Since 1 May 2026 a private landlord in England can only start possession of an assured tenancy with a Section 8 notice on Form 3A. Write out each ground in full with your reasons, give the minimum notice for it (two weeks to four months, or none for Grounds 7A and 14), and keep proof of how and when you served it. The tenant does not have to leave when the notice ends, so a court order is the next step.
The short version
- Section 21 ended on 1 May 2026, so evicting an assured tenant starts with a Section 8 notice. It needs a ground for possession, which is a legal reason.
- Use Form 3A, signed, with each ground’s full wording and your reasons.
- Notice runs from four months down to two weeks, and is nil for Grounds 7A and 14.
- Apply to court from the day after the notice ends and within 12 months of service.
What is the difference between a mandatory and a discretionary ground?
A mandatory ground obliges the judge to order possession once the ground is proved. A discretionary ground leaves the judge to decide whether an order is reasonable, even where the ground is proved. One notice can rely on several grounds.
The practical test is evidence, such as a statement of rent owed, photographs of damage or proof you have instructed an estate agent. Read the grounds for possession guidance and our Renters’ Rights Act guide. Our article on selling with a tenant in situ covers the selling ground.
Section 16E(1)(e) of the Housing Act 1988 bars relying on a ground unless you reasonably believe the landlord is, will or may be able to obtain a possession order on it. If the tenant then surrenders within four months without an order, a council can impose a penalty of up to £7,000 (section 16I). The duty also covers agents acting for the landlord. GOV.UK says doing so knowingly or recklessly, with the same result, can lead to up to £40,000 as an alternative to prosecution.
What is the Section 8 notice period for each ground?
Section 8(4AA) of the Housing Act 1988 sets the minimum, and GOV.UK’s Form 3A guidance repeats it. The period begins with the date you serve the notice.
| Notice period | Grounds |
|---|---|
| Four months | 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B |
| Two months | 5, 5A, 5B, 5C, 5D, 5H, 7, 9 |
| Four weeks | 5E, 5F, 5G, 8, 10, 11, 18 |
| Two weeks | 4, 7B, 12, 13, 14ZA, 14A, 15, 17 |
| None | 7A, 14 |
On Grounds 7A and 14 you can apply at once, but if they are the only grounds proved, an order cannot take effect within 14 days of service (section 7(5D)).
With several grounds in one notice, wait for the longest period. Question 2.1 asks for the day after it ends. GOV.UK’s example: Grounds 8 and 7 served on 1 June 2026 means waiting until 1 August 2026.
Here is the arithmetic for an invented service date of Monday 2 November 2026, counted the way GOV.UK’s example is:
| Longest period in the notice | Period ends | Earliest date for question 2.1 |
|---|---|---|
| Four weeks | 29 November 2026 | 30 November 2026 |
| Two months | 1 January 2027 | 2 January 2027 (a Saturday) |
| Four months | 1 March 2027 | 2 March 2027 |
On Grounds 1 and 1A you can serve in a tenancy’s first 12 months, but the notice cannot expire before they end, so it may run longer than four months.
One GOV.UK landlord page says notice is usually at least two months. We follow the Act’s table, which gives shorter periods for several grounds.
What goes in a Form 3A notice?
Download Form 3A from GOV.UK’s assured tenancy forms page and do not change its wording, which GOV.UK says may make it invalid. The form asks for:
- Tenants and property. List every tenant on a joint tenancy.
- Dates. Enter the earliest date you can apply to court. The latest is stated as 12 months from service.
- The ground in full (question 4.2). Paste in the complete legal wording from GOV.UK’s legal wording document. The form says not to rely on the ground’s name alone.
- Your reasons (question 4.3). For each ground, explain why it applies, with evidence.
- Signature. The landlord, or someone authorised to act for them, signs and dates it. An email address you give means the tenant and court may serve documents on you there.
Under section 8(2) the court cannot order possession on a ground not specified, with particulars, in the notice, unless it allows a change.
How do you serve a Section 8 notice, and prove you did?
Follow the method in your written tenancy agreement if it has one. Otherwise GOV.UK lists giving the notice to the tenant in person (the most reliable), delivering it to the property yourself, or registered post. Use email only if the written agreement clearly allows it.
Keep the original and give a copy to each named tenant. Record how and when you served it on a certificate of service (form N215), or write “served by [your name] on [the date]” on the notice. The court will ask for proof. The guidance does not say how a posted notice is counted, so if timing is tight, hand it over in person.
What has to be in place before you serve it?
- The deposit. For most grounds a court will only make an order if the deposit was protected in an approved scheme, the scheme’s rules were followed and the prescribed information was given. Returning the deposit, or a tenant’s challenge that is decided, settled or withdrawn, also meets the test. Grounds 7A and 14 are exempt.
