Section 8 notice: what you need to know
Understanding your section 8 notice
If you owe rent, it’s called having rent arrears.
A private landlord can issue a section 8 notice if you have an assured or assured shorthold tenancy (AST) and they have a legal reason to evict you. If you’re not sure what type of tenancy you have, find out using Shelter’s tenancy checker.
There are lots of reason why your landlord might issue a section 8 notice.
This could be because of:
- rent arrears
- damages to your landlord’s property
- anti-social behaviour
- breach of tenancy agreement
In most cases, the legal reason is because of the tenant having rent arrears.
The reasons your landlord can evict you are called ‘ground for possession’.
The grounds to evict someone for rent arrears are:
- Ground 8 - if you owe at least 2 months’ rent
- Ground 10 - if you owe some rent
- Ground 11 - if you keep paying your rent late
The amount of notice you get will depend on the grounds for possession your landlord has used. You do not have to leave your home straight away.
Check if your section 8 notice is valid
Your section 8 notice may not be valid if your landlord has not put the right information on the notice.
Your landlord must provide the Section 8 notice in writing, either by using 'Form 3' or by sending a letter that includes the same details.
If you're unsure what Form 3 looks like, you can find it on the GOV.UK website.
A valid section 8 notice must include:
- your name
- the address of the property
- the ‘ground for possession’ - these are the reasons why your landlord wants you to leave your home (there are 17 ‘grounds for possession’ and they might try to use more than one)
- why the landlord can use the ground
- the date your notice ends - this is the earliest date your landlord could start court action
If your landlord hasn’t given your notice correctly, they could still ask the court to order you to leave your home. However, if your notice is not valid, you’ll have a chance to put your case forward and the court will make a decision.
What happens next?
If you don’t leave your home by the end of your notice, your landlord will need to get a possession order from the court.
A possession order says that you should be evicted. It means the court tells you to leave so the landlord can take the property back. The court may grant or deny the order depending on the grounds and circumstances. There might be things you can do to stop or prevent an eviction taking place.
Find out more about section 8 notices on the Shelter website.
How we can help
If you are being served a section 8 notice due to rent arrears, here are some things that you can do so that you are not taken to court.
Talk to your landlord about rent arrears
Here’s a helpful video from Shelter on how to talk to your landlord about rent arrears.
Talking to your landlord about rent arrearsMake a rent repayment plan
A great way to ensure you have enough money to pay rent is to make a note of your monthly outgoings and incomings.
Watch this video from Shelter about how to make a rent repayment plan to help you pay off rent arrears.
How to make a repayment plan for rent arrearsSpeak to someone before it’s too late
Our advisers are here to support you. To check whether your Section 8 notice is valid or to get advice tailored to your situation, contact us.
Last updated 01 July 2025