Section 8 Notice Seeking Possession (England)
The PROP.RES.33 - Section 8 Notice Seeking Possession (England) is the form
prescribed under Section 8 of the Housing Act 1988 which advises the Tenant
that the Landlord intends to take court proceedings to terminate the
tenancy. The Notice tells the Tenant the grounds on which the Landlord
wishes to terminate the tenancy. The Notice can be used in respect of an
assured tenancy or an assured shorthold tenancy.
For properties in Wales please see the Section 8 Notice (Wales).
This document is in Word format and the up to date version of it can be
found on the government website by clicking on this link to the relevant
Once you have opened the template form on the government website, you
should save a copy to a location of your choice and then you can complete
If the tenancy is an assured shorthold tenancy which is nearing or has gone
beyond the end of its fixed term, the Landlord can use the “accelerated”
repossession procedure under section 21 of the Housing Act 1988. Refer
instead to the Section 21(1)(b) Letter Terminating a Fixed Term Tenancy or
the Section 21(4)(a) Letter Terminating a Periodic Tenancy and the Section
If the “accelerated” procedure is not available, the Landlord must serve
this Notice as the first step along the road to recovering possession.
Landlords cannot evict Tenants without a court order. An application for a
court order cannot be made unless the Landlord has first served a Section 8
Notice on the Tenant (although the court can dispense with this requirement
in certain cases).
The law and procedure in this area are complex and reference should be made
Guidance on Section 8 and Section 21 Notices
before this template is used.