Section 8 notices: a guide for landlords in England
Since the abolition of Section 21 notices on 1st May 2026, serving a Section 8 notice is usually the only way a landlord can start possession proceedings against tenants on an assured tenancy in England.
Unlike Section 21 notices, you must state one or more legal reasons you are entitled to possession on the Section 8 notice. These grounds for possession are set out in Schedule 2 of the Housing Act 1988.
This guide is correct as of October 2026 and covers England only. Wales and Scotland run diffefrent systems, with their own notices and rules. Within it you'll find:
- What a Section 8 notice is and what changed under the Renters' Rights Act.
- The most common grounds for possession and the notice each one needs.
- How to serve a notice and what happens if tenants don't leave.
- The penalties for getting it wrong, a checklist and answers to common questions.
For the full detail, including guidance on completing the form, see our guide on ending a periodic assured tenancy and our Renters' Rights Act hub
What is a Section 8 notice?
A Section 8 notice is the formal notice a landlord in England usually needs to serve on tenants before asking the court to end an assured tenancy and grant possession of the property. It takes its name from Section 8 of the Housing Act 1988.
Whenever you serve a Section 8 notice, there are three key things to remember:
- You must use the prescribed form. A prescribed form means that the government has set out legally required wording that must be included in the form. For Section 8 notices, that means using Form 3A which includes everything you need.
- You must include at least one legal ground. A ground is a reason for possession listed in the Housing Act 1988, and you must include the full legal text of the ground on the form.
- The notice does not end the tenancy by itself. If the tenants stay beyond the date the notice asks them to leave, you will need to apply for a possession order from the court and, if necessary, have a bailiff attend the property to enforce it.
How Section 8 changed under the Renters' Rights Act
Section 8 notices existed before the Renters' Rights Act but a number of significant changes were made to the way they work from 1st May 2026. The main changes are:
- Section 21 is abolished. With no Section 21 notice available, you can no longer choose to use any other form of notice.
- Form 3A replaces Form 3. Private landlords must use the new Form 3A, and the old Form 3 is now for social landlords only.
- Existing grounds have been changed. A number of changes to existing grounds were made. Some, like Ground 1, have been made easier or more flexible to use. Others, like Ground 8, have been made harder to use with longer notice periods or tighter requirements.
- New grounds have been added. These include Ground 1A for landlords who want to sell and Ground 4A for student houses in multiple occupation (HMOs).
- Notice periods are generally longer. Many grounds now need four weeks or four months, up from two weeks or two months.
- Sometimes you may not relet the property after using a ground. You cannot relet the property after using Grounds 1 or 1A for 12 months after the notice expires.
- New financial penalties exist. Councils can fine landlords who misuse grounds or try to end a tenancy outside the Section 8 process. These fines can be as much as £40,000.
What are the grounds for a Section 8 notice?
The grounds for a Section 8 notice are the legal reasons you can rely on to ask the court for possession. Each legal ground you can use is set out in Schedule 2 of the Housing Act 1988. You must state at least one ground on the notice and be ready to prove it with evidence.
Mandatory and discretionary grounds
Every ground is either mandatory or discretionary, and this decides how much leeway the judge has to decide whether to grant a possession order.
- Mandatory grounds. If you can prove the ground applies, the court must grant a possession order.
- Discretionary grounds. Even if you prove the ground, the judge decides whether it is reasonable to grant possession.
Claims that include at least one mandatory ground are more likely to succeed, as long as the evidence is strong.
The most common Section 8 grounds
Most landlords rely on a small group of grounds. Here is what each one means in plain English.
Ground 1: you or your family want to move in
You can use this if you, or a close family member, intend to live in the property as their main home. It cannot be used to take possession in the first 12 months of the tenancy.
Ground 1A: you want to sell
You can use this if you intend to sell the property. Like Ground 1, it cannot be used to take possession in the first 12 months.
