Section 8 Has Changed – What Landlords Need to Know
Section 8 rent arrears claims now require two months' arrears at both the notice date and the hearing date. The notice period has also changed. If your Section 8 notice is out of date, your possession case can fail before it reaches court.
Updated 1 March 2026
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Section 8 remains the primary route for rent arrears possession in England and Wales, but the rules around when you can serve notice and what you must prove at court have tightened. Landlords who rely on outdated templates or old notice periods risk having a case struck out before a judge hears the merits.
Two months' arrears at notice and at hearing
For the most common rent arrears ground, arrears must meet the threshold when you serve the notice and again on the date of the hearing. A tenant who pays down arrears after notice is served can still defeat the claim if they are below the threshold on the day of court. Keep a contemporaneous rent log — insurers and courts both expect clear evidence of what was owed and when.
Notice periods and prescribed forms
Notice periods depend on the ground used and whether the tenancy is periodic or fixed-term. Using the wrong form, the wrong period, or failing to include mandatory information can invalidate the notice entirely. Always check you are on the current prescribed form before service.
What this means for Rent and Legal Protection
Rent and Legal Protection policies typically require that possession proceedings are valid and properly documented. A defective Section 8 notice delays everything: court timelines slip, rent loss grows, and claims can stall while you re-serve. Keep your AST, deposit, and compliance records aligned before arrears hit.