Section 8 Notice Serving.

The Renters’ Rights Act 2025 has seen the biggest shake up in tenancy law in England since the Housing Act 1988. Now that Section 21 has been abolished, Section 8 Notices are now the main legal route for landlords to regain possession. Evictions must be based on specific and provable grounds, such as rent arrears or the landlord’s intention to sell or move in.

Understanding the changes in Section 8 Notices is now essential for navigating tenancy law in England.

All tenancies are now Section 4A Assured Periodic Tenancies, rolling monthly in line with rent payments. Fixed term Assured Shorthold Tenancy (AST) are no longer valid and landlords can only request one month’s rent in advance – and any further advance payments during the tenancy are unenforceable.

Evictions for sale or move-in reasons require four months’ notice and cannot be used during the first 12 months of a tenancy. The new Ground 4A applies to student Houses in Multiple Occupation (HMO), allowing landlords to regain possession if the tenancy is with full-time students, signed within six months of the move-in date and the notice expires between 1st June and 30th September.

Rent increases are limited to once per year with Section 13 and in line with market rent. Tenants can challenge increases at the First-tier Tribunal, which may reduce rent or delay the increase if it causes hardship.

Tenants now have the right to request pets and landlords must respond within 28 days. Refusals must be reasonable, with government guidance expected to clarify acceptable grounds.

All existing compliance requirements remain in place, including EICRs, Gas Safety Certificates, and deposit protection. These ensure tenancies remain safe and legally sound.

Notice varies depending on which grounds of possession the landlord wishes to use in the Section 8 Grounds process. These range from 2 weeks’ notice for ground 12 (breach of tenancy) to 4 months for ground 2 (sale by mortgagee).

Notices are sent within 48 hours of instruction – often on the same day. However, this depends on the accuracy and correctness of documents, as well as the speed that you can get information and evidence to us. It is vitally important that we do not compromise thoroughness for speed – getting the Section 8 Notice in order and legal compliance are of paramount importance.

Please see the Strikes Property Services Group ‘Section 8 Checklist’ document, which can be found here, or here [NRLA website]. If you are unsure of anything, please call 0113 322 9555.

All Section 8 forms clearly state the expiration date of the notice. This date means that the tenant must have either paid all arrears, rectified the breaches, or vacated the property. If the tenant refuses to vacate by this date (assuming they haven’t taken corrective action), the landlord can start the court possession proceedings the following day.

This is down to the courts. The new Section 8 grounds will play a role in decision making, as some are mandatory and some are discretionary. All evidence submitted to the courts will be considered including extenuating circumstances suffered by the tenant before the decision is made. Ultimately, on some Section 8 grounds it comes down to hard evidence and facts.

Section 8 is now the main legal route for landlords to regain possession of their property, following the abolition of Section 21 “no-fault” evictions. It allows landlords to evict tenants provided they follow the correct legal process:

• There must be a valid tenancy agreement in place, typically an Assured Periodic Tenancy under the new law.
• One or more legal grounds for possession must be evidenced.
• Complete Form 3 and specify the appropriate notice period for the ground(s) used.
• No other possession proceedings may have been started, unless they are already withdrawn.
• The property must be located in England or Wales (different rules apply in Scotland and Northern Ireland).
• The tenant must be given the full Section 8 notice period to respond.