Landlord and Tenancy matters

Will the Renters’ Rights Bill Affect Section 8 Notices?

Here at SHL Solicitors, we are happy to help with your legal matters. My name is John Houghton, I am an experienced Senior Litigation Executive within the practice, and I specialise in commercial Civil Litigation. I have a wealth of knowledge in dealing with Landlord and Tenant issues and possession proceedings, both from a Claimant and Defendant position.

We offer a 30-minute free consultation to discuss the matter.

SHL Solicitors can draft section 8 and 21 notices and deal with possession hearing matters before the Court.

Evicting private tenants is one of the most difficult and stressful parts of being a landlord. Whether it’s due to rent arrears, damage, or a breach of agreement, sometimes it becomes necessary to take legal action. One of the main legal routes is the Section 8 eviction process.

If you’re not familiar with it—or you just want a smoother, less risky way to handle it—this guide is for you.

What is a Section 8 Notice?

Private landlords can use a Section 8 notice to reclaim their property when private renters breach the tenancy agreement. The most common reason is their failure to pay rent —usually two full months’ worth.

If a landlord wishes for the property to become vacant, they can’t simply tell a tenant to leave; this would be an illegal eviction. You’ll need reasonable grounds for possession, and the court requires you to follow a legal process—skipping steps or filing incorrect paperwork may lead the court to dismiss your claim. That’s why it’s so important to approach it properly from the start.

Upcoming Changes Under the Renters’ Rights Bill

The Renters’ Rights Bill, expected to come into force between October 2025 and January 2026, will significantly reshape the eviction landscape:

  • Section 21 evictions will be abolished – You’ll no longer be able to evict tenants without a specific reason. All evictions must go through Section 8 and offer discretionary grounds as to why the tenant is being evicted.
  • Section 8 grounds will be expanded – This includes new grounds for selling the property or landlords moving in themselves.
  • Rent arrears thresholds will increase – Mandatory eviction for rent arrears will apply once the tenant is three months behind, not two. If rent is paid weekly, they must be twelve weeks behind.
  • Notice periods may be extended – For certain grounds like rent arrears, the notice period may increase from 14 days to 28.
  • New landlord requirements – A landlord ombudsman and national database will be introduced to improve transparency and resolve disputes more easily.

In short, Section 8 is becoming even more central to the eviction process. If you’re not already familiar with it, now is the time to get prepared.

How we support you with Section 8 evictions

  • Ensure documents are in order
  • The correct notice is served
  • The legal process is followed
  • You stay informed every step of the way
  • Professional advice and client care at all times

If you have any questions, I am happy to assist. Please contact John Houghton at SHL Solicitors, either by telephone 01744 385 171 or email John.Houghton@sthelenslaw.co.uk.

Section 8 Evictions: Frequently Asked Questions

1. What’s the difference between a Section 8 and a Section 21 eviction?

Landlords initiate Section 8 evictions when tenants breach the agreement (e.g., rent arrears, property damage). A Section 21 eviction is a “no-fault” eviction, but it’s being abolished under the Renters’ Rights Bill (expected late 2025).

2. How much rent arrears are needed for a Section 8 eviction?

Currently, two months’ rent arrears trigger mandatory grounds for eviction. Under the new bill, this will increase to three months.

3. How long does a Section 8 eviction take?

Typically, 2–6 months, depending on court delays and whether the tenant contests the claim. If bailiffs are needed, add 4–8 weeks.

4. Can I evict a tenant for antisocial behaviour under Section 8?

Yes. If it’s severe enough to breach the tenancy agreement, the court should grant a possession order, meaning you’ll be able to tender an eviction notice. You’ll need evidence (e.g., police reports, neighbour complaints). If the tenant refuses to leave, a court hearing will be scheduled.

5. What if I make a mistake in the Section 8 notice?

Errors (wrong dates, improper service) can invalidate the notice, forcing you to restart the process. Legal support minimises risks.

6. Will the Renters’ Rights Bill make evictions harder?

Yes—longer notice periods, stricter grounds, and no Section 21 mean landlords must rely on fault-based Section 8 evictions. Preparing now is crucial.