Ground 4A: student HMOs
This lets you regain a house in multiple occupation let to full-time students, so you can re-let it to new students for the academic year. Tenants must have been told at the start of the tenancy that you might use it. See our student lettings guidance
Grounds 8, 10 and 11: rent arrears
Ground 8 is a mandatory possession ground and applies where the tenant owes at least three months' rent (or 13 weeks' rent if paid weekly or fortnightly) both when you serve the notice and at the hearing. Grounds 10 (some rent unpaid) and 11 (persistent late payment) are discretionary grounds. Landlords usually use all three together, so a claim can still succeed if tenants reduce the arrears below the Ground 8 threshold before the hearing. Keep a clear record with our rent schedule template and use our rent arrears letter templates for landlords to chase payment before you serve notice.
Ground 12: breach of tenancy
This covers breaches of the tenancy agreement other than rent, such as keeping pets without permission or subletting. It is discretionary.
Grounds 7A and 14: antisocial behaviour
Ground 7A is mandatory and applies where a tenant has been convicted of a serious offence or breached certain court orders. Ground 14 is discretionary and covers nuisance or annoyance to neighbours, or criminal use of the property.
We recommend not combining Grounds 1, 1A or 4A with other grounds on the same notice. Each has its own rules, and mixing them can make your claim harder to manage.
This table covers the most common grounds only. Members can see the full list of possession grounds in our ending a periodic tenancy guide.
How much notice do you need to give on a Section 8 notice?
A Section 8 notice can need anything from no notice at all to four months, depending on the grounds you use. The table groups the main grounds by their minimum notice period.
If you use more than one ground, the longest notice period applies to the whole notice. For example, a notice using Grounds 8 and 12 needs four weeks, not two.
The one exception to this rule is where you have included an anti-social behaviour ground with other grounds. In these cases, you may apply to court immediately after serving the notice.
Once the notice period ends, you can apply to court. The notice stays valid for that purpose for 12 months from the date you served it, so if you miss that window you will need to serve a fresh notice.
How to serve a Section 8 notice
You serve a Section 8 notice by completing the current Form 3A in full and delivering it to every tenant named on the tenancy, then keeping proof that you did. Follow these steps:
- Confirm the right ground and gather evidence. Rent statements, correspondence, photos, and witness details all help.
- Check the tenancy deposit is protected. For most grounds, the court cannot make a possession order if the deposit isn’t protected in a government-approved scheme, so follow our guide to protecting a deposit in England if you’re unsure. In the future, you will also need to be registered on the new private rented sector database, so check when you need to register on the database.
- Download the current Form 3A from GOV.UK. Older versions, including Form 3, are invalid for private rented assured tenancies.
- Insert the full legal text of each ground. GOV.UK publishes the exact wording to copy into the form.
- Complete every field. Include all tenants' names and the earliest date you can apply to court, and explain why you rely on each ground.
- Serve the notice and keep evidence of service. Use a method allowed by your tenancy agreement, such as by hand or by post, and record how and when you served it.
- Wait for the notice period to expire. Only then can you apply to court for a possession order.
Members can follow our field-by-field Form 3A completion notes, which can be found in our ending a periodic tenancy guide.
What happens next: Section 8 evictions explained
If tenants have not left when the notice period ends, you must apply to court for a possession order. You can get the full details on this process from our guide to applying to court for a possession hearing. A possession order is a court order that ends the tenancy and sets a date by which tenants must leave.
Never change the locks, remove belongings or pressure tenants to go without a court order. Doing so is illegal eviction, and it is a criminal offence as well as a civil one.
The court will expect to see:
- A copy of the Section 8 notice and proof of how you served it.
- Evidence for each ground, such as a rent schedule for arrears.
- The tenancy agreement and proof the deposit is protected.
Court timescales vary by area, so you may have to wait a while for a hearing and, if needed, enforcement by bailiffs. We generally recommend getting legal advice before proceeding to ensure you have a good chance of success. You can also speak to our advice line to help you weigh up your options.
