A Section 8 Notice is a notice in a prescribed form seeking possession of a property given by a landlord to a tenant under Section 8 of the Housing Act 1988. The notice should state the full wording of the ground or grounds specified in the Housing Act 1988 on which the landlord relies in order to seek possession. It should also provide details of why the landlord relies on the stated ground or grounds. The notice should also specify the date by which possession is required. Each ground has its own minimum specified notice period and this should be complied with in setting the date of possession in the notice. Service of a valid Section 8 Notice is a precondition of being able to make a claim for a possession order from the court of an assured tenancy. With effect from 1 May 2026 most tenancies in the private rented sector will become assured periodic tenancies. Subject to transitional provisions a landlord seeking possession will have to rely on the Section 8 procedure and serve a valid Section 8 Notice.
A Section 21 Notice is a notice seeking possession given by a landlord to a tenant under Section 21 of the Housing Act 1988. It is a precondition of obtaining so called “no fault” eviction that a valid Section 21 Notice is served. The Renters’ Rights Act 2025 will however abolish Section 21 evictions. It will not be possible to serve a Section 21 Notice after 1 May 2026.
A possession order is an order made by a court which requires the tenant to give up possession of premises named in the order by a stipulated date. The order is made if the court is satisfied that all of the requisite legal conditions and criteria that apply to the claim have been met. If the tenant does not leave the property by the date specified in the possession order the landlord cannot lawfully enforce the order personally. Instead, the landlord must make an application to the court for a warrant of possession (in the county court) or writ of possession (in the high court) to enable a county court bailiff or high court enforcement officer to enforce the order and recover physical possession on behalf of the landlord.
The Renters’ Rights Act was passed by Royal Assent on 27 October 2025. It makes major changes to residential tenancies. Its provisions will come into force at different times. Significantly it abolishes “no fault” Section 21 evictions with effect from 1 May 2026, subject to limited transitional provisions. With effect from this date most residential tenancies will become “assured periodic tenancies” which can only be terminated if the landlord can establish a ground of possession (such as arrears of rent) under the Housing Act 1988.
Our highly skilled team of specialist solicitors hqave been established in the City of Wakefield for over 100 years.
