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.