A landlord can serve you a Section 8 notice to evict you if:
- you have an assured or assured shorthold tenancy
- they have legal reason to evict you.
Most private renters have an assured shorthold tenancy.
The legal reasons a landlord can evict you under Section 8 include if you:
- are late paying rent
- break terms in your tenancy agreement
- cause damage to the property
- make the condition of the property worse
- cause nuisance to neighbours or the landlord
- are given criminal convictions relating to the property or area.
If you're issued a Section 8 notice
Landlords must deal with the notice and eviction correctly.
You have the right to:
- defend yourself against the eviction
- delay the eviction to give yourself more time.
You may be able to stop the eviction, for example if you resolve the reason the landlord gave you for eviction.
It can take weeks for the landlord and courts to go through the steps to evict you.
How to get help
You should contact our homelessness team as soon as possible to make them aware of your Section 8 notice.
You may be able to get legal help, if you:
- are at danger of losing your home
- receive benefits or are on a low income.
The homelessness team or your legal adviser can help you check:
- if the notice is valid
- if the grounds of the notice are acceptable
- the earliest date your landlord could start court action.
Find out what legal help you may receive on the Shelter website.
If the notice is not valid
You or you adviser can go back to the landlord about this. Your landlord will need to serve you a new and valid notice if they want to continue with your eviction.
If the notice is valid
The landlord can start court action to evict you on the date written in the notice, or up to 1 year after the date when the notice runs out.
Before the court hearing
You'll receive a letter from the court when the landlord wants to start court action. It takes about 3 to 8 weeks from the date you receive the letter before your court hearing. This will give you time to prepare.
You should:
- read all the forms in the letter
- complete your defence form
- continue paying any rent you owe (it may help at the court hearing)
- book time off for the court hearing
- book an interpreter if you need one
- prepare all paperwork you may need. This could include evidence of payments and conversations you have had with your landlord.
At the court hearing
Only you or your legal adviser can speak for you at the court hearing. You cannot ask friends or family.
If you cannot find a legal adviser before the court hearing, you can usually get a duty adviser on the day of court. You should arrive early to give yourself enough time to discuss your case with them.
After the court hearing
If the court makes a possession order, they will give you a date you need to leave your home by.
If you do not leave by that date, your landlord will have to apply for bailiffs to evict you. Landlords cannot evict you themselves. This may take some time to arrange.
If the court makes a suspended possession order, you can stay in your home, but must stick to the terms of the order. Terms may include that you:
- continue to pay rent on time
- clear owed rent by the agreed schedule
- fix the situation caused.
The landlord can still apply for bailiffs to evict you if you break the terms of the suspended order.
Legal fees
If the court makes an order, or if you're evicted, you'll have to pay the landlord's court fees. The court duty adviser will be able to tell you how much that is.
You have a right to defend yourself if the landlord harasses you or attempts to evict you illegally.
Find out more about harassment from landlords and illegal eviction.