Section 8 notice: the eviction notice landlords must use from 2026
Since section 21 ended on 1 May 2026, a section 8 notice is the only way to start ending an assured tenancy in England. It must name a legal ground, quote the ground's wording in full, explain why it applies and give enough notice.
Information, not legal advice. Know Your Let is not a law firm and does not act in court cases. We can help with the notice stage (see pricing); court claims and hearings are for you or a solicitor.
Section 8 notice requirements
- The right form: Form 3A for private landlords (Form 3 is for social landlords). Old versions of the form should not be used.
- The full ground wording: copy the statutory text for every ground from the GOV.UK "legal wording for possession grounds" document – a ground name alone is not enough.
- Your reasons: explain in box 4.3 why each ground applies, with figures and dates (for arrears, a rent statement).
- Enough notice: the earliest court date must fall after the longest notice period of the grounds used.
- Deposit and prior-notice rules: most grounds need the deposit protected and prescribed information given; some grounds (for example 4A, 5C) need the tenant to have been warned at the start.
- Every tenant named on a joint tenancy, signed by the landlord or an authorised agent.
Section 8 grounds and notice periods
| Ground | Reason | Type | Notice |
|---|---|---|---|
| 1 | Landlord or family member moving in | Mandatory | 4 months |
| 1A | Landlord intends to sell | Mandatory | 4 months |
| 6 | Redevelopment | Mandatory | 4 months |
| 7A | Severe antisocial or criminal behaviour | Mandatory | None – can apply to court straight away |
| 8 | Serious rent arrears (3 months / 13 weeks) | Mandatory | 4 weeks |
| 10 | Any rent arrears | Discretionary | 4 weeks |
| 11 | Persistent late payment of rent | Discretionary | 4 weeks |
| 12 | Breach of a tenancy term (not rent) | Discretionary | 2 weeks |
| 13 | Deterioration of the property | Discretionary | 2 weeks |
| 14 | Antisocial behaviour | Discretionary | None – can apply to court straight away |
All grounds explained · Calculate your dates
How to get and serve a section 8 notice
- Download Form 3A and the legal wording document from GOV.UK's assured tenancy forms page.
- Complete it (box-by-box guide) and keep a copy.
- Serve it in a way you can prove, following any notice clause in the tenancy agreement – hand delivery with a witness, or post allowing time for delivery.
- Record how and when you served it; form N215 (certificate of service) is used when you later go to court.
What happens next
If the tenant has not left by the date in the notice, you can apply to court – see possession claim forms N5, N119 and PCOL. The notice lapses if you don't start proceedings within 12 months of serving it.
Common questions
What is a section 8 notice?
A notice under section 8 of the Housing Act 1988 telling the tenant you intend to start possession proceedings on one or more grounds in Schedule 2. For private landlords in England it must be on Form 3A (or a form substantially to the same effect) since 1 May 2026.
Is a section 8 notice the same as a notice to quit?
No. A notice to quit ends periodic tenancies that are not assured (for example some lodger or licence arrangements). Assured tenants can only be evicted after a section 8 notice and a court order.
Can a section 8 notice be withdrawn or reversed?
You can decide not to start proceedings; the notice simply lapses if no claim is issued within 12 months of service. A court can also refuse to act on a notice that is defective.
How do I get a free section 8 notice?
Form 3A is free to download from GOV.UK, together with the “legal wording for possession grounds” document you copy from. See how to fill it in.
What should a tenant do if they get a section 8 notice?
They do not have to leave on the date in the notice; the landlord needs a court order. Tenants should read Section 6 of the form and get advice, for example from Shelter or Citizens Advice.
Related guides
The 3-month / 13-week threshold.Section 8 grounds list →
Every ground private landlords can use.Section 21 abolished →
What replaced no-fault eviction.Eviction timeline tool →
From notice to bailiffs.
Sources
- GOV.UK: Assured tenancy forms (Form 3A and legal wording for grounds)
- GOV.UK: Grounds for possession – guidance for landlords and letting agents
- GOV.UK: Repossessing your privately rented property after 1 May 2026
- legislation.gov.uk: Housing Act 1988, section 8 (notice periods, s8(4AA))
- legislation.gov.uk: Housing Act 1988, Schedule 2 (grounds for possession)
Last checked 28 Sep 2026. Figures and fees change; check the official source before you act.