Section 8 Possession Claims
Clear legal routes for landlords. Fair protection for tenants.
Whether you’re a landlord seeking to regain possession of a property that you own or a tenant facing eviction, the process can be complex and stressful. We offer straightforward advice and representation in Section 8 cases for either party, ensuring your rights are protected at every stage.
The Facts
What is a Section 8 possession claim?
Section 8 of the Housing Act 1988 allows a landlord to seek possession of a property if the tenant has breached the tenancy agreement. Breaches can include significant rent arrears, antisocial behaviour, or damage to the property. The landlord must first serve a valid Section 8 notice specifying one or more “grounds for possession”. If the issue is not resolved, they may issue court proceedings.
The law
A valid Section 8 notice must use the correct prescribed form, state the grounds accurately, and give the correct notice period. Statutory grounds include Ground 7A (antisocial behaviour), Grounds 8, 10 or 11 (relating to rent arrears), Ground 12 (breach of the tenancy agreement), Ground 13 (deterioration/damage) and Ground 14 (nuisance, annoyance, illegal or immoral use of the property).
Your rights
As a landlord, you can serve a compliant Section 8 notice on one or more grounds, issue court proceedings and seek possession and arrears, and apply for enforcement by a bailiff if any court orders are breached. As a tenant, you can challenge invalid notices, raise a defence or counterclaim and in some cases negotiate payment plans or terms for suspended possession orders.
Next steps
Landlords should gather the tenancy agreement, rent schedule, evidence of breach (e.g. ASB reports, photos of damage), and any prior correspondence. Tenants should keep all letters, court papers, collect evidence of rent payments, and document any repair issues. Whichever side of the dispute you are on, speak to Complex Law to review your evidence and decide on the best legal path forward.
How Complex Law can help
Our team includes experienced solicitors who specialise in Section 8 cases, drafting and reviewing notices, preparing claims or defences, and representing clients at hearings to secure fair and efficient outcomes.
Grounds and notice accuracy
We draft Section 8 notices for landlords or review them for tenants who have received them. We’ll verify the correct grounds, facts, and notice periods to determine that any notice is compliant and legally enforceable.
Managing your claim
We handle everything on your behalf, from pre‑action negotiation and evidence gathering to issuing/defending proceedings, advocacy at hearings, and arranging enforcement or settlement terms.
No‑win, no‑fee available
We offer a range of funding options. In appropriate tenant claims, we may act on a no‑win‑no‑fee basis. We’ll let you know the options available to you at the outset and clearly explain all associated costs.
How we calculate costs
Where no-win, no-fee applies, we’ll usually charge 25% plus VAT of any compensation you are awarded. In other cases, we offer fixed or staged fees where possible to reduce the financial impact.
Do you have a claim?
If you’re a landlord facing serious rent arrears or breaches, or a tenant who has received a Section 8 notice, you should seek legal advice promptly, as deadlines in these cases can be short.
If the points on our checklist apply to you, our expert property law team can help. Speak to Complex Law for clear next steps and a transparent estimate of costs.
Claim checklist
Do you need to recover possession due to rent arrears, antisocial behaviour, or damage?
Have you received a Section 8 notice or court claim you believe is unfair or incorrect?
Is the notice defective, the arrears disputed, or are there repair issues?
Do you need urgent representation at a hearing?
Legal services tailored to your needs
Our practice is focused on three areas of law: Consumer Claims, Individuals, and Businesses (Complex 360), making it easy to match your legal issue with the right team and strategy.
Consumer Claims
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What Others Say
Hear from our past clients
We’re proud of our success rate. Over the last four decades, we’ve helped thousands of clients secure the judgments, compensation, settlements, or resolutions they were seeking.
Excellent rating
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Really pleased with how easy it was to fill out the complaint form. The layout was clear, and the steps were simple to follow, which made the whole process quick and stress-free. It’s great to see such an efficient and user-friendly system in place.
Frequently asked questions
If you don’t find the answer to your question here, get in touch with us and we’ll be happy to help.
The notice periods applicable to a Section 8 possession claim vary depending on the grounds. For example, Ground 6 (property required for redevelopment) typically requires two months’ notice, while Ground 14 (nuisance, annoyance, illegal or immoral use of the property) can proceed with no minimum period once served. We’ll confirm the correct period for your case.
If the tenant doesn’t resolve the breach, the landlord can issue court proceedings. The court will consider the notice’s validity, the evidence, and any defences. The possible outcomes range from outright possession (the tenant must vacate the property) to suspended orders (the tenant can remain in the property as long as they comply with the order, e.g. pay back rent arrears) or dismissal.
What’s the difference between Section 8 and Section 21?
Section 8 is based on breaching the terms of a tenancy – it requires specific grounds, and can result in a monetary judgment. Section 21 is known as a “no‑fault eviction” and does not require the tenant to be in breach of any agreement. You can find more information on Section 21 possession claims at our dedicated page here
The timeline for a Section 8 case varies according to the grounds on which the notice was served, whether the notice was fully compliant with the law, and the nature of the tenant’s defence or counterclaim (if any). Simple rent arrears cases may be resolved within a few weeks, whereas more complex cases which require court decisions can take months. If you work with Complex Law, we’ll give you a realistic timeline once we’ve reviewed the facts of the case.
Not in every case – it depends on the court’s decision. In the case of an outright possession order, you will usually be required to vacate the property within 14 days of the order. However, you can use the defence form to appeal to the court to be allowed more time if you have a good reason (for example, serious illness or disability) – usually up to 6 weeks. The court may also decide to apply a conditional possession order, in which case you will be allowed to remain in your home as long as you follow the terms of the order, for example, paying off any rent arrears.
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