Section 8 Notice: Grounds, Notice Periods and Form 3A

This guide covers England. Wales uses occupation contracts under the Renting Homes (Wales) Act 2016, with its own possession notices, so a Section 8 notice does not apply to most Welsh lettings.

A Section 8 notice is the notice a landlord in England must give to end an assured tenancy and take the property back. Section 21 was abolished on 1 May 2026, so Section 8 is now the possession route for private landlords letting on assured tenancies in England. Lodgers and some other lettings follow different procedures.

You serve it on Form 3A, rely on one or more legal grounds for possession, write out the full legal wording of each ground, and give at least the minimum notice for the grounds you use. If the tenant does not leave by the end of the notice period, you apply to the court for a possession order.

The rules in brief:

• Form: Form 3A, from gov.uk. A homemade letter, or the old Form 3, can make the notice invalid
• Grounds: 37 in total, 26 mandatory and 11 discretionary
• Rent arrears (Ground 8): at least 3 months' rent (or 13 weeks' rent if paid weekly or fortnightly), owed both when you serve the notice and at the hearing, with 4 weeks' notice
• Selling or moving in (Grounds 1A and 1): 4 months' notice, and the notice cannot end the tenancy within the first 12 months
• Antisocial behaviour (Grounds 7A and 14): no notice period; you can begin proceedings immediately after serving notice, but where these are the only grounds established, the possession order cannot take effect within 14 days of service
• Deposit: for most grounds, the court will not grant possession unless the deposit was protected and the prescribed information served, or the deposit has been returned

Jump to the official Form 3A and our free checker

What is a Section 8 notice?

Its formal name is a notice seeking possession. It tells your tenant that you want the property back and that you intend to go to court if they do not leave. The reason you rely on is called a ground for possession. The grounds are set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025.

Serving the notice does not end the tenancy. Your tenant does not have to leave during the notice period, and the tenancy continues until it ends lawfully: for example, the tenant surrenders it or gives you valid notice and leaves, or, if they stay, the possession order is carried out by bailiffs or enforcement officers. If you want the background to the changes, see how Section 21 was abolished.

Mandatory and discretionary grounds

There are 37 grounds for possession: 26 mandatory and 11 discretionary.

• Mandatory grounds (grounds 1 to 8): if you prove the ground, the court must give you possession. It will make an outright order. In exceptional hardship cases, the possession date can be postponed to a maximum of six weeks after the order is made.
• Discretionary grounds (grounds 9 to 18): you must prove the ground, and the court must also think it is reasonable to grant possession. It may make an outright order, or a suspended order that lets the tenant stay if they keep to certain conditions, such as paying off arrears.

Common grounds and notice periods

You must give at least the minimum notice for each ground you use. If you use more than one ground, you must wait until the longest notice period has ended before applying to court.

The exception is antisocial behaviour (grounds 7A and 14): you can begin proceedings immediately after serving notice, even if you also use other grounds. Where these are the only grounds the court finds established, the possession order cannot take effect within 14 days of service (Housing Act 1988, section 7(5D)).

This is not the full list. See gov.uk's grounds for possession guidance for all 37 grounds.

For rent arrears, our free Section 8 eviction checker tells you whether the arrears meet the Ground 8 threshold and which grounds may apply. If a tenant has started to fall behind, see what to do if a tenant is not paying rent.

Before you serve: five checks

Errors in preparation, notice wording or service can cause a claim to fail. Check these first.

1. You have a valid ground and the evidence to prove it. For arrears, that means a rent statement showing what was due and what was paid. For a breach, it means the tenancy term, photos, inspection reports or correspondence.
2. The deposit is protected. For most grounds, the court will only grant possession if you protected the deposit in a government-approved scheme and served the prescribed information, returned the deposit, or the tenant's deposit claim against you has been decided, settled or withdrawn. This does not apply to grounds 7A or 14. See our guide to deposits and tenancy deposit schemes.
3. The timing works. Grounds 1 and 1A cannot end the tenancy in its first 12 months. Ground 8 arrears must still be at the threshold on the day of the hearing.
4. The tenant is not in a breathing space. If you have been told your tenant is in a breathing space under the Debt Respite Scheme, you cannot use Form 3A on rent arrears grounds unless a court gives you permission.
5. You know your notice period. Use the longest period for the grounds you are relying on, unless you are using grounds 7A or 14, where you can begin proceedings immediately.

