Section 8 Eviction Services - For Landlords in England & Wales
A Section 8 notice is a legal notice landlords in England use to regain possession of a rented property under the Housing Act 1988.
Since 1 May 2026, Section 21 has been abolished, requiring landlords to rely on statutory grounds for eviction.
What is a Section 8 Eviction Notice?
A Section 8 Eviction Notice is a legal notice served by landlords in England to regain possession of a rented property based on specific legal grounds under the Housing Act 1988.
It allows landlords to begin eviction proceedings for reasons such as rent arrears, breach of tenancy, or other statutory grounds.
Why Section 8 is Now the Main Route to Possession
This makes choosing the right ground, meeting its conditions and gathering the right evidence more important than ever.
Private Tenancies Are Now Periodic
- The Renters' Rights Act 2025 introduced an assured periodic tenancy system for private rentals in England.
- From 1 May 2026, existing assured shorthold tenancies generally converted to periodic tenancies, and new tenancies are generally periodic.
- Section 21 has been abolished, so landlords must rely on statutory Section 8 grounds to recover possession.
Form 3A: The New Section 8 Notice
Form 3A requires you to state each ground you rely on and explain why it applies. Always download the current version from GOV.UK immediately before serving, rather than using a saved or third-party template.
Warning: Mistakes can Delay or Defeat Your Claim
A possession claim may be delayed or dismissed if you use the wrong form, rely on the wrong ground, give the wrong notice period, or do not adequately explain why the ground applies. For some grounds, including Grounds 7A, 7B and 8, the court cannot overlook a defective notice. You may then have to serve a new notice and start again.
Mandatory and Discretionary Grounds: What is the Difference?
Mandatory Grounds
Ground 1 – Landlord or family moving in (4 months): Cannot be used to make the tenant leave in the first 12 months of a new tenancy.
Ground 1A – Landlord selling (4 months): Cannot be used in the first 12 months of a new tenancy, or for assured (non-shorthold) tenancies created before 1 May 2026.
Ground 1B – Sale of a Rent to Buy property (4 months): Social housing providers only.
Ground 2 – Sale by mortgage lender (4 months): Lets a lender sell the property after mortgage default.
Grounds 2ZA to 2ZD – Superior lease ending (4 months): Applies where the landlord's own lease is ending; strict conditions apply to each ground.
Ground 4 – Student accommodation (2 weeks): Universities and colleges only.
Ground 4A – Student HMO needed for new students (4 months): Must fit the academic year, and prior notice to the tenant is required.
Ground 5 – Minister of religion (2 months): Property needed for a minister of religion.
Ground 5A – Agricultural worker (2 months): Property needed to house an agricultural worker.
Grounds 5B and 5D – Employment requirements (2 months): Social housing providers only.
Ground 5C – Tenant's employment has ended (2 months): Applies where the property was let because of the tenant's job.
Grounds 5E to 5G – Supported or homelessness accommodation (4 weeks): Specific conditions apply.
Ground 5H – Stepping-stone accommodation (2 months): Social housing providers and charities only.
Ground 6 – Redevelopment or demolition (4 months): Work cannot be done with the tenant in the property; usually not in the first 6 months of the tenancy.
Ground 6A – Decant accommodation (4 months): Social landlords only.
Ground 6B – Enforcement action (4 months): Landlord needs possession to comply with enforcement action.
Ground 7 – Death of tenant (2 months): Usually within 12 months of the death; not against a spouse or partner who succeeded to the tenancy.
Ground 7A – Serious anti-social or criminal behaviour (no notice period): Court proceedings can start straight away, but no order for at least 14 days.
Ground 7B – No right to rent (2 weeks): Applies after notification from the Home Office.
Ground 8 – Serious rent arrears (4 weeks): At least 3 months' rent (or 13 weeks' rent) owed, both when the notice is served and at the hearing.
Discretionary Grounds
Ground 9 – Suitable alternative accommodation (2 months): Suitable other accommodation must be available to the tenant.
