Section 8 vs Section 13: What Every Renter Needs to Know

If you rent in England, you have probably heard of Section 13 and Section 21 notices. But there is another section of the Housing Act 1988 that every renter should understand: Section 8. While we have already covered how Section 21 compares to Section 13, this guide focuses on Section 8 -- which is a very different beast. Section 8 is about eviction for a specific reason, and unlike Section 21, it is not going away when the Renters' Rights Act takes effect.

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What is a Section 8 notice?

A Section 8 notice is a fault-based eviction notice. It is the legal mechanism a landlord uses when they want to seek possession of a property because the tenant has allegedly broken the terms of the tenancy.

Unlike Section 21, which requires no reason at all, a Section 8 notice must state one or more specific legal grounds for eviction. These grounds are set out in Schedule 2 of the Housing Act 1988 and include things like:

• Rent arrears -- the most common ground. If you are two months or more behind on rent (for monthly tenancies), your landlord can use Ground 8, which is a mandatory ground. This means the court must grant possession if the arrears are proven.
• Antisocial behaviour -- Ground 14 covers behaviour that causes nuisance or annoyance to neighbours or others in the locality.
• Damage to the property -- Ground 13 covers deterioration of the property caused by the tenant.
• Breach of tenancy terms -- Ground 12 applies when a tenant has broken a condition of the tenancy agreement.
• Former employee -- Ground 16 covers situations where the property was provided as part of employment that has now ended.

Some grounds are mandatory (the court must grant possession if proved), while others are discretionary (the court decides whether it is reasonable to grant possession). This distinction matters a great deal.

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What is a Section 13 notice?

A Section 13 notice is a rent increase notice. It has nothing to do with eviction. Your landlord uses it to formally propose a higher rent for your property.

When you receive a Section 13 notice, you are not being asked to leave. You are being told that your landlord wants to increase your rent from a specific future date. If you disagree with the proposed amount, you have the right to challenge it at the First-tier Tribunal (Property Chamber).

Key points about Section 13:

• Must use the prescribed Form 4 (or Form 4A from 1 May 2026)
• Must give at least one month's notice (rising to two months from 1 May 2026)
• Can only be served once per year
• The tribunal process is free and you do not need a solicitor

For a full breakdown, read our guide on how to challenge a Section 13 rent increase.

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The key differences at a glance

Feature	Section 8	Section 13
Purpose	Eviction (possession)	Rent increase
Reason required?	Yes -- specific legal grounds	No reason needed (but must follow process)
Where it is decided	County Court	First-tier Tribunal
Cost to tenant	Free (but legal advice recommended)	Free
Can you stay in the property?	Depends on the court's decision	Yes -- this is not about leaving
Affected by Renters' Rights Act?	No -- Section 8 remains	Yes -- new rules from May 2026

The most important thing to understand is that these notices serve completely different purposes. One is about whether you keep your home. The other is about how much you pay to live there.

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What the Renters' Rights Act 2025 means for Section 8

The Renters' Rights Act 2025 makes sweeping changes to the rental landscape in England from 1 May 2026. One of the headline changes is the abolition of Section 21 -- the no-fault eviction notice.

However, Section 8 is not abolished. In fact, it becomes more important after May 2026 because it will be the only route landlords have to seek possession of a property (aside from a small number of new or amended grounds).

What this means for renters:

• You cannot be evicted without a specific reason after May 2026
• Your landlord must prove their case at court
• Discretionary grounds still require the court to consider whether eviction is reasonable
• The mandatory grounds (like Ground 8 for serious rent arrears) remain mandatory

This is a significant improvement. But it also means understanding Section 8 becomes more important than ever.

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What to do if you receive a Section 8 notice

If a Section 8 notice arrives, do not panic -- but do take it seriously.

Check the notice carefully. A Section 8 notice must specify which grounds the landlord is relying on, give the correct notice period (which varies by ground), and be served in the correct form. Mistakes on the notice may make it invalid.

Understand that a notice is not an eviction. You do not have to leave just because you received a Section 8 notice. The landlord must apply to the county court for a possession order, and the court must grant it before you are legally required to leave.

Get advice early. Unlike a Section 13 rent increase -- where the process is informal and you can handle it yourself -- Section 8 cases go to court. Free advice is available from Shelter (0808 800 4444), Citizens Advice, and your local council's housing team.

Check if you can resolve the issue. For rent arrears, paying down the debt before the court hearing may help your case, particularly for discretionary grounds. For other grounds, gather evidence that disputes the landlord's claims.

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Can you challenge a rent increase while facing a Section 8?

Yes. These are separate legal processes, and one does not affect the other.

If your landlord has served both a Section 8 notice (for example, based on rent arrears) and a Section 13 rent increase notice, you can and should deal with each separately. Challenging the rent increase does not weaken your position on the Section 8, and facing a Section 8 does not remove your right to question whether a proposed rent increase is fair.

In fact, if your landlord is seeking possession on the basis of rent arrears and simultaneously trying to increase your rent, challenging the increase could be important. A lower rent figure could help you manage arrears more effectively.

For more on how rent arrears interact with rent increases, see our guide on rent arrears and rent increases.

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How to tell which notice you have received

If you are unsure, look at the form itself. Section 8 notices reference specific grounds from Schedule 2 of the Housing Act 1988. Section 13 notices use Form 4 and refer to a proposed new rent amount. Section 21 notices (being abolished from May 2026) simply give two months to leave. We cover the Section 21 vs Section 13 difference in our separate guide.

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Next steps

If you have received a Section 13 rent increase notice, RentSOS can help you check whether the proposed increase is fair and whether there are grounds to challenge it. Check your rent increase now.

If you have received a Section 8 notice, we recommend contacting Shelter or Citizens Advice as a first step. Section 8 is about possession, not rent -- and the support you need is different.

Whatever notice you have received, knowing which one it is and what it means is the first step to protecting your rights.