Quick summary: A Section 8 notice is the legal document a landlord must serve before seeking a court order to evict a tenant for specific reasons—most commonly rent arrears, breach of tenancy, or antisocial behaviour. Section 8 notices are frequently defective: wrong addresses, incorrect notice periods, flawed grounds, and procedural failures can all render a notice invalid. With Section 21 “no-fault” evictions being abolished in 2026, understanding Section 8 defences is more important than ever.
What Is a Section 8 Notice?
A Section 8 notice, formally called a “Notice of Seeking Possession,” is served under section 8 of the Housing Act 1988. It must:
Clearly state the landlord’s intention to seek a court order for possession
Specify the legal grounds relied upon (see Schedule 2, Housing Act 1988)
Indicate the earliest date court proceedings can begin
Provide enough detail (“particulars”) for the tenant to understand the case
The prescribed form for Section 8 is Form 3 (not Form 6A, which is for Section 21). After the notice period expires, the landlord can apply to the county court for a possession order. Unlike Section 21, Section 8 requires the landlord to prove grounds, so tenants can challenge both the notice and the underlying allegations.
Common Grounds Used by Landlords
Mandatory Grounds (court must grant possession if proved)
Ground | Description | Notice period |
|---|---|---|
Ground 8 | At least 2 months’ rent arrears at date of notice AND date of hearing | 2 weeks |
Ground 1 | Landlord previously lived in property and wants to return | 2 months |
Ground 2 | Mortgage lender entitled to possession | 2 months |
Ground 6 | Landlord intends to demolish or reconstruct | 2 months |
Discretionary Grounds (court decides if “reasonable”)
Ground | Description | Notice period |
|---|---|---|
Ground 10 | Some rent arrears (any amount) | 2 weeks |
Ground 11 | Persistent delay in paying rent | 2 weeks |
Ground 12 | Breach of tenancy obligation | 2 weeks |
Ground 14 | Nuisance or antisocial behaviour | Immediate (in some cases) |
Ground 8 is strong in rent arrears cases, but it’s vulnerable—arrears must be 2+ months at both the notice and hearing date.
When Is a Section 8 Notice Invalid?
Several common errors can invalidate a Section 8 notice:
Wrong or incomplete property address: The notice must match the tenancy agreement. Ambiguous or incorrect addresses, especially in HMOs, can cause confusion and invalidate the notice.
Incorrect grounds or insufficient particulars: Each ground must be numbered and explained. For Ground 8, the arrears figure must be accurate and reflect payments, including Housing Benefit or Universal Credit.
Incorrect notice period: Notice periods vary by ground and must be calculated from the date of service. Stating the wrong earliest date for proceedings is fatal.
Defective service: Notices must be served correctly—by hand, post (deemed served after 2 working days), or left at the property. Electronic service (email/text) is only valid if the tenancy agreement allows it. Proof of service is often required in court.
Expired notice: Section 8 notices are valid for 12 months from the earliest date for proceedings. If the landlord doesn’t issue court proceedings within this window, a new notice is needed.
Withdrawal and re-issue: If a landlord withdraws proceedings and serves a new notice to avoid an unfavourable outcome, tenants can argue abuse of process. Courts can strike out such claims under CPR Part 3.4.
Defences to Rent Arrears Claims (Grounds 8 and 10)
Tenants have several defences, even if the notice is technically valid:
Disputed arrears: Payments not credited, benefit payments in transit, or errors in the rent schedule can be challenged.
Equitable set-off: Counterclaims for deposit protection breaches, disrepair, or Rent Repayment Orders (RRO) can reduce arrears below the Ground 8 threshold.
Arrears below threshold at hearing: If arrears are less than 2 months at the hearing, Ground 8 fails. The landlord may rely on discretionary grounds, but the court must consider reasonableness.
Prior agreement to waive arrears: If the landlord previously agreed to waive arrears, this can be a contractual defence or estoppel.
Deposit protection: Failure to protect a deposit doesn’t invalidate Section 8, but tenants can counterclaim for penalties and use them as set-off.
HMO licensing: Operating an unlicensed HMO doesn’t block Section 8, but tenants can pursue an RRO and use licensing breaches as evidence of landlord conduct.
The Renters’ Rights Act 2025: Why This Matters More Now
From May 2026, Section 21 will be abolished. Every eviction will require specific grounds, making Section 8 (or its reformed equivalent) the main route to possession. This means:
More contested hearings
Greater scrutiny of notice validity
More tenants challenging grounds and raising counterclaims
Understanding Section 8 defences is now essential for every tenant in England.
How Caira Can Help
If you’ve received a Section 8 notice and are unsure whether it’s valid—or how to respond—Caira can help you:
Check the notice: Is the address correct? Are the grounds properly stated? Is the notice period right?
Identify defences: Disputed arrears, set-off, deposit breaches, disrepair counterclaims
Draft a defence: Prepare your response to the court claim (Form N11)
Prepare a counterclaim: Deposit penalties, RRO, disrepair—all in one document
Understand the timeline: What to do and when
£15/month. Free 14-day trial. No credit card required.
Disclaimer: This article is general information, not financial, tax, or legal advice.
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