Ground 10 – Some rent unpaid (4 weeks): Any amount of rent arrears.
Ground 11 – Persistent late payment (4 weeks): Applies to a pattern of paying rent late, even if nothing is currently owed.
Ground 12 – Breach of tenancy (2 weeks): The tenant has broken a term of the tenancy other than paying rent.
Ground 13 – Damage to the property (2 weeks): The condition of the property has got worse.
Ground 14 – Anti-social behaviour (no notice period): Covers nuisance, anti-social behaviour or a serious offence in or near the property by the tenant, someone living with them or a visitor. Court proceedings can start straight away, but no order for at least 14 days.
Ground 14A – Domestic abuse (2 weeks): Social landlords only.
Ground 14ZA – Riot-related offence (2 weeks): The tenant or an adult living with them has been convicted of an offence committed during a riot.
Ground 15 – Damage to furniture (2 weeks): The condition of furniture provided with the property has got worse.Ground 17 – False statement (2 weeks): The tenancy was obtained through a false statement by the tenant or someone acting for them.Ground 18 – Supported accommodation (4 weeks): The tenant is not cooperating with the support provided; specific conditions apply.
Ground 8: Serious Rent Arrears - What has Changed
- Threshold: for a tenant who pays monthly, the arrears must generally be at least three months' rent. For weekly or fortnightly rent, the threshold is generally at least 13 weeks' rent.
- Two dates: the required level of arrears must exist both when the notice is served and at the date of the hearing. If the tenant reduces the arrears below the threshold before the hearing, Ground 8 will not succeed.
- Notice period: at least four weeks.
- Universal Credit: a tenant cannot be evicted under Ground 8 where the threshold is reached only because Universal Credit has not yet been paid.
Anti-Social Behaviour: Grounds 7A and 14
Prior Notice Requirements: Identifying a Ground is Not Always Enough
Other conditions to check before serving a Section 8 notice
- Deposit Protection: the court cannot make a possession order if a deposit has not been protected in a government-approved scheme and the prescribed information given, except for the anti-social behaviour Grounds 7A and 14.
- Landlord Type: some grounds can only be used by social landlords, registered providers, charities, universities or specific categories of landlord (see the tables above).
- Timing: Grounds 1 and 1A cannot be used to end a tenancy in its first 12 months, and some grounds must be used within a set period.
- Re-Letting Restrictions: after recovering possession on Grounds 1 or 1A, restrictions apply to re-letting the property.
- Renters' Rights Act Compliance: make sure the tenant has received the correct Information Sheet or written information
How the Section 8 Eviction Process Works
- Check the tenancy and compliance paperwork. Confirm the type of tenancy, deposit protection and prescribed information, and that the Information Sheet or written information has been provided.
- Choose the correct ground or grounds. Check every statutory condition, including any prior-notice or landlord-type requirements, and the evidence you will need.
- Serve Form 3A with the correct notice period. State each ground and explain why it applies. Keep proof of service.
- Wait for the notice period to end. Proceedings must then be started while the notice is still valid (normally 12 months from service).
- Apply to court for a possession order. Claims based only on rent arrears can use Possession Claim Online; other grounds use the paper process.
- Attend the hearing. For discretionary grounds, the court will also consider whether an order is reasonable.
- Enforce the order if necessary. If the tenant does not leave by the date in the order, apply for a warrant of possession so that bailiffs can carry out the eviction.
Common Section 8 Mistakes to Avoid
- Using the old Form 3, or an out-of-date template, instead of Form 3A.
- Relying on the old Ground 8 threshold of two months' arrears or the old two-week notice period.
- Giving the wrong notice period for the ground relied on.
- Listing a ground without explaining the facts that show why it applies.
- Relying on a ground only available to a different type of landlord, or without the required prior notice.
- Serving notice under Grounds 1 or 1A that expires within the 12-month protected period.
