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Section 8: Notice of proceedings for possession.

Housing Act 1988 · 1988 c. 50View on legislation.gov.uk

Our take on Section 8: Notice of proceedings for possession.

A section 8 notice starts a countdown to court, and nobody has to leave the day it ends. Since 1 May 2026 a private landlord in England must use the new prescribed form, name each ground with particulars and allow the longest period among them, four months to sell or move in, four weeks for rent arrears, two weeks for most breaches and none for antisocial behaviour. The claim must then start within 12 months. In our view those are a tenant's first check. A judge can excuse a faulty notice where that is fair, though never on the mandatory arrears, serious antisocial behaviour or right to rent grounds. Housing association social tenants keep the older rules for now.

Part I: Rented Accommodation — chapter I: Assured Tenancies

The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—

the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with (3) to (4B) below; or
the court considers it just and equitable to dispense with the requirement of such a notice.

The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.

A notice under this section is one in the prescribed form informing the tenant that—

the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and
those proceedings will not begin earlier than a date specified in the notice in accordance with subsections (3A) to (4B) below; and
those proceedings will not begin later than twelve months from the date of service of the notice.

If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than—

in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section;
in the case of a fixed term tenancy, one month after the date on which the notice was served.

If a notice under this section specifies in accordance with subsection (3)(a) above Ground 14 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 7A), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.

If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground 7A or 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—

two months from the date of service of the notice; and
if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.

In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.

A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F).

Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within—

the period of 12 months beginning with the day of the conviction, or
if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.

Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within—

the period of 12 months beginning with the day on which the court has made the finding, or
if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within—

the period of 3 months beginning with the day on which the closure order was made, or
if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 7A , 7B or 8 in Schedule 2 to this Act.

Where a notice under this section—

is served at a time when the dwelling-house is let on a fixed term tenancy, or
is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,

the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.