Section 8 Notice Explained: Complete Landlord Guide (2026)

📋 Article Information

Last updated: August 2026

Reading time: 5 minutes

Applies to: England

Legislation: Renters’ Rights Act 2025

Category: Rent Arrears

Since 1 May 2026, private landlords in England can no longer serve a new Section 21 notice. To recover possession of most privately rented properties, a landlord must now usually rely on a legally recognised ground and serve a Section 8 notice.

The Renters’ Rights Act 2025 changed the possession grounds, notice periods and prescribed form landlords must use. This guide provides an overview of the new Section 8 process and explains the main steps landlords should consider before serving notice.

What Is a Section 8 Notice?

A Section 8 notice is a formal notice informing a tenant that the landlord intends to seek possession of the property using one or more statutory grounds.

The notice must identify the grounds being relied upon and explain why they apply. The notice period varies according to the grounds selected.

Serving the notice does not automatically end the tenancy. If the tenant does not leave, the landlord must normally apply to the county court for a possession order.

When Can a Landlord Use One?

A landlord may use a Section 8 notice where one or more possession grounds apply.

The grounds cover situations including:

• serious rent arrears or persistent late payment;
• breach of the tenancy agreement;
• damage to the property;
• antisocial behaviour;
• the landlord intending to sell;
• the landlord or a qualifying family member intending to move into the property; and
• certain specialist housing or employment circumstances.

The landlord must have evidence supporting each ground used. A notice should not be served merely because the landlord would prefer the tenant to leave.

Grounds for Possession

Possession grounds are either Mandatory or Discretionary.

With a mandatory ground, the court must generally grant possession if the landlord proves the ground and has followed the correct procedure.

With a discretionary ground, the court must also decide whether making a possession order is reasonable.

Common examples include:

• Ground 1: the landlord or a qualifying family member intends to occupy the property;
• Ground 1A: the landlord genuinely intends to sell;
• Ground 8: the tenant meets the serious rent-arrears threshold;
• Ground 10: some rent is unpaid;
• Ground 11: the tenant has persistently paid rent late;
• Ground 12: breach of a tenancy obligation;
• Ground 14: antisocial behaviour; and
• Ground 17: the tenancy was obtained through a false statement.

Different grounds carry different legal tests and notice periods. A landlord may use several grounds together where each is supported by the facts.

How to Serve the Notice

For notices served on or after 1 May 2026, private landlords in England must use Form 3A, or a document containing substantially the same information. The previous Form 3 is now intended for the social rented sector and should not be used for a new private-sector notice.

The notice must:

• identify the correct possession ground or grounds;
• explain fully why each ground applies;
• give the tenant the correct minimum notice period; and
• state the earliest date on which court proceedings may begin.

The notice period depends on the grounds used. For example, Grounds 1 and 1A generally require four months’ notice, Grounds 8, 10 and 11 require four weeks, and Ground 12 normally requires two weeks. Proceedings under Ground 14 for antisocial behaviour may begin immediately after notice is served, although the court cannot make a possession order until at least 14 days after service.

The tenancy agreement should be checked for any clause governing how notices must be delivered. Depending on the agreement, service may be made personally, through the property’s letterbox or by post. Landlords should keep reliable proof of the date and method of service.

Serving a Section 8 notice does not itself end the tenancy or give the landlord authority to change the locks. The tenant is entitled to remain until they leave voluntarily or the court process has been completed.

Common Mistakes

Section 8 notices can fail because of relatively small errors. Common mistakes include:

• using the incorrect form;
• selecting grounds that are not supported by the circumstances;
• giving an outdated or insufficient notice period;
• entering the wrong landlord, tenant or property details;
• failing to explain clearly why each ground applies;
• calculating dates incorrectly;
• serving the notice by a method not permitted by the tenancy;
• having no reliable evidence of service;
• relying on the former two-month Ground 8 arrears threshold; or
• failing to retain evidence supporting the possession case.

For Ground 8, a monthly-paying tenant must generally owe at least three months’ rent both when the notice is served and at the court hearing. Falling below that threshold before the hearing may prevent the landlord from succeeding on mandatory Ground 8, although discretionary Grounds 10 or 11 may still apply where pleaded and supported by the evidence.

A notice may also be challenged if the landlord has not complied with applicable deposit-protection requirements. Before serving notice, landlords should therefore review the tenancy documents, deposit records, rent account and supporting evidence rather than treating Form 3A as a simple form-filling exercise.

What Happens Next?

The tenant does not have to leave merely because the notice period expires.

If the tenant remains, the landlord must apply to the county court for a possession order. The court will consider whether:

• the notice was valid;
• the correct grounds and notice period were used;
• the notice was properly served;
• the landlord has proved the facts supporting the grounds; and
• possession is reasonable where a discretionary ground is being used.

A Section 8 notice served on or after 1 May 2026 can generally be used to begin court proceedings for up to 12 months after it was served, although landlords should act promptly and check whether any ground-specific deadline applies.

If the court grants possession but the tenant does not leave by the date ordered, the landlord must apply for lawful enforcement. The landlord must not remove the tenant, dispose of their belongings or change the locks without the appropriate court process.

The next stage may therefore involve:

1. preparing and issuing the possession claim;
2. supplying the notice and supporting evidence to the court;
3. attending a possession hearing where required;
4. obtaining a possession order; and
5. applying for court enforcement if the tenant remains.

You can also read the official possession guidance published by the UK Government.