- Not protecting the deposit or serving the prescribed information.
- Not providing the Information Sheet or required written information.
- Starting proceedings too early, or after the notice has expired.
Our Section 8 Eviction Service
- review your tenancy, deposit and Renters' Rights Act compliance before any notice is served;
- advise on the correct ground or grounds and the evidence required;
- draft and serve Form 3A with the correct notice period and a clear explanation of each ground;
- prepare and issue the possession claim;
- represent you at the hearing, including where the tenant defends the claim; and
- arrange enforcement if the tenant does not leave.
Section 8 is now at the centre of every landlord possession case. Eviction Lawyers is a lead generation business; all legal work is carried out by our panel solicitors, who are authorised and regulated by the Solicitors Regulation Authority. They can:
The Renters' Rights Act Information Sheet 2026
For existing assured and assured shorthold tenancies with written terms that transitioned to the new regime on 1 May 2026, landlords and letting agents generally had to give every named tenant the government's official Renters' Rights Act Information Sheet 2026 by 31 May 2026.
You must provide the actual government PDF, either as a hard copy delivered by hand or post, or electronically as a PDF attachment (for example, to an email). Simply sending the tenant a website link to the document is not sufficient.
The government warns that failure to comply can result in a financial penalty of up to £7,000.
Frequently asked questions
What is a Section 8 notice?It is the notice a landlord in England serves to start the process of recovering possession of a property let on an assured tenancy, relying on one or more statutory grounds for possession. Private landlords must now use Form 3A.
Can I still use Form 3?Not for private rented tenancies under the new regime. Private landlords should use Form 3A. Form 3 remains relevant to the social rented sector.
How much notice do I need to give under Section 8?It depends on the ground. The main periods are four months (for example selling or moving in), two months, four weeks (for example rent arrears) and two weeks (for example breach of tenancy). There is no minimum notice period for Grounds 7A and 14.
How much rent arrears do I need for Ground 8?Generally at least three months' rent if paid monthly, or 13 weeks' rent if paid weekly or fortnightly, both when the notice is served and at the hearing. Four weeks' notice is required.
Can I evict a tenant because I want to sell?Potentially, under Ground 1A, with four months' notice. The tenant cannot be required to leave within the first 12 months of a new tenancy, and restrictions apply to re-letting afterwards.
What is the difference between mandatory and discretionary grounds?On a mandatory ground, the court must make a possession order if the ground is proved. On a discretionary ground, the court must also decide whether making an order is reasonable.
Can I use more than one ground?Yes. Landlords often rely on several grounds in one notice. The longest notice period generally applies before proceedings can begin.
What happens if my Section 8 notice is wrong?The claim may be delayed or dismissed, and you may need to serve a new notice and wait for a new notice period before going back to court.
Do I still need to give tenants the How to Rent guide?The Renters' Rights Act introduced new requirements: the Information Sheet for existing written tenancies and prescribed written information for new tenancies. Take advice on exactly what applies to your tenancy.
Where do we operate?
We serve landlords across England and Wales
We appear in courts across the UK, including Birmingham Civil Justice Centre, London Central County Court, and Leeds Combined Court.
Section 8 Eviction Legal Support – Fixed-Fee Packages Available
Looking to take swift action against a tenant under Section 8? We offer a range of clear, fixed-fee legal packages designed to make the eviction process straightforward and affordable for landlords across England and Wales.
Whether you need help drafting the notice or full court representation, our solicitors are here to support you from start to finish.
Section 8 eviction proceedings require strict adherence to legal procedures and timelines. Improper service or incorrect grounds can result in case dismissal and additional costs. Our experienced solicitors ensure compliance with all requirements.
Ready to start?
Contact us today to begin your Section 8 eviction process with confidence.
Have Questions or Need Legal Help?
If you need personalised advice or support with an eviction case, our specialist solicitors are here to help. Contact us for a free consultation and fixed-fee service options.
