Eviction Lawyers · Insights
Section 8 Notice for Eviction: The Complete Landlord’s Guide for 2027
Since 1 May 2026, a Section 8 notice for eviction has been the only way a private landlord in England can begin recovering a property from an assured tenant. The Renters’ Rights Act 2025 abolished Section 21 “no-fault” notices, so every possession claim now depends on proving a legal reason. This guide covers the grounds, how to serve the notice correctly and what happens next.
Table of Contents
- What Is a Section 8 Notice?
- Why Section 8 Now Matters to Every Landlord
- Mandatory and Discretionary Grounds
- The Most Commonly Used Grounds
- How to Prepare a Valid Section 8 Notice
- What Happens After You Serve the Notice?
- Common Mistakes That Delay Evictions
- Section 8 Does Not Apply in Wales
- How Eviction Lawyers Can Help
- Section 8 Notice FAQs
- Get Your Section 8 Notice Right First Time
What Is a Section 8 Notice?
A Section 8 notice is a formal notice under section 8 of the Housing Act 1988, telling the tenant that you intend to seek possession of the property and why. It must be served on Form 3A and must rely on one or more grounds for possession listed in Schedule 2 of the Act.
Serving the notice does not end the tenancy by itself. If the tenant stays, only a court possession order, enforced by bailiffs if necessary, can lawfully remove them.
Why Section 8 Now Matters to Every Landlord
Section 21 has closed, and old Section 21 notices could only be used if a claim was issued by 31 July 2026. Our page on what replaced Section 21 explains where existing cases stand.
Most assured shorthold tenancies also became periodic on 1 May 2026, so a Section 8 notice is now how a tenancy is brought to an end.
Mandatory and Discretionary Grounds
Section 8 grounds fall into two types:
- Mandatory grounds: if you prove the ground, the court must make a possession order.
- Discretionary grounds: even if you prove the ground, the judge decides whether making an order is reasonable.
The Most Commonly Used Grounds
| Ground | Reason | Type | Minimum notice |
| Ground 1 | You or close family moving in | Mandatory | 4 months |
| Ground 1A | Selling the property | Mandatory | 4 months |
| Ground 8 | Serious rent arrears | Mandatory | 4 weeks |
| Grounds 10 and 11 | Other arrears or persistent late payment | Discretionary | 4 weeks |
| Grounds 7A and 14 | Anti-social behaviour or criminal activity | Mandatory / Discretionary | None |
Selling or moving in
Grounds 1 and 1A cannot be used to end a tenancy within its first 12 months. Once you serve notice on either ground, you also cannot re-let or market the property until 12 months after the notice period ends. Misuse can mean penalties of up to £40,000.
Rent arrears
For Ground 8, the tenant must owe at least three months’ rent (or 13 weeks if paid weekly or fortnightly) both when the notice is served and at the hearing. Most landlords add Grounds 10 and 11 so the claim survives if the tenant pays down the arrears before court.
Anti-social behaviour
Proceedings can begin as soon as notice is served, and deposit rules do not block these grounds.
Some grounds, including 2ZA, 2ZB, 4A and 5C, only work if you told the tenant at the start of the tenancy that you might rely on them. Full details are in the GOV.UK grounds for possession guidance.
How to Prepare a Valid Section 8 Notice
Check your compliance
For most grounds, the court cannot make a possession order unless the deposit was protected in an approved scheme and the prescribed information given.
Use the current Form 3A
Download Form 3A from the GOV.UK assured tenancy forms page. The old Form 3 is no longer valid for private tenancies.
Complete it in full
- Copy out the full legal wording of each ground you rely on.
- Explain clearly why each ground applies, for example by stating the arrears amount and attaching a rent statement.
- Set the correct date. Where you use several grounds, the longest notice period applies.
Serve it properly
Serve every named tenant, follow any service clause in the tenancy agreement and keep proof of service and a signed copy for court.
What Happens After You Serve the Notice?
A Section 8 notice normally stays valid for 12 months, so apply to court within that time if the tenant stays.
Claims based only on rent arrears can use the Possession Claim Online service. Other claims use forms N5 and N119, as GOV.UK’s standard possession claims guidance explains.
If the tenant ignores the possession order, apply for a warrant so county court bailiffs can enforce it. Never change the locks yourself: that is unlawful eviction.
Unsure which ground fits your situation? Call 0333 050 5381 to speak with a panel solicitor before you serve notice.
Common Mistakes That Delay Evictions
- Using Form 3 or an old template instead of Form 3A.
- Relying on the old two-month arrears threshold for Ground 8.
- Giving too little notice for the grounds used.
- Listing a ground number without explaining the facts.
- Overlooking an unprotected deposit.
For Grounds 7A, 7B and 8, the court cannot overlook a defective notice, so an error usually means starting again.
Section 8 Does Not Apply in Wales
Welsh tenancies are occupation contracts under the Renting Homes (Wales) Act 2016, with their own notices, so Form 3A cannot be used. See our guide to evicting a tenant in Wales.
Lodgers, squatters and some shared houses also fall outside the standard Section 8 process. Our complex eviction case guide explains these situations.
How Eviction Lawyers Can Help
Eviction Lawyers connects landlords with panel solicitors who are authorised and regulated by the Solicitors Regulation Authority. They can choose the strongest grounds and draft Form 3A, with eviction notice drafting from £100 + VAT. They also provide court representation for uncontested cases from £1,500 + VAT. Landlords owed rent can also use our rent arrears recovery service.
Section 8 Notice FAQs
Can I still evict a tenant without a reason?
No. Since 1 May 2026, landlords in England must rely on a Section 8 ground. Section 21 no-fault notices can no longer be served.
How much notice does a Section 8 notice require?
It depends on the ground: none for serious anti-social behaviour, four weeks for rent arrears and four months for selling or moving in.
How long is a Section 8 notice valid?
Normally 12 months from service. Court proceedings must start within that time.
Get Your Section 8 Notice Right First Time
A Section 8 notice for eviction is the foundation of your whole claim. Contact Eviction Lawyers or call 0333
