If you get a ‘section 8’ eviction notice
This advice applies to England. See advice for See advice for Northern Ireland, See advice for Scotland, See advice for Wales
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If you get a section 8 notice, it's the first step your landlord has to take to make you leave your home. You won't have to leave your home straight away.
If your section 8 notice is valid, your landlord will need to go to court to evict you.
You might be able to challenge your eviction and stay longer in your home.
When you can get a section 8 notice
You might get a section 8 notice at any time during your tenancy. It depends on the reason your landlord is using to try to make you leave.
Your section 8 notice will only be valid if you've got an assured or assured shorthold tenancy.
You can check what type of tenancy you have on Shelter's website.
Your landlord has to give you a reason for giving you a section 8 notice - this is called a ‘ground for eviction’. There are lots of grounds your landlord can use, for example if you:
have rent arrears
damage your landlord's property
cause a nuisance to your neighbours
If you get a section 21 and a section 8 notice from your landlord
Your landlord could give you a section 21 notice as well as a section 8 notice. Your landlord doesn't need a reason for giving you a section 21 notice.
If you get a section 21 notice, don't ignore it. You'll need to deal with it as well as your section 8 notice - and the steps are different.
Read our advice on what to do if you've got a section 21 notice.
How much notice you'll get
The section 8 notice should say how long you have before the landlord can apply to court to evict you.
The rules about how much notice you get will depend on what type of landlord you have.
If you have a private landlord
The amount of notice you get will depend on what grounds for possession your landlord has used.
For example, your landlord has to give you:
4 months’ notice if they want to move into or sell the property
4 weeks’ notice if you haven’t paid your rent
2 weeks’ notice if you’ve damaged the property
2 months’ notice if your tenancy is connected to your employment and your job is ending
If the ground for possession is antisocial behaviour, your landlord can apply to the court as soon as they give you the section 8 notice.
If you got your notice before 1 May 2026 the notice periods might be different. If you’re worried about your notice period, talk to an adviser.
If your landlord is a housing association
The amount of notice you get will depend on what grounds for possession your landlord has used.
For example, your landlord has to give you:
2 months’ notice if they want to move into the property
2 weeks’ notice if you haven’t paid your rent
2 weeks’ notice if you’ve damaged the property
If you decide to leave your home
You should think about what your options are if you decide to leave your home.
If you leave your home before the date on your section 8 notice, you could be considered 'intentionally homeless'. This could make it harder for you to get help from your local council.
You should get help before you decide to leave your home.
Check your landlord has given your section 8 notice correctly
Your landlord should give your section 8 notice in writing. They’ll usually use ‘Form 3’ if they’re a housing association or ‘Form 3A’ if they’re a private landlord. The form can be different as long as it includes the same details. You can check what Form 3 and Form 3A look like on GOV.UK.
Your notice won't be valid if it doesn't include:
your name
the address of the property
the 'grounds for possession' - these are the reasons why your landlord wants you to leave your home
the date your notice ends - your landlord will need to get a possession order from the court if you don't leave by that date
If your landlord hasn't given you the notice correctly, they could still ask the court to order you to leave your home. You'll have a chance to put your case forward and the court will make a decision.
Check the reason on your section 8 notice is valid
Your landlord has to give you a valid reason for giving you a section 8 notice. These reasons are known as 'grounds for possession'. The court will have to accept your landlord's grounds for possession before they decide whether you have to leave.
Your section 8 notice should explain:
what grounds for possession your landlord is using to try to evict you - they might use a few
why your landlord is using the grounds for possession, for example if you have rent arrears, or if you've damaged the property
The grounds for possession are numbered 1-18. The court will decide whether you have to leave your home or if you can stay - it'll depend on the grounds for possession your landlord has used.
For each ground your landlord uses, the section 8 notice should give the ground number and wording, and the reason they’re using it.
Talk to an adviser if you need help understanding the grounds for possession your landlord is using.
If your landlord's grounds for possession are numbered 1 to 8
Your landlord will have to prove to the court the grounds for possession they've used are right for your situation. For example, if they use Ground 7A they’ll have to prove that a court has found someone in your home guilty of antisocial behaviour.