How to fill in Form 3A, step by step

1. Download the right form

Get Form 3A and the Form 3A: legal wording for possession grounds document from gov.uk's assured tenancy forms page. Do not use Form 3 for a private let; it is now only for social housing. You must use Form 3A, or a form substantially to the like effect.

2. Name every tenant and give the exact address

List every tenant named on the tenancy agreement, even if only one of them is causing the problem. Give the property address exactly as it appears on the agreement, including any flat number.

3. Write out the full legal wording of each ground (question 4.2)

Question 4.2 asks for the full legal wording of every ground you rely on. Copy it from the legal wording document. If the wording is missing, incomplete or inaccurate, the notice may be invalid and the court could dismiss your claim. gov.uk also encourages you to add a short, plain explanation of each ground, and the legal wording document gives suggested explanations.

4. Explain why the ground applies

Set out the facts behind each ground. For arrears, give the amount owed and the period it covers, and keep a rent statement to back it up.

5. Give the earliest date you can apply to court (question 2.1)

This must be the day after the notice period, or the longest of the notice periods if you use several grounds, has ended. If you use grounds 7A or 14, you can apply as soon as you serve the notice. gov.uk's example: if you serve notice on 1 June 2026 using Ground 8 (4 weeks) and Ground 7 (2 months), the earliest date you can apply to court is 1 August 2026.

6. Sign and date it

Sign and date the form, keep the original and give a copy to each tenant named on the tenancy agreement.

How to serve a Section 8 notice

If your written tenancy agreement says how notices must be served, follow it. Otherwise, gov.uk lists these methods:

• Give it to the tenant in person. This is the most reliable method
• Deliver it to the property yourself, and if the tenant is not in, post it through the letterbox
• Send it to the property by registered post

Only serve it by email if the written tenancy agreement clearly says email is an agreed method of service.

Keep proof of how and when you served it. Either fill in a certificate of service (form N215) or write "served by [your name] on [the date]" on the notice. The notice period starts on the day the notice is served.

What happens after you serve the notice

If the tenant leaves by the end of the notice period, you can take the property back.

If they stay, you need to apply to the court for a standard possession order. You must do this before the notice expires. A notice is normally valid for 12 months from the date you served it, and this can be extended for rent arrears cases where the tenant was in a breathing space.

• Rent arrears only: you can use the Possession Claim Online service.
• Other grounds: complete a claim form (N5) and particulars of claim (N119), and send them to your local court that deals with housing possession.

The court fee for a possession claim is £415, including through Possession Claim Online (HMCTS fees). Fees change, so check before you apply.

At the hearing you will need to prove your grounds. Bring the evidence you gathered before serving: rent statements, the tenancy agreement, inspection reports, photos and correspondence. A judge can also make a money order for rent arrears, court fees and legal costs, alongside or instead of a possession order. For a realistic idea of timings, see how long it takes to evict a tenant.

After the possession order: enforcement

1. The order gives a date by which the tenant must leave.
2. If they do not leave, you can apply for a warrant for possession: form N325 for an outright order (or N325A or N244 if a suspended order is broken), or through Possession Claim Online if you used it for the claim. The current court fee is £152.
3. The court sends you a notice of appointment (EX96) with the eviction date, and county court bailiffs carry out the eviction.
4. For a faster eviction, you can ask to transfer the warrant to the High Court so a High Court enforcement officer can act. You need the county court's permission first. The application fee depends on how you apply (currently £126 by consent or without notice, or £321 on notice), and further enforcement costs may be payable.

A tenant can apply to suspend a warrant, but this is usually only possible where you used a discretionary ground.

If the tenant remains, do not remove them or change the locks yourself. Obtain possession through authorised bailiffs or enforcement officers. Harassment and illegal eviction are criminal offences: you can be prosecuted, or given a civil penalty of up to £40,000 as an alternative to prosecution (gov.uk).

