Giving notice to evict tenants — Section 8 and the new rules

Section 8 is the statutory notice route that allows landlords in England to seek possession based on specific grounds set out in Schedule 2 of the Housing Act 1988. Getting the notice right — correct form, correct ground, correct notice period — is essential. Any error can mean starting again from scratch. Reviewed March 2026.

What the rule is

A Section 8 notice must be served on Form 3, available from GOV.UK. The notice must:

• Identify the property
• State the ground(s) relied upon (by number and wording)
• Give the tenant the required notice period
• State the date on or after which possession proceedings may be issued

Grounds are either mandatory (the court must grant possession if the ground is proven) or discretionary (the court may grant possession if it considers it reasonable to do so).

Key grounds and notice periods (pre-1 May 2026):

When it applies

Section 8 applies to all assured shorthold tenancies (ASTs) in England. From 1 May 2026, it also applies to all assured tenancies, as all tenancies become periodic and Section 21 is abolished.

What landlords must do

Step 1 — Confirm your ground. Review the tenancy agreement, rent account, and any relevant evidence. Identify which ground(s) apply. You can cite multiple grounds on a single Form 3.

Step 2 — Complete Form 3 accurately. Use the current version from GOV.UK. Fill in the property address, the tenancy start date, the ground(s) with their full statutory wording, and calculate the notice expiry date correctly.

Step 3 — Serve the notice correctly. Serve the notice in the method specified in the tenancy agreement (usually first-class post, hand delivery, or a combination). Keep proof of service — a signed delivery note, a certificate of posting, or a witness statement.

Step 4 — Wait for the notice period to expire. Do not issue court proceedings until the notice period has fully elapsed and the date stated on the notice has passed.

Step 5 — Apply to court if the tenant has not left. Issue a possession claim using form N5 at the county court. See the guide on standard possession claims.

What evidence to keep

• Completed Form 3 (copy for your records)
• Proof of service (recorded delivery receipt, certificate of posting, or process server certificate)
• Evidence supporting the ground: rent statement (arrears), complaints log and police reference numbers (ASB), breach notice and correspondence (other breaches)
• Tenancy agreement confirming the relevant obligations or rent amount
• Any prior communications with the tenant about the issue

What changed on 1 May 2026

The Renters’ Rights Act makes significant changes to Section 8:

Section 21 is abolished and Section 8 becomes the only route to possession for all tenancies in England from 1 May 2026.

New mandatory grounds for sale and occupation. The Act introduces a new mandatory ground allowing landlords to recover possession to sell the property, and strengthens the existing ground for landlords or family members wishing to move in. These are important additions for landlords who need possession for personal reasons.

12-month moratorium. Landlords cannot rely on the selling ground or the occupation ground within the first 12 months of a tenancy. This prevents landlords from evicting new tenants quickly on these grounds.

Updated notice periods. The Act adjusts several notice periods. In particular, the notice period for rent arrears grounds under the new regime requires the tenant to have been in arrears for a longer period than previously before the mandatory ground is available. Landlords should always check the current statutory notice periods rather than relying on pre-2026 figures.

New ground for repeated rent arrears. A new ground is introduced to deal with tenants who repeatedly fall into arrears and then pay just before proceedings, exploiting the existing Ground 8 threshold. This gives landlords a route to possession even where arrears are cleared by the hearing date.

Common mistakes

• Using an out-of-date version of Form 3 — always download the current version from GOV.UK
• Calculating the notice period from the date of posting rather than the date of deemed service (typically two working days for first-class post)
• Citing only Ground 8 when Grounds 10 and 11 should also be cited — belt-and-braces is best practice
• Serving notice before the arrears threshold for Ground 8 has been reached
• Failing to re-serve if the tenant’s circumstances change and you amend the particulars

FAQ

Can I serve a Section 8 notice during a fixed term? Yes, for certain grounds (particularly arrears and ASB grounds) a Section 8 notice can be served during a fixed term. However, possession proceedings cannot be issued until the notice period has expired and, for some grounds, the fixed term must also have ended.

What if the tenant pays off arrears after I serve the notice? For mandatory Ground 8, the arrears threshold must be met both at the time of the notice and at the hearing. If the tenant clears arrears below the threshold before the hearing, Ground 8 fails — but Grounds 10 and 11 (discretionary) may still apply if you cited them on the notice.

Can I serve Section 8 and Section 21 at the same time? Before 1 May 2026, yes. After 1 May 2026, Section 21 is no longer available.

Do I need a solicitor to serve a Section 8 notice? No — landlords can serve Section 8 notices without a solicitor. However, for contested cases or complex grounds, legal advice is strongly recommended before issuing court proceedings.