If your landlord can prove the grounds for possession, the court will usually have to order you to leave your home. This is because grounds 1-8 are 'mandatory grounds' for possession. This means that the court has to accept your landlord's reasons if they can prove them.
Grounds 1-8 also include things like if:
your landlord wants to move back into the property
your landlord is behind with their mortgage payments and the property is being repossessed
you've been convicted of a serious criminal offence near your home
Get help from your nearest Citizens Advice if you're not sure about the grounds for possession that have been used.
If you have rent arrears
It's a good idea to show the court you've tried to lower your rent arrears. Make sure you keep a record of what you've paid.
You should pay as much as you can afford to reduce your rent arrears. It could mean the court will decide you can stay in your home. Find out more about dealing with rent arrears.
Your landlord can use more than 1 ground for possession if you have rent arrears or if you've paid your rent late. The grounds for possession your landlord can use will depend on your situation.
Your landlord will have to prove the amount of arrears you have to the court. They'll also need to show you had the arrears when you got the section 8 notice.
If your section 8 notice says your landlord is using 'ground 8' and the court accepts your landlord's case, you'll usually have to leave your home.
Your landlord can only use 'Ground 8' if you have a certain amount of rent arrears.
If you have a private landlord and they gave you the section 8 notice on or after 1 May 2026, your arrears must be at least:
3 months - if you pay your rent monthly
13 weeks - if you pay your rent weekly or fortnightly
If you get the housing costs element of Universal Credit from the Department for Work and Pensions (DWP), there’s a special rule. If they’ve decided they’ll pay you an amount for housing costs but you haven’t got it yet, this should be taken off your rent arrears. For example, if you owe 3 months’ rent but the DWP owe you 1 months’ rent, your landlord can’t use ground 8.
If your landlord is a housing association or if they gave you the section 8 notice before 1 May 2026, your arrears must be at least:
2 months - if you pay your rent monthly
8 weeks - if you pay your rent weekly
3 months - if you pay your rent quarterly or yearly
If you can reduce your rent arrears below these levels before the court hearing, your landlord won't be able to prove ground 8. The court will then decide if it's reasonable for you to leave your home.
If you think your landlord owes you money, you might be able to ask the court to use this money to lower your arrears. Your landlord might owe you money if they:
haven't done repairs they're responsible for
have discriminated against you - check if your housing problem is discrimination
The court is more likely to decide you can stay in your home if you can show you're dealing with your rent arrears and can afford to keep paying your rent.
Joe has a private landlord. He pays his rent weekly and is 14 weeks behind with his rent. His landlord gives him a section 8 notice on 1 June 2026 and uses grounds for possession numbered 8 and 10.
Ground 8 is a 'mandatory' ground for possession. If Joe's landlord can prove he is at least 13 weeks behind with his rent when he got the notice and when he went to court, the court will have to order that he can be evicted.
Ground 10 is a 'discretionary' ground for possession and can be used for any amount of rent arrears. This means if Joe's landlord can prove he is behind with his rent, the court will decide whether it's reasonable for him to be evicted.
If Joe is able to pay back 2 weeks' rent arrears before the date of the court hearing, he'll only have 12 weeks of rent arrears.
This means that Joe's landlord can't prove he's 13 weeks behind with his rent in court. His landlord can still prove that Joe has rent arrears but the court can decide whether he can stay in his home.
If your landlord's grounds for possession are numbered 9-18
Your landlord will have to show the court that the grounds for possession they've used are right for your situation. For example, because you're in rent arrears or because you've damaged the property.
The court will then decide whether they accept your landlord's grounds and think it's reasonable for you to leave your home. This is because grounds 9-18 are 'discretionary grounds'.
If your landlord has 2 or more grounds for possession
Your landlord might use more than one ground for possession. For example, if you're in rent arrears there are 3 grounds that can be used.
Grounds 1 to 8 are ‘mandatory grounds’. If your landlord proves any mandatory grounds, the court must order you to leave your home.
