A Section 8 notice is the formal written notice a landlord must serve before issuing a possession claim. The notice period is the gap between serving the notice and the earliest date you can start court proceedings. Get it wrong — too short, wrong form, wrong date calculation — and the court will throw out your claim and you will have to serve again from scratch.
From 1 May 2026, the Renters' Rights Act increased most Section 8 notice periods significantly. Landlords relying on pre-Act templates or old notice period figures risk invalidating their claim.
Section 8 notice periods by ground — updated for 2026
The notice period for each ground from 1 May 2026. If you are serving a notice on or after that date, these are the figures that apply — not the pre-Act figures.
- Ground 1 (landlord/family moving in) — 4 months. Mandatory. Tenancy must be at least 12 months old.
- Ground 1A (landlord intends to sell) — 4 months. New mandatory ground added by the Renters' Rights Act. Cannot be used in first 12 months. Property cannot be re-let within 3 years of possession.
- Ground 2 (mortgage repossession) — 4 months. Mandatory.
- Ground 4 (student HMO — end of year) — 4 months. Mandatory. Fixed educational year lettings only.
- Ground 6 (redevelopment) — 4 months. Mandatory.
- Ground 7 (succession tenancy) — 2 months. Mandatory.
- Ground 7A (serious anti-social behaviour) — No minimum. Court-only discretionary ground.
- Ground 7B (no right to rent) — 2 weeks. Mandatory. Home Office must confirm.
- Ground 8 (3 months' rent arrears) — 4 weeks. Mandatory. Arrears threshold raised to 3 months from 1 May 2026. Arrears must persist at the notice date AND the hearing date.
- Grounds 10–11 (some arrears / persistent delays) — 4 weeks. Discretionary.
- Grounds 12–13 (breach / deterioration) — 4 weeks. Discretionary.
- Ground 14 (nuisance / ASB) — Immediate (1 month before proceedings). Discretionary. Proceedings can be issued the same day as notice.
- Ground 15 (deterioration of furniture) — 4 weeks. Discretionary.
- Ground 17 (false statement) — 2 weeks. Discretionary.
How to calculate the notice period correctly
The notice period runs from the date of service — not the date on the notice. If you post the notice, add two working days for first-class post. The 'earliest proceedings date' on the notice must be at least the full notice period after the deemed service date. A one-day error invalidates the notice.
- Date of service — the date the notice is actually received or deemed received. This is where the notice period clock starts.
- Notice period — count the full statutory period from the service date.
- Earliest proceedings date — the day after the notice period expires. This must appear on the face of the notice.
- Check your tenancy agreement — some agreements specify how notices must be served. If the agreement requires recorded delivery, first-class post alone may not be valid.
What changed on 1 May 2026?
The Renters' Rights Act 2025 made significant changes to Section 8 notice periods and the grounds themselves. Key changes:
- Ground 8 arrears threshold raised from 2 months to 3 months. You now need three months of arrears, not two, to use the mandatory rent-arrears ground.
- Grounds 1, 1A, 2, 4 and 6 now require 4 months' notice — up from 2 months under the pre-Act regime.
- Most discretionary grounds now require 4 weeks' notice — up from 2 weeks in many cases.
- New Ground 1A added — allows possession where the landlord intends to sell, subject to conditions.
- Section 21 abolished. No Section 21 notices are valid on or after 1 May 2026.
Does the notice period restart if I make an error?
Yes. A defective notice — wrong form, wrong notice period, miscalculated earliest proceedings date, or invalid service method — is void. You must serve a new, valid notice and wait the full notice period again from the new service date. There is no ability to retrospectively amend a served notice.
After the notice period: issuing court proceedings
Once the notice period expires, you have the right to issue possession proceedings in the county court. You must issue within 12 months of the notice — after 12 months the notice lapses and you must serve again.
- Form N5 — Claim for Possession of Property.
- Form N119 — Particulars of Claim for Possession (residential).
- Court issue fee — payable at HMCTS (check current schedule).
- First hearing — usually 6–10 weeks after issue. Undefended mandatory grounds may be dealt with on paper.
Frequently asked questions
What is the minimum notice period for Section 8?+
It depends on the ground. The shortest is no minimum for Ground 7A (serious ASB), and 2 weeks for Ground 7B (no right to rent) and Ground 17 (false statement). Most other grounds require 4 weeks or 4 months from 1 May 2026. Always check the specific ground you intend to use.
How long does Section 8 eviction take in total?+
From serving the notice to recovering possession, expect a minimum of 3–6 months for an undefended mandatory ground claim: 4 months' notice (for most grounds) + 6–10 weeks to first hearing + 2–4 weeks for bailiff enforcement if needed. Defended claims can take 9–18 months.
Can I serve a Section 8 notice during a fixed-term tenancy?+
From 1 May 2026, fixed-term ASTs no longer exist for new tenancies — all new private tenancies are periodic from day one. For any pre-commencement fixed-term that auto-converted to periodic on 1 May 2026, you can serve a Section 8 notice at any time during the periodic tenancy.
Does the Section 8 notice period apply to HMOs?+
Yes. HMO tenancies that are Assured Periodic Tenancies are subject to the same Section 8 notice periods as any other assured tenancy. Ground 4 (student HMO, end of academic year) is specifically designed for educational lettings and requires 4 months' notice.
Can I cite multiple grounds on one Section 8 notice?+
Yes. You can cite multiple grounds on one notice form. The notice period is determined by the ground with the longest requirement — you must wait for the longest period before issuing proceedings. Citing both mandatory and discretionary grounds gives you fallback options at the hearing.
What if the arrears drop below 3 months before the court hearing?+
For mandatory Ground 8, the arrears must meet the threshold (3 months from 1 May 2026) at both the notice date and the court hearing date. If the tenant pays enough to bring arrears below 3 months before the hearing, the mandatory ground fails and you would need to rely on a discretionary ground (e.g. Ground 10 or 11) if cited on the same notice.