My landlord has served a section 8 notice — what happens now?

Since section 21 ended in England, section 8 is the only route to possession, and it is a different kind of process: the landlord has to say why, and for many grounds the judge can decide it is not reasonable to make an order at all. That gives a tenant far more to work with than the old system did, but only if the deadlines are met — which means reading the notice carefully on the day it arrives rather than the week the case is listed.

Safety

Step by step

1. Read which ground is stated.The notice must specify the ground or grounds. The ground determines the notice period, whether the judge has any discretion, and what your defence looks like. A notice that does not name a ground is defective.
2. Check the notice period against the ground.Four months for the landlord or a family member moving in, for selling, and for redevelopment. Two months for several of the possession grounds relating to the landlord's own circumstances and for the death of the tenant. Four weeks for serious rent arrears and for persistent late payment. Two weeks for several breach grounds. Serious antisocial behaviour allows proceedings to be started immediately.
3. Check the twelve-month restriction.The grounds for the landlord or a family member moving in, and for selling, cannot be used in the first twelve months of the tenancy. If your tenancy began less than a year ago, that is a complete answer to those grounds.
4. Know which grounds are mandatory and which are not.On a mandatory ground, if the landlord proves the facts the judge must make an order. On a discretionary ground the judge must also be satisfied it is reasonable, which is where your circumstances, the history and any attempt to put things right count.
5. For rent arrears, check the level carefully.The mandatory arrears ground now requires at least three months' arrears — or thirteen weeks where rent is paid weekly or fortnightly — both when the notice is served and at the hearing. Paying the arrears below that level before the hearing removes the mandatory ground, though a discretionary arrears ground may remain.
6. Do nothing irreversible when the notice expires.Expiry only means the landlord may now apply to court. You remain entitled to live there. Handing back the keys ends your tenancy voluntarily and removes both your defence and, potentially, your position with the council.
7. Get free advice immediately.Shelter, Citizens Advice and your council's housing options team all deal with this daily and it costs nothing. Bring the notice, the tenancy paperwork, the deposit protection details and a rent statement.
8. Tell the council early if you may become homeless.Councils in England have a duty to help prevent homelessness for people threatened with it within a defined period. Approaching them when the notice arrives, rather than when the bailiff date comes, materially changes what they can do.
9. Respond to the claim form.If a possession claim is issued you will get court papers with a deadline to file a defence. Missing it is the single most damaging thing you can do. Free duty advice is available at court on the day, but a filed defence is better.
10. Understand what happens after an order.An outright order gives a date to leave. A suspended order lets you stay if you comply with conditions, usually paying rent plus something towards arrears. If you do not leave, the landlord applies for a warrant and a county court bailiff carries out the eviction, and you are notified of the date.
11. Check for counterclaims and defences.Unprotected deposit, disrepair, a retaliatory motive after you complained, failure to provide required documents, or an invalid notice can all be raised. An adviser will spot these; they are not obvious from the notice itself.

Tips

• Photograph or scan the notice the day it arrives, including the envelope. Service and dates are frequently the point that decides validity.
• Get a full rent statement from the landlord in writing. Arrears cases turn on the figure at two separate dates and the landlord's figure is often wrong.
• Approach the council when the notice arrives rather than when the bailiff date does. The prevention duty is much more useful early.

Common mistakes

• Moving out when the notice expires — It ends your tenancy voluntarily, removes every defence you had, and can affect how the council assesses a homelessness application.
• Ignoring the court papers — Deadlines in possession claims are short and a judge deciding without hearing from you is the worst available outcome. Free duty advice exists precisely for this.

If it doesn't work

Questions people ask