Grounds 9 to 18 are ‘discretionary grounds’. If your landlord only proves discretionary grounds, the court will decide if it’s reasonable to make you leave your home.
Challenge your eviction
You might be able to challenge your eviction if your section 8 notice isn't valid or you have a good reason why you shouldn't leave your home. This is called 'defending possession'.
It's a good idea to talk to your landlord if you feel able to. They might decide to let you stay in your home if you can show you can repay your arrears, for example.
If you don't leave your home
If you don't leave by the date on your section 8 notice, your landlord will have to apply to court to make you leave. This is called starting a possession claim. Your landlord can only do this after the date given on your section 8 notice.
The landlord must apply to court by a deadline. The rules about the deadline depend on when you got the notice.
If you got the notice before 1 May 2026, the deadline is the earlier out of:
the end of July 2026
12 months after the landlord gave you the notice
If you got the notice on or after 1 May 2026, the deadline is 12 months after the landlord gave you the notice.
If your landlord misses the deadline to apply to court, they’ll need to give you a new notice to evict you.
If you get court papers
You'll get court papers when your landlord starts a possession claim.
The papers will include a copy of the form your landlord filled in when they started the claim – this is called the ‘claim form’. The claim form tells you why your landlord is trying to make you leave your home.
The court papers will tell you where and when the court hearing will be.
The papers will also include a form to challenge the eviction – this is called a 'defence form'.
You might be able to challenge your eviction and stay in your home. You should act straight away if you get court papers.
You might have to pay your landlord's court costs if your landlord starts a possession claim. Court costs can be expensive.
You can usually get free legal advice and legal representation from the government’s Housing Loss Prevention Advice Service (HLPAS). It doesn’t matter how much income you have. Check what help you can get from HLPAS and find a provider on GOV.UK.
If you can’t get help from HLPAS, you might be able to get legal aid to help you with your case.
Write down why you’re challenging the eviction
You can challenge your eviction if for example your landlord:
hasn't included the right details on your notice
hasn't given you a proper reason
hasn’t protected your tenancy deposit - check if your landlord protected your tenancy deposit
If you can, talk to an adviser before you challenge your eviction.
You can use the defence form that came with the court papers to give your reasons for challenging your eviction. You can also find a copy of the defence form on GOV.UK – it’s called form N11.
If you find it difficult to use the defence form, write what you want to say on a piece of paper instead. Write your case number on the piece of paper – you can find your case number on the claim form.
It's best to give as much detail as possible - the court will look at what you say to decide whether you can stay in your home.
If you get a possession order, you'll usually have to pay any court costs within 14 days. Ask the court if you want to pay the court costs over a longer time - for example by making a smaller payment every month.
If you think your landlord has discriminated against you
If your landlord has treated you unfairly because of who you are, you might be able to stop your eviction. For example, they might have harassed you because of your gender or refused to make changes for your disability.
The court might stop the eviction or award you compensation to lower any rent arrears you owe.
Check if your problem counts as discrimination to find out whether you can add it to your eviction defence.
If the reason you're being evicted is connected to your disability
You might be able to challenge the eviction. For example if you’re being evicted for rent arrears, but the reason you got into rent arrears was because your learning difficulty made it hard to follow your landlord’s payment policy.
You might be able to defend your eviction using discrimination law - check if your housing problem is discrimination.
If you're being evicted because you complained about discrimination before
This could be a type of discrimination called victimisation. You might be able to defend your eviction using discrimination law.
If you’re being evicted because you have children
If you got a section 8 notice before 1 May 2026, talk to an adviser.
If you got a section 8 notice on or after 1 May 2026, you might be able to stop the eviction.
If your tenancy agreement has a term that bans children, this can’t usually be used to evict you. This is because from 1 May 2026 this term no longer applies - even if your agreement was signed before this date.
A landlord can only evict someone because they have children living with or visiting them if they have a good reason. For example, they can’t let more people live there than are legally allowed to. This is called ‘overcrowding’.
If you’re not sure whether the property would be overcrowded, you can talk to an adviser.
