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Section 8

A possession notice served on tenants for specific legal grounds such as rent arrears or antisocial behaviour, now the primary route to possession following abolition of Section 21.

Section 8 of the Housing Act 1988 allows landlords to seek possession of a rented property by citing one or more of the prescribed grounds for possession set out in Schedule 2 of the Act.

With the abolition of Section 21 no-fault evictions under the Renters' Rights Act 2025, Section 8 is now the primary route by which landlords can regain possession of their property.

Key grounds used by landlords: - Ground 8 (mandatory): at least two months' (or 8 weeks') rent arrears at time of notice and at hearing. Court must grant possession if proved. - Ground 10 (discretionary): any rent arrears. Court has discretion. - Ground 14 (discretionary): nuisance or antisocial behaviour. - Ground 1: landlord requires property as main or only home. - Ground 1A: landlord intends to sell.

The process: serve Section 8 notice with the relevant grounds stated, wait the required notice period (varies by ground), apply to the court if the tenant does not vacate, attend the possession hearing.

The court process for possession, even on mandatory grounds, can take 4-8 months and longer in courts with large backlogs. Landlord insurance with legal expenses cover can fund the solicitor costs.

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