What Is A Section 8 Notice [+ Free Template]

If you rent out property in England or Wales, sooner or later you’ll come across the term "Section 8 notice". Whether it’s chasing unpaid rent or dealing with serious breaches of tenancy, getting your head around how Section 8 works is a must for landlords in 2025.

And with the rental market becoming less lenient towards landlords (especially with Section 21 no-fault evictions soon being phased out), knowing your Section 8 rights and responsibilities is more important than it ever has been. 

In this article, we’ll break it all down for you in simple terms.  We’ll take a look at what a Section 8 notice is, when you can use one, how to serve it properly, and mistakes you should avoid. Plus, we’ve included a free Section 8 template you can grab at the bottom of the page.

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What Is A Section 8 Notice?

A Section 8 notice is a formal legal document you serve on your tenant when you want to repossess your property for a specific reason. It’s often called a “ground for possession”.

It’s part of the Housing Act 1988 and is completely different from a Section 21 notice, where you don’t need a reason to ask the tenant to leave (though Section 21 is likely on the way out by late 2025).

With Section 8, you must show the tenant has breached the tenancy agreement in a particular way, like not paying rent or damaging the property. 

In short:

• Section 21 = no fault needed (soon to be abolished)
• Section 8 = grounds-based eviction, proof required

According to Ministry of Justice data, around 32,000 landlords a year currently use Section 8 to start possession proceedings. And with legal changes approaching, this number will only go up. 

Related: How to Prepare for the Abolition of Section 21

Grounds for Serving a Section 8 Notice

There are 17 different grounds you can use for a Section 8 eviction. Some are mandatory (if proven, the court must grant possession), and some are discretionary (where the court decides if it’s fair to evict).

Here are the most common ones that apply to the large majority of cases:

You can cite multiple grounds in the same notice to strengthen your case. For instance, if your tenant is late with rent AND is damaging the property.

You should always back up your Section 8 claim with solid evidence. The type of evidence you should bring will depend on the claim. Generally, records such as rent ledgers, emails, inspection reports, or witness statements are effective forms of evidence. The court won’t just take your word for it, so come prepared. 

Related: New Landlord Checklist: 15 Steps To Successfully Let Your Property

How to Prepare and Serve a Section 8 Notice (Step-by-Step)

Getting a Section 8 notice right is really important. If you mess up the paperwork or the service process, you could end up having your case thrown out of court and losing months of rent.

Here’s how to do it properly:

1. Check You Have Valid Grounds

Before you even think about serving notice, double-check that the tenant’s behaviour matches one (or more) of the legal grounds under Section 8. This is the most critical step, because you can end up making a bad situation a lot worse for yourself if you don’t have a legally valid argument. 

These are the top questions to ask: 

• Is the rent overdue enough to use Ground 8?
• Has the tenant breached their agreement?
• Is there documented anti-social behaviour?

Review the full list of grounds in Schedule 2 of the Housing Act 1988 if you’re unsure. 

2. Fill Out the Correct Form

You must use Form 3 – Notice Seeking Possession of a Property Let on an Assured Tenancy or an Assured Agricultural Occupancy. You can find a printable PDF here. 

This is a prescribed form, meaning you can’t just knock up your own letter.

Form 3 will ask for:

• Your full name and address
• The tenant’s full name and address
• Which grounds you are relying on
• The details supporting your claim (e.g., amount of arrears)
• How much notice you are giving (depending on the ground)

3. Serve the Notice Correctly

The way you serve the notice matters just as much as the content.

Acceptable methods include:

• By hand: Physically delivering it to the tenant (get them to sign a receipt if possible).
• By post: First-class post or recorded delivery (keep proof of posting).

Text messages, emails, or WhatsApp messages won't count unless the tenancy agreement specifically allows for service this way, which is rare.

And remember: the notice period varies.

• For serious rent arrears (Ground 8), tenants must be given at least 14 days' notice before you can apply to court.
• Other grounds (like anti-social behaviour) might have shorter notice periods,  sometimes immediate for very serious breaches.

Always allow a little extra time for postal delays. Even more so if you’re relying on recorded delivery. It’s safer to over-allow than risk your notice being ruled invalid.

Related: What Landlords Need To Know About Evictions: England & Wales

When Not to Use a Section 8 Notice

There are lots of situations where it’s best not to use a Section 8 notice. Often, it’s smarter to hold off, both from an emotional and financial perspective.

If your tenant is only slightly behind on rent (say, a few days late) or if it’s a minor breach easily fixed, an informal conversation can often solve the problem faster and more affordably than a court battle.