If your landlord says their mortgage agreement bans children, you should tell them this term no longer applies. They can’t evict you because of that term.
If your landlord says a term in their insurance bans children, ask when the insurance contract started. If they started or renewed their insurance after 1 May 2026, this term no longer applies - they can’t evict you because of that term.
Check if you’ve experienced discrimination under the Equality Act 2010
If you’ve been treated unfairly or harassed by a landlord or letting agent, it might also be discrimination under the Equality Act 2010.
You’ll need to check if it was because of a characteristic that’s protected by the Equality Act - these are things like age, disability or race.
If you’re being evicted because you get benefits
If you got a section 8 notice before 1 May 2026, talk to an adviser.
If you got a section 8 notice on or after 1 May 2026, you might be able to stop the eviction.
If your tenancy agreement has a term that bans people who get benefits, this can’t usually be used to evict you. This is because from 1 May 2026 this term no longer applies - even if your agreement was signed before this date.
If your landlord says their mortgage agreement bans people who get benefits, you should tell them this term no longer applies. They can’t evict you because of that term.
If your landlord says a term in their insurance bans people who get benefits, ask when the insurance contract started. If they started or renewed their insurance after 1 May 2026, this term no longer applies - they can’t evict you because of that term.
Check if you’ve experienced discrimination under the Equality Act 2010
If you’ve been treated unfairly or harassed by a landlord or letting agent, it might also be discrimination under the Equality Act 2010.
You’ll need to check if it was because of a characteristic that’s protected by the Equality Act - these are things like age, disability or race.
If water charges were included in your rent
If your landlord has charged you too much for water, you might be able to stop them evicting you. Check if your landlord overcharged you for water and what you can do.
Explain how you're making the situation better
Your landlord might be able to evict you using a section 8 notice if, for example:
you don't pay your rent, or pay it late
you've damaged your home
You might be able to defend your section 8 notice if you explain to the court what you're doing to put things right. For example if you've paid some of your rent arrears or if you've repaired any damage you caused. You should also explain why it won't happen again.
Make sure you write on your defence form why you think you should be allowed to stay in your home.
Delaying the date you'll need to leave
You should use the defence form to explain to the court why you think you should have more time in your home. You'll need to explain your situation in as much detail as you can.
The court could delay the date you'll need to leave your home. The amount of extra time the court can give you depends on the reason, or ground, your landlord is using.
If your landlord has only used grounds 9 to 18, the court might let you stay in your home if you follow their orders. For example, you might have to pay off your arrears by a specific date.
If your landlord used grounds 1 to 8, the court can delay the date you’ll need to leave by up to 6 weeks. They’ll only do this if leaving in the usual 14 days would cause you serious problems. You'll need to have a good reason to delay the date you leave, for example if you've got a serious illness or disability.
The court will decide whether you can stay in your home and how long for.
Send the defence to the court
You should send the defence form or what you've written back to the court within 14 days - the address will be on the form. If you miss the deadline, you should still send it as soon as possible. Make sure you keep a copy - you'll need to remember what you've written later on.
The court hearing
The court papers will tell you where and when the court hearing will be. This is called the ‘possession hearing’.
You can usually talk to a free legal adviser on the day of your possession hearing – they’re called the ‘duty adviser’. Before the hearing, read the letters from the court and make sure you know how to contact the duty adviser on the day.
Prepare for your possession hearing
You should go to the possession hearing – even if you didn’t send a defence form. The hearing is your chance to put forward your case in court and give reasons why you should stay in your home.
If you can’t go to the possession hearing, tell the court as soon as possible. Explain why you can’t go – for example because you’re in hospital. The court might:
arrange for the hearing to happen by phone or video call
change the date of the hearing
You can check how to prepare if the court decides to arrange a hearing by phone or video call.