Penalties for getting Section 8 wrong
Landlords who misuse the Section 8 process now face civil penalties of up to either £7,000 or £40,000 depending on the misuse. These penalties are issued by the local authority.
A civil penalty of up to £7,000 can be issued if you:
- Rely on a possession ground without reasonably believing you can obtain possession on it.
- Try to end a tenancy verbally or by a notice to quit.
- Serve a possession notice that isn't a valid Section 8 notice.
Penalties of up to £40,000 can be issued for serious cases. These apply where the landlord knowingly or recklessly misuses a ground, or for illegally evicts or harasses a tenant. Tenants may also be able to apply for a rent repayment order, which requires you to pay back rent, as explained in our guide to rent repayment orders.
Strong evidence and the correct form are your best protection. If you're unsure whether a ground applies, get advice before you serve.
Section 8 notice checklist for landlords
Run through this checklist before you serve a Section 8 notice:
- Check the tenancy is an assured tenancy in England.
- Choose the correct ground(s) and gather evidence before serving.
- Confirm the deposit is protected.
- Use the current Form 3A, never the old Form 3.
- Fill out the form correctly, including the full legal text of every ground and explain why you rely on it.
- Give the correct notice period for the longest ground used.
- Keep evidence of service and all supporting records.
- Apply to court within 12 months if tenants do not leave.
We have a number of completion notes to help you fill out the form correctly in our ending a periodic tenancy guide.
How we can help you
Looking for Section 8 notice templates, possession process support, and legal expenses cover? Our members have access to our expert landlord advice line and FREE property management software. Join the NRLA today and be part of our vibrant landlord community.
Section 8 notice FAQs
What is a Section 8 notice?
A Section 8 notice is the formal notice, on Form 3A, that a landlord in England must serve before asking the court for possession of a property let on an assured tenancy. It must state at least one legal ground for possession.
What are the grounds for a Section 8 notice?
The grounds are the legal reasons for possession set out in the Housing Act 1988. The most common are moving in (Ground 1), selling (Ground 1A), rent arrears (Grounds 8, 10 and 11), breach of tenancy (Ground 12) and antisocial behaviour (Grounds 7A and 14).
How do I serve a Section 8 notice?
Complete the current Form 3A in full, including the legal text of each ground, and give it to every tenant named on the tenancy. Use a method allowed by your tenancy agreement and keep evidence of how and when you served it.
Can I still use a Section 21 notice?
No. Section 21 was abolished in England on 1st May 2026, and the deadline for using notices served under the old rules passed on 31st July 2026.
Does a Section 8 notice end a tenancy?
No. The notice starts the process, but the tenancy only ends when tenants leave voluntarily or the court grants a possession order.
How long is a Section 8 notice valid for?
You can use a Section 8 notice to apply to court for up to 12 months from the date you served it. After that, you need to serve a new notice.
How much notice do I need to give for rent arrears?
Four weeks if only the rent arrears grounds are included. This applies to Grounds 8, 10 and 11.
Can I serve a Section 8 notice in the first 12 months of a tenancy?
Yes, for most grounds, such as rent arrears or antisocial behaviour. Grounds 1 and 1A cannot be used to take possession in the first 12 months of a tenancy.
Can I use an old Section 8 form?
No. Private landlords must use the current Form 3A. A notice on the old Form 3, or an out-of-date version of Form 3A, risks being invalid.
What happens if my tenant does not leave after a Section 8 notice?
You must apply to court for a possession order once the notice period ends. If tenants still don't leave by the date in the order, you can ask the court for bailiffs to enforce it.
Does Section 8 apply in Wales or Scotland?
No. Section 8 notices apply in England only. Wales and Scotland each have their own laws, notices and processes for ending a tenancy. Landlords in Wales should read our guide to serving a possession notice in Wales.
