S8 notices: What’s new?

The Renters’ Rights Act 2025 (Act) is now in force in part and one of the biggest changes, the abolition of s21 notices and introduction of new grounds for s8, kicks in from 1 May 2026. This will have a huge impact on landlords and their ability to gain possession of their properties.

In this article, Claire Richmond explains the key changes landlords can expect relating to section 8 (s8) notices.

So, what’s new?

Let’s start at the very beginning - a s8 notice is a tool used by landlords to obtain possession of their property. Schedule 2 of the Housing Act 1988 sets out the current grounds for possession. Prior to 1 May 2026, there were 11 mandatory grounds (15 if you regarded all of the conditions in 7A as separate grounds) where the court must order possession if the ground is proven, and 11 discretionary grounds – where the court may order possession, if it considers it reasonable, but is not mandated to do so.

From 1 May 2026, there are now 37 grounds in total. 26 mandatory grounds for possession (Grounds 1 – 8), and 11 discretionary grounds for possession (Grounds 9 -18). There are various reasons for issuing your tenant with a s8 notice. These vary from rent arrears, anti-social behaviour, damage to property, or some other breach of the tenancy agreement.

The Act is intended to clarify and expand the grounds for possession whilst at the same time, ensuring tenants are protected from arbitrary eviction and given enough time to find a new home.

Take ‘notice’ of some key changes 

As well as there being numerous new grounds a landlord can rely on, there are other changes to be aware of. Predominantly, the notice periods for some of the grounds have increased from two weeks to 4 weeks (specifically, grounds 8, 10 and 11).

Another change to be aware of is that if using more than one ground, unless relying on ground 7A and/or 14, then the longest notice period must be used; previously, the shortest notice period could be relied upon.

The general notice period on mandatory grounds is four months, other than in specific circumstances, such as ground 4 - a property formerly let to a student from an exempted education institution will be a two-week notice period; ground 5 - supported accommodation will be a four-week notice period; ground 7 - death of tenant will be two months' notice period.

One of the most common reasons we see for issuing a s8 notice is rent arrears. The current ground 8 states that if, at the date of service of the notice on the tenant and at the date of the subsequent possession hearing, where rent is due weekly, fortnightly or monthly and there are eight weeks (for weekly rent) or two months (for monthly rent) worth of arrears, then the landlord has a mandatory ground for possession.  

Once the landlord has served notice on the tenant, the tenant is afforded two weeks to either clear the arrears or provide vacant possession, under the current s8 ground. Failure to do so can result in possession proceedings being issued. As discussed above, if the arrears reach the threshold at the time of the possession hearing, the court must award possession.

The Act has raised the arrears threshold to three months and the notice period to four weeks to provide increased protection to renters who may find themselves in temporary financial difficulty and, given the longer timescales, may be able to clear the arrears without losing their home. Rent unpaid because a payment of Universal Credit is expected should also be ignored.

Transitional provisions 

So, what happens to s8 notices served prior to 1 May 2026? Well, the good news is they will be valid until proceedings are concluded. The not so good news is that proceedings must be issued within the shorter of:

• 12 months from the date the notice is served; or
• 3 months from the commencement date.

In reality, this means that proceedings on a s8 notice issued prior to 1 May 2026 need to be issued no later than 31 July 2026.

Out with the old, in with the new 

We must, of course, address the much-publicised abolition of the 'No-Fault Eviction' or, to give them their correct title, section 21 notices. Whilst s21 notices will be no more, there are some new grounds inserted into s8 which, in essence, do the same job. The Act recognises that there will always be situations where landlords’ personal situations change and that, regrettably, a landlord may require possession of their property through no fault of the tenant.

At the same time, a balance must be struck where tenants are not made homeless when a landlord wants possession of their property on a whim. As such, the Act introduces rights for landlords to reclaim their properties in certain situations where the tenant is at no fault.

From 1 May 2026, there will be a new ground 1A coming into force, which enables a landlord who wishes to sell the property to serve a section 8 notice. This is a mandatory ground, meaning the court must order possession. However, there are certain criteria to be met in order to be able to rely on this ground: 

1. the landlord must intend to sell a freehold or leasehold interest in the property or grant a lease of the dwelling-house for a term certain of more than 21 years, which is not terminable before the end of that term by notice given by or to the landlord.
   
   
2. the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976.
   
   
3. the current tenancy began at least 1 year before the relevant date, being 1 May 2026; and
   
   
4. the landlord seeking possession is not a social housing provider. 

If relying on ground 1A, the notice period will be four months, beginning with the date of service of the notice. It is important, however, to note that if a landlord relies on this ground, they will not be able to relet the property or market it as available for rent for the following 12 months. Doing so is an offence, and landlords can be given a financial penalty of up to £40,000 as an alternative to prosecution if they are found to have done so.  

Landlords must take note that they should only rely on ground 1A if they are intending to sell the property, and not if they intend to simply transfer (or gift) the property to a family member. If a landlord or a family member wanted to move into the property to use it as their only or principal home, then they would be better placed to rely on ground 1. There are penalties for non-compliance with the legislation and as such, it is imperative that landlords choose the correct ground based on what they intend to do with the property.

It is worth reading the guidance around the new grounds to familiarise yourself with the new notice periods. A full list of the new grounds can be found on the Government’s website.

For more information on the new legislation relating to s8 notices, please contact Claire via [email protected] or 0191 2117879.