Section 8 Notice
A Section 8 notice is a formal notice served by a private landlord in England on a tenant of an assured tenancy, requiring the tenant to vacate so that the landlord can apply to the court for a possession order, on the basis of one or more statutory grounds for possession set out in Schedule 2 of the Housing Act 1988. The term "Section 8" refers to the section of that Act which governs the procedure. From 1 May 2026, following the commencement of the Renters' Rights Act 2025, a Section 8 notice is the only route by which a private landlord in England can bring a tenancy to an end, the former "no-fault" Section 21 notice has been abolished for all new possession action.
Mandatory and discretionary grounds
Every Section 8 notice must cite at least one of the statutory grounds set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. The grounds fall into two categories. Mandatory grounds, numbered 1 to 8, require the court to grant possession if the ground is proved to the court's satisfaction, regardless of the wider circumstances. Discretionary grounds, numbered 9 to 17, allow the court to decide whether it is reasonable to grant possession, even where the ground is established.
The most commonly used mandatory grounds are:
Ground 1 (landlord or close family member intends to occupy as their principal home, requiring four months' notice and not available in the first 12 months of the tenancy);
Ground 1A (landlord intends to sell, also four months' notice and not available in the first 12 months);
Ground 8 (rent arrears at the mandatory threshold of three months or 13 weeks at the date of notice and at the date of the hearing); and
Ground 7A (anti-social behaviour conviction or closure order, which can in serious cases allow the landlord to apply to court immediately after serving notice).
From working with self-managing landlords across the UK, the most common difficulty with mandatory grounds is evidentiary, landlords who understand which ground applies but do not have a complete arrears record or clear documentation of a breach find that possession claims fail at the court stage. A live rent ledger and a documented paper trail from the start of the tenancy are the baseline requirements for any ground that depends on proving a breach.
For a full breakdown of every ground and its evidential requirements, see the August guide to grounds for possession.
Notice periods
The notice period required before a landlord can apply to court varies by ground. As a general guide under the Renters' Rights Act 2025:
Grounds 1 and 1A (sale and occupation) require four months' notice. Ground 8 (mandatory rent arrears) requires two weeks' notice but only where arrears have reached the three-month threshold. Ground 8A (persistent arrears short of the mandatory threshold) requires four weeks' notice. Ground 7A (anti-social behaviour and serious criminality) can in the most serious cases allow an immediate court application, though the court cannot make a possession order for at least 14 days after service. Most other grounds require between two weeks and four months' notice.
Landlords should verify the specific notice period for each ground before serving a notice, as errors are one of the most common reasons possession claims are rejected by the court. Gov.uk guidance on the current grounds and notice periods is the authoritative reference.
Form 3A: the prescribed form
From 1 May 2026, every Section 8 notice served by a private landlord in England must use Form 3A, the prescribed form introduced under the Assured Tenancies (Private Rented Sector) (Prescribed Forms and Transitional Provisions) (England) Regulations 2026. The previous Form 3 is no longer valid for new notices. A Section 8 notice served on the wrong form after that date will be struck out by the court, requiring the landlord to restart the process and wait the full notice period again.
Form 3A requires the landlord to identify the grounds being relied upon, set out the full particulars for each ground, and state the earliest date on which court proceedings may be issued. Where multiple grounds are cited, the notice period is determined by the longest applicable period across all cited grounds. The form is available free from the gov.uk assured tenancy forms page.
The court process
A Section 8 notice does not end the tenancy. It starts a clock. If the tenant does not vacate by the date stated in the notice, the landlord must apply to the county court for a possession order using Form N5, attaching the tenancy agreement, the notice with proof of service, and evidence supporting each ground cited. A court hearing will be listed, at which the tenant may raise a defence or counterclaim, for example, serious disrepair, or that rent arrears were caused by a delay in housing benefit payments. If the court grants a possession order, it typically requires the tenant to vacate within 14 days, though this can be extended to six weeks in cases of exceptional hardship.
If the tenant remains after the possession order expires, the landlord must apply for a warrant of possession to instruct county court bailiffs. Attempting to re-enter the property or change the locks without a warrant constitutes unlawful eviction, regardless of whether a possession order has been granted.
In our experience supporting landlords through the Renters' Rights Act transition, the total timeline from notice to bailiff enforcement in contested cases currently runs to between four and eight months in most parts of England, and is expected to lengthen further as Section 8 becomes the sole eviction route. The August guide to how long eviction takes in 2026 sets out realistic timelines by ground and tenancy type.
From 1 May 2026, the Renters' Rights Act made Section 8 the only route to possession for private landlords in England ,a change that August's compliance checklist is designed to help landlords navigate, including tracking rent payments, documenting tenancy conditions, and maintaining the evidential records that possession claims require.
For a step-by-step guide to serving Form 3A, choosing the right ground, and preparing the evidence a court will expect, see the August article on Section 8 notices in 2026.
Statutory context
Section 8 of the Housing Act 1988, as amended by the Housing Act 1996 and most recently by the Renters' Rights Act 2025, governs the Section 8 notice procedure in England. The grounds for possession are set out in Schedule 2 of the 1988 Act as amended. Wales operates a separate legal framework, the Renting Homes (Wales) Act 2016 governs possession in Wales and Section 8 of the Housing Act 1988 does not apply to Welsh tenancies.
Frequently asked questions
What is the difference between a Section 8 and a Section 21 notice?
A Section 21 notice, the "no-fault" notice that allowed landlords to end a tenancy without stating a reason, was abolished for new possession action in England from 1 May 2026 under the Renters' Rights Act 2025. From that date, Section 8 is the only route to possession. Unlike Section 21, every Section 8 notice must cite a specific statutory ground and the landlord must prove that ground to the court's satisfaction before possession is granted.
What grounds can a landlord use for a Section 8 notice?
There are 17 grounds in Schedule 2 of the Housing Act 1988 as amended, split between mandatory grounds (where the court must grant possession if the ground is proved) and discretionary grounds (where the court decides what is reasonable). Common grounds include serious rent arrears at the mandatory threshold (Ground 8), the landlord intending to sell (Ground 1A), the landlord or a close family member intending to occupy the property (Ground 1), and anti-social behaviour (Ground 7A). Several new and amended grounds were introduced by the Renters' Rights Act 2025.
Does a Section 8 notice end the tenancy?
No. A Section 8 notice is the first step in the possession process, not the end of the tenancy. If the tenant does not leave voluntarily by the date stated in the notice, the landlord must apply to the county court for a possession order. The tenancy ends legally only once a possession order takes effect or the tenant vacates voluntarily.
What form does a Section 8 notice have to be on?
From 1 May 2026, private landlords in England must use Form 3A, the new prescribed form introduced under the Renters' Rights Act 2025. Notices served on the previous Form 3 after that date are invalid and will be struck out by the court. Form 3A is available free from gov.uk.
