get a section 8 notice 7 How to challenge your landlord’s application for a possession order 8 Section 8 FAQs 9 More help and advice 10 What does it mean? 11 About this guide 1. No more 'no-fault' evictions – since 1st May landlords cannot give you a section 21 notice. 2. New ‘rolling’ tenancies - all private tenancies are now 'rolling' with no fixed end date. Lawyers call these tenancies ‘periodic’. 3. Section 8 evictions – your landlord needs a legal reason or ‘ground’ to ask the court for an order to take possession of your home and evict you. 4. Free legal advice - you are entitled to free legal advice through the Housing Loss Prevention Advice Service (HLPAS) as soon as you are given a section 8.

Key information

• the legal reason or ‘ground’ that your landlord plans to use when they ask the court to make a possession order, and
• the earliest date your landlord can apply to court for an order to evict you – the time between the date your landlord sends you the section 8 notice and this date is known as the ‘notice’ period.
• Your landlord must prove that they, or a family member, genuinely intend to move into the property. If you think your landlord does not really want to move in you may be able to prove this to the court if you can find any evidence – for example, your home being advertised for rent.
• Your landlord must not re-let the property within 12 months. They can be fined by the council for doing this.
• The court has to make this order if the landlord is successful in proving the reason. If you can show ‘exceptional hardship’ the court can give you 6 weeks before you have to leave to give you more time to find a new home.
• If you are worried you are likely to become homeless when this order is made you need to go to your local council for help.
• Your landlord must prove that they genuinely intend to sell the property. If you think your landlord does not really want to sell, you may be able to prove this to the court if you can find any evidence – for example, your home being advertised for rent.
• Get legal advice straight away to check that your landlord has followed the correct procedures.
• For your landlord to be successful on this reason, you must owe this much rent at the date your landlord sends you the section 8 notice and at the date of the court hearing. So, if you can, you really need to try and pay off any of the arrears to get below this level so that the court cannot make the possession order.
• Get urgent help about your rent arrears to try and put forward a repayment plan to your landlord.
• If any of your rent arrears are due to a delay in your UC payment, this part of your rent doesn’t get included in the total you owe. This could bring you below the 13 weeks/3 months amount. The judge cannot then evict you for this reason.
• If your home is in a bad condition – with mould, damp or things that need fixing, like the heating or hot water – get urgent legal advice. It may be that with evidence of the problems (photos, videos, emails and letters) you can persuade the court to take the repair costs into account when looking at the rent you owe. If these costs are taken off what you owe, your debt may end up being less that the 13 weeks/3 months amount. The court cannot then make a possession order on this ground.

Practical guidance

• Source: How to deal with a section 8 eviction notice

Related topics

More in this area

• Evicting a residential tenant
• Notice seeking possession: Your complete guide
• Who pays the court costs for an eviction in the UK?
• Ask the council to check if your rented home needs repairs
• How long does a possession order take?