ComplianceJul 2026~6 min

How to serve a Section 8 notice under the Renters' Rights Act 2025

The Renters' Rights Act 2025 abolished Section 21 “no fault” evictions. That leaves Section 8 — a notice seeking possession on specific legal grounds — as the main route for a landlord to end a tenancy. It is more powerful than S21 in some ways and far less forgiving of mistakes. Here is how it actually works.

Not legal advice

This is a practical overview, not legal advice. Grounds and notice periods changed under the RRA 2025 and can change again by regulation — always confirm the current position for your specific ground before you serve, and take advice on contested cases.

Step 1 — You need a ground

Unlike S21, S8 requires a reason, drawn from the grounds in Schedule 2 of the Housing Act 1988 (as amended by the RRA). Grounds fall into two types:

Mandatory grounds — if you prove the ground, the court must grant possession. The best known is serious rent arrears. Discretionary grounds — the court grants possession only if it considers it reasonable (for example, persistent late payment, breach of a tenancy term, or anti-social behaviour).

Rent arrears

Mandatory where arrears reach the statutory threshold at notice and hearing

Landlord grounds

Selling or moving in — restricted in the early months of a tenancy

Conduct grounds

Anti-social behaviour, breach of terms — often discretionary

Fig. 1 — The common grounds, grouped. Which ground you use determines the notice period and how much discretion the court has.

Step 2 — Check the prerequisites (this is where claims die)

A notice can be perfectly worded and still be worthless if you haven't met your own obligations. Before a court will entertain a possession claim, expect the tenant's defence to test whether you:

Protected the deposit in a government-approved scheme and served the prescribed information; hold a valid gas safety certificate and gave the tenant a copy; provided a valid EPC and the required tenancy information. Miss one and a mandatory ground can collapse into a wasted hearing.

The most common own goal

Unprotected or late-protected deposits, and missing gas certificates, sink more possession claims than bad drafting does. Fix the paperwork before you serve, not after the tenant's solicitor finds the gap.

Step 3 — Serve the right notice, the right way

Possession on S8 grounds is served on the prescribed form, stating each ground you rely on and the particulars. The notice period depends on the grounds — some are short, others require months' notice — so using the wrong period invalidates the notice. Serve it correctly (and keep proof of service), then wait out the notice period.

Choose grounds

Mandatory and/or discretionary — each carries its own notice period.

Clear prerequisites

Deposit protected, gas cert, EPC, required info — all in order.

Serve the notice

Prescribed form, correct period, proof of service kept.

Apply to court

If the tenant hasn't left once the notice expires.

Fig. 2 — The Section 8 path. Most failed claims fail at the second box, not the last one.

Step 4 — If they don't leave

A Section 8 notice does not itself evict anyone — it's the first step. If the tenant remains after the notice expires, you apply to the court for a possession order, and if necessary a warrant for bailiffs. Never change the locks or force a tenant out; that's an unlawful eviction and a criminal offence.

How Tekniti helps

Tekniti's notice tools check the prerequisites before you serve — flagging an unprotected deposit, a missing gas certificate or an ineligible ground — and generate the correct notice for the grounds you pick, with a dated evidence trail for court. Start a 7-day trial at app.tekniti.ai or read the Renters' Rights Act guide.

If you manage rental properties and want to see how Tekniti handles this automatically, get in touch at hello@tekniti.ai.