Why Section 8 claims fail

• You used the wrong form, or left out the full legal wording of a ground
• The notice period was too short for the grounds you used
• You did not serve the notice properly, or cannot prove when and how you served it
• You cannot prove the ground with evidence
• For Ground 8, the arrears fell below 3 months' (or 13 weeks') rent by the hearing, once any rent unpaid only because a Universal Credit housing payment had not yet been received is ignored
• The deposit was not protected, or the prescribed information not served, and you are not relying on grounds 7A or 14
• You applied to court after the notice had expired

An invalid notice may mean serving a fresh notice and restarting the process, which can add months of lost rent and extra court fees. If the tenant leaves owing money, recovering it is a separate process, often through a County Court Judgment (CCJ).

When to hold off

A Section 8 notice is a serious step, and it is not always the quickest way to solve the problem. If a tenant is a few days late or has made a minor breach that is easy to put right, a conversation and a written payment plan often resolve it faster and more cheaply than court. Keep a record of what you agree, because it will help if you do need to serve notice later.

Section 8 notice template: use Form 3A

There is no safe DIY Section 8 template. Form 3A is the prescribed form, and a homemade letter that leaves out the statutory wording of a ground can make your notice invalid. Use the official form instead:

• Download Form 3A and the legal wording for possession grounds (gov.uk)
• Read gov.uk's guidance on completing Form 3A (PDF)
• Check whether you can use Section 8 with our free eviction checker

Before you serve it, check that you have:

• Named every tenant on the tenancy agreement
• Given the property address exactly as it appears on the agreement
• Chosen the right ground or grounds
• Written out the full legal wording for each ground, plus a plain explanation
• Explained the facts, with the amount of any arrears
• Given the correct earliest court date, based on the longest notice period (or the date of service if you rely on grounds 7A or 14)
• Signed and dated it, and kept proof of service

Frequently asked questions

Is there a free Section 8 notice template?

Use the official Form 3A, which is free to download from gov.uk's assured tenancy forms page. It is the prescribed form for private landlords in England, and a homemade template that leaves out the legal wording of a ground can make the notice invalid.

How much notice do I need to give for rent arrears?

Four weeks for Grounds 8, 10 and 11. For Ground 8, the tenant must owe at least 3 months' rent (or 13 weeks' rent if they pay weekly or fortnightly) both when you serve the notice and at the hearing. Ignore any rent unpaid only because the tenant has not yet received a Universal Credit payment that includes an amount for housing.

Can I still use a Section 21 notice?

No. Section 21 no-fault evictions were abolished in England on 1 May 2026. Landlords now use a Section 8 notice and one of the grounds for possession, including new grounds for selling or moving in.

Can I serve a Section 8 notice by email?

Only if the written tenancy agreement clearly says email is an agreed method of service. Otherwise, hand it to the tenant, post it through the letterbox at the property, or send it by registered post, and keep proof of service.

How long is a Section 8 notice valid?

Normally 12 months from the date it was served. You must apply to the court before it expires. For rent arrears, the validity can be extended if the tenant was in a breathing space.

Does a Section 8 notice apply in Wales?

Not for most lettings. Wales uses occupation contracts under the Renting Homes (Wales) Act 2016, which have their own possession notices and rules.

Get a helping hand

Serving a Section 8 notice is never a step a landlord wants to take, but getting the details right first time makes everything that follows smoother: the right ground, the right form, proper service and good records.

Landlord Studio keeps a record of rent due and received that you can export as a report, which helps if you need to evidence arrears at a hearing. You can also store your tenancy documents, send rent reminders and keep your property records in one place.

Sources and further reading

Rules change, so check the original before you act on it.

• GOV.UK: Grounds for possession, guidance for landlords and letting agents
• GOV.UK: Repossessing your privately rented property after 1 May 2026
• GOV.UK: Form 3A, completing the notice seeking possession (PDF)
• GOV.UK: Assured tenancy forms
• GOV.UK: Evicting tenants in England

Related guides

• What Landlords Need to Know About Evictions in England
• How Long Does It Take to Evict a Tenant?
• Tenancy Deposit Scheme Rules for Landlords in England
• The Housing Act 1988

This guide is general information for landlords in England, not legal advice. Get advice from a qualified professional on your own circumstances.