Section 8 eviction notices

You’ll be given a set amount of time (usually two weeks) to resolve the issues outlined in the notice or leave the property.

You don’t actually have to leave your home within two weeks, but if you don’t resolve the issues in that time, your landlord can start court proceedings to get a possession order. This may ultimately lead to you being evicted.

A landlord can give you a section 8 eviction notice if you have an assured or assured shorthold tenancy. Check what type of tenancy you have.

Your landlord must also have a legal reason – or ‘grounds for possession’ - to evict you. The most common reason is rent arrears.

The grounds to evict for rent arrears are:

• ground 8 – owing at least two months’ rent
• ground 10 – owing some rent
• ground 11 – repeatedly paying rent late

If your landlord uses ground 8 and you still owe at least two months’ rent at the hearing, the court is unlikely to be able to stop you being evicted.

If your landlord has sent you a section 8 notice:

Talk to your landlord

Speaking to your landlord might help to resolve your issues e.g. if you’re able to agree a payment plan for your arrears.

If you want to work out a payment plan for your arrears. The best place to start is by creating a budget. Our free budget planner can help with this.

Get debt advice 

If you’ve received a section 8 notice because of rent arrears, it’s a good idea to get debt advice as soon as possible.

A debt adviser may be able to apply for breathing space on your behalf. This could give you a break from legal action while you sort out a longer-term solution to deal with your debts.

Make sure you’re not missing out on financial support

If you’ve fallen behind with your rent, it’s also a good idea to check you’re not missing out on any financial support you’re entitled to that could help you catch up.

Check your section 8 notice

If your landlord doesn’t follow the correct procedure, your notice won’t be valid.

They must give you written notice using form 3 or a letter with the same information. The notice must include:

• your name
• your address
• the grounds for possession
• the justification for using those grounds
• the date court action can begin

If you don’t move out of your home by the date court action can begin, your landlord can apply for a possession order. They have to do this within 12 months of the date on your section 8 notice. If they do, you’ll be sent a claim form and a defence form.

Check the claim form for mistakes or anything you disagree with. Use the defence form to tell the court if there are reasons you shouldn’t be evicted.

You might be able to challenge your eviction if:

• your section 8 notice isn’t valid
• you have a good reason not to be forced out

If you need it, get legal help to complete the defence form.

You should then go to the court hearing. The court might:

• grant the possession order
• dismiss the case, meaning your landlord’s attempt to evict you is rejected
• make a suspended possession order – this lets you stay in your home if you meet certain conditions

If the possession order is granted, your landlord might use bailiffs if you:

• stay past the date in an outright possession order
• break the conditions in a suspended possession order

The bailiffs must give you at least two weeks’ notice of the date of eviction.

If you’re facing eviction and would like advice, Shelter can help.