Related: About Section 13: Notice of Rent Increase Form for UK Landlords

What Happens After Serving a Section 8 Notice?

Once the notice period expires, you have two choices:

1. If the tenant leaves voluntarily, great! You can retake possession.
2. If they stay put, you’ll need to apply for a possession order through the courts.

Applying for possession means submitting a claim form (N5) and a particulars of claim (N119) and paying the relevant court fee (currently £355 for a standard possession claim, correct as of early 2025).

The case will be listed for a hearing, where you’ll need to prove your grounds to a judge. If you’ve prepared your evidence properly (rent schedules, witness statements etc.), you stand a good chance of getting possession. 

What Happens If a Section 8 Notice Fails?

Even if you follow all the rules, there’s no guarantee your tenant will walk out peacefully after being served.

If they choose to fight the eviction process, you’ll end up in court. And if your notice or evidence has any holes, they’ll quickly be exposed under questioning.

The worst-case scenario is that the judge dismisses your claim, and you have to start again,  losing months of rent and adding extra court fees to your tab.

Even if the tenant moves out, they might leave behind rent arrears or damage. Recovering those losses is a whole other process, usually involving small claims court, debt recovery agents, or, if the amount is large, enforcing a County Court Judgment (CCJ).

You’ll thank yourself later if you get your paperwork straight from day one. When your records are tight and your forms are spot-on, winning possession gets a lot easier.

What to Include in a Section 8 Notice

Getting a Section 8 notice right isn’t just about sending a stern letter. There are very specific things you must include to keep everything legal.

Here’s what you’ll need to make sure your Section 8 notice is valid:

The Correct Tenant Details

First things first, you need to list all the tenants’ names exactly as they appear on the tenancy agreement.

If you miss someone off, even if they moved out halfway through the tenancy, it could invalidate the notice.

Double-check the tenancy agreement before you complete the form. If the agreement was signed by, say, a couple, both individuals must be named, even if only one person has been causing problems.

The Correct Property Address

It sounds obvious, but mistakes happen.

Make sure the address on the notice matches the property exactly as it appears in the tenancy agreement.

Include the flat number if there is one, and don’t abbreviate details like "Road" or "Avenue" unless they’re officially part of the registered address.

The Grounds for Possession

You must clearly set out the grounds under which you’re seeking possession. These grounds are listed in Schedule 2 of the Housing Act 1988, for example, serious rent arrears, property damage, or anti-social behaviour.

When completing Form 3, you’ll have a section to tick the ground(s) you’re relying on, and space to explain your reasons.

Even if you’re serving on multiple grounds (which is often smart,  a Plan A, B, and C), explain them clearly. 

The Required Notice Period

Depending on the grounds you’re using, you must give your tenant a specific amount of notice.

For instance, serious rent arrears (Ground 8) require 14 days, while serious anti-social behaviour can sometimes proceed immediately to court action.

Signature and Date

The notice must be properly signed and dated.

If you're an individual landlord, you’ll sign it yourself.

If you’re acting as a company or letting agent, the company must sign (or someone authorised to do so on its behalf).

Missing signatures or confusing dating can throw a whole case out before it even gets to court,  and judges don’t mess about when they spot these errors.

Landlord Studio makes property management a whole lot easier.

It gives you the ability to:

• Store tenancy agreements securely.
• Set up automatic rent reminders and receipts.
• Track income and expenses automatically with bank feeds.
• Generate rent statements instantly for court evidence.
• Log maintenance and manage communications.

With everything organised neatly, serving a legally bulletproof Section 8 notice becomes a lot less stressful.

Sound helpful  Create your free Landlord Studio account today.

Section 8 Notice Template

Here’s a formal Section 8 notice template you can use: 

Get A Helping Hand

Serving a Section 8 notice isn’t something any landlord loves doing. That doesn’t change the fact that sometimes it’s necessary to protect your investment.

If you do have to go down this undesirable path, get the details right the first time: pick the correct grounds, fill in the proper forms, serve notice correctly, and keep everything documented. 

Good record-keeping and clear communication make a massive difference if things head to court.

If you want to make managing all this stuff easier (and a lot less stressful), Landlord Studio has your back.

With built-in features for rent tracking, tenant communications, automated reminders, and document storage, it’s the easiest way to stay organised and ready for anything.

Create your free Landlord Studio account today and discover how you can streamline your property management, ensure compliance with regulations, and reduce the chances of late rent.