Read all the documents you've got from the court and your landlord. Take any evidence with you to court, for example:
a copy of your tenancy agreement
a letter from your GP if you couldn't pay your rent because you were ill and unable to work
a bank statement or wage slip to show how much you can afford to repay if you're in rent arrears
Getting legal help
You can usually get free legal advice and legal representation from the government’s Housing Loss Prevention Advice Service (HLPAS). It doesn’t matter how much income you have. Check what help you can get from HLPAS and find a provider on GOV.UK.
On the day of the hearing, you’ll also be able to contact the duty adviser – it doesn’t matter how much income you have. Before the date of the possession hearing, read the letters from the court and make sure you know how to contact the duty adviser.
If you can’t contact the duty adviser on the day of the hearing, tell the usher or the judge before the hearing starts – the judge might agree to delay the hearing.
Talk to an adviser to find out what legal advice you can get.
Go to your possession hearing
You should make sure you go to the possession hearing even if you've not sent your defence. It's your opportunity to explain your situation to the court.
You could give any extra evidence you have, for example if you've got a new job and could afford to pay back some arrears.
If you've sent your defence form and you don't go to the hearing, the court could ignore it and just rely on the evidence your landlord has given them.
You can take someone with you for support, for example a friend or family member. They might not be able to speak for you in court.
Getting a decision from the court
You'll be told by the court if you can stay in your home or if you'll have to leave.
They'll usually tell you their decision on the day of the hearing.
If the court needs more information, they might decide to hear the case on another day.
If you don't go to the hearing, you could find out the court's decision by phoning them or speaking to your landlord. The court will also send a letter telling you whether you have to leave your home.
Even if you have to leave your home, the court might give you more time to find somewhere else to live.
If you have to leave
You normally won't have to leave your home straight away - you'll get a notice from the court telling you when you're supposed to leave. This is called an 'outright possession order'.
You'll usually be given 14 days to leave, but it could be longer.
You can appeal against the decision of the possession order, but only if you can prove that mistakes were made in the possession hearing. For example if the court didn't look at relevant information or used the wrong law.
You might be able to stop a possession order if your situation changes, for example if you start getting benefits and can repay your rent arrears. This is known as 'suspending' a possession order. Whether you can do this depends on the ground your landlord uses.
Contact your nearest Citizens Advice if you get a possession order.
If you couldn't go to the court hearing
If you couldn't go to the court hearing you might be able to get the court to look at your case again.
Contact your nearest Citizens Advice for help if you couldn't go to the court hearing.
If you can stay in your home
If the court accepts your defence, they could decide to:
let you stay in your home if you meet certain conditions, for example if you pay your arrears - this is known as 'suspending' a possession order
dismiss your landlord's case - this means you'll stay in your home and you won't need to meet any conditions
You'll only be able to suspend a possession order if your landlord has used grounds 9-18. This is because they are discretionary grounds.
You might have to pay court costs - the judge will tell you how much.
You can also apply to change an order later, for example if you can't keep to the terms of the order any more.
If you don't leave your home
Get help from your nearest Citizens Advice straight away if you've been told bailiffs are coming to your home.
Your landlord will have to get an eviction warrant from the court if you don't leave your home by the date on the possession order. This means they can ask the court to send 'enforcement officers' to make you leave.
Enforcement officers are also known as bailiffs. Bailiffs are employed by the court to help landlords get their property back.
Bailiffs have to give you a notice of eviction with the date and time of your eviction. They have to give you the notice at least 14 days before they evict you.
Depending on the ground your landlord has used, you might be able to ask the court again to delay the date you'll need to leave. For example if you can now repay your arrears in a reasonable time.
Bailiffs shouldn't evict you if you:
have symptoms of coronavirus or test positive for coronavirus
are waiting for a coronavirus test result
were told to self-isolate by the NHS or you have to quarantine for travel
If you're in one of these situations, you should tell the court and the bailiffs - their contact details will be on the notice of eviction. They’ll arrange another time to evict you - they have to give you another 7 days’ notice.
If your landlord forces you to leave without an eviction warrant
This is likely to be an illegal eviction if your landlord makes you leave by:
changing the locks
stopping you using part of your home
threatening or physically harassing you to leave
turning off the water or energy supply
If this happens you should report it to the police.
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