- Conditions of the ground. Some grounds, such as 4A and 5C, need you to have told the tenant at the start of the tenancy that you might use them.
- No breathing space. If the Insolvency Service has notified you of one, you must not serve a notice relying on rent arrears Grounds 8, 10 or 11 unless a court has given you permission.
What happens when the notice ends?
The tenant can stay, and you apply to court within the 12 months. The paper route (forms N5 and N119) works for any ground; the online service is only for claims solely for rent. The court fee is £415 in HMCTS’s July 2026 fee table.
On a mandatory ground an outright order usually sets a date within 14 days, and a judge may allow up to six weeks for exceptional hardship. On a discretionary ground the court can delay longer or suspend the order. If the tenant still does not leave, you apply for a warrant (£152 in that table, although GOV.UK’s repossession page still shows £148) and a bailiff carries out the eviction. Never change the locks yourself.
Why do Section 8 notices fail?
- A wrong or altered form. GOV.UK allows Form 3A or one substantially to the same effect, and warns against changing the wording.
- A ground named but not written out in full, or no reasons. GOV.UK says an incomplete or inaccurate notice can get the claim dismissed or delayed.
- Notice too short, or a wrong date at question 2.1. You cannot apply before the date stated.
- A claim after 12 months. The form says the notice is then no longer valid.
- A missing signature, a missing joint tenant, or no proof of service.
- The deposit or the ground’s own conditions not met.
If the judge dismisses the claim you get no possession order, may have to pay the tenant’s legal costs, and may have to start again. A court can sometimes dispense with the notice if just and equitable (section 8(1)(b)), but not on Ground 7A, 7B or 8 (section 8(5)).
An invalid notice also carries a penalty risk. A written document that claims to be a Section 8 notice but does not comply is a “purported notice of possession” (section 16M). Serving one, or a notice to quit, text or WhatsApp message that tries to end the tenancy, can lead to a penalty of up to £7,000. GOV.UK says enforcement will not usually follow where only a simple mistake, such as a spelling error, is at fault.
What the sources do not settle
- Which day is the last of the 12 months. Diarise a margin.
- Transitional rules. For notices served now, S.I. 2026/421 regulation 6 (a two-month period for Ground 4A, 1 May to 30 July 2026) has ended, and regulation 5 stops Ground 1A applying to pre-1 May 2026 non-shorthold assured tenancies. We did not examine Schedule 6 to the Act.
If you would like help preparing the notice, talk to our lettings team. Our article on rent arrears grounds covers the arrears route, our guide to protecting your rental income the wider picture, and tenants can read the other side in our ending your tenancy guide.
Questions readers ask
Can I still serve a Section 21 notice?
No. GOV.UK says that since 1 May 2026 a landlord can only give a Section 8 notice, and that you cannot serve a Section 21 notice even if the tenancy agreement says you can. To end the tenancy you need a ground for possession, a valid Form 3A notice and, if the tenant stays, a court order.
Can I serve a Section 8 notice by email?
Only if the written tenancy agreement is clear that email is an agreed method of service. GOV.UK says to follow the method in the agreement if it has one. Otherwise you can hand the notice over in person, deliver it to the property, or send it by registered post. Keep a record of how and when you served it.
How long is a Section 8 notice valid for?
Form 3A states that the latest date you can apply to court is 12 months from the date of service, and after that the notice is no longer valid. The earliest date depends on the ground. If the tenant enters a breathing space over rent arrears, GOV.UK says the notice can stay valid for 8 weeks after the breathing space ends in some cases.
Does my tenant have to leave when the notice period ends?
No. The tenant does not have to leave when the notice period ends. You must apply to the court for a possession order, and only a court order, followed if necessary by a warrant and bailiffs, can lead to an eviction. Changing the locks or forcing a tenant out is illegal.
Can one notice rely on more than one ground?
Yes. GOV.UK says you can use more than one ground, and you must wait for the longest notice period of the grounds in the notice before applying to court. The exception is antisocial behaviour grounds 7A and 14, where you can apply on the day you serve the notice even if the notice includes other grounds.
Sources
- GOV.UK, Repossessing your privately rented property after 1 May 2026, last updated 13 July 2026.
- GOV.UK, Grounds for possession guidance, updated 1 May 2026.
- GOV.UK, Assured tenancy forms, last updated 1 May 2026: Form 3A and its guidance for private landlords.
- GOV.UK, Ending a tenancy, read on 17 October 2026.
- GOV.UK, Enforcement measures for landlords, published 1 May 2026.
- legislation.gov.uk, Housing Act 1988, section 8, read on 17 October 2026.
- legislation.gov.uk, Renters’ Rights Act 2025, section 13 (inserting section 16E), section 15 (sections 16I and 16J) and section 17 (section 16M), read on 17 October 2026.
- HM Courts and Tribunals Service, Civil and family court fees, July 2026.
