Section 8 Notice (Form 3A)

Section 8 Notice (Form 3A)

A Section 8 notice, also called a notice seeking possession, is the formal first step a landlord in England must take to end an assured tenancy. Since 1 May 2026, a Section 8 notice on a legal ground is the only way for a private landlord to start possession proceedings. It must be served on the prescribed Form 3A, rely on one or more legal grounds, and give the right amount of notice.

This page covers private assured tenancies in England. Different rules apply in Wales and Scotland, and to social housing.

What Changed on 1 May 2026?

• Every claim needs a ground
  Every possession claim against a private assured tenant now needs a ground under Schedule 2 to the Housing Act 1988.
• New and updated grounds
  These include Ground 1A (selling the property) and updated grounds for a landlord or family member moving in, rent arrears and anti-social behaviour.
• New form
  Notices served on or after 1 May 2026 must use the new Form 3A. Old Form 3 notices served before that date had to be followed by court proceedings by 31 July 2026, or they lapsed.
• Longer notice for some grounds
  Moving in and selling now require four months' notice, and can't be used to get possession in the first 12 months of the tenancy.

Section 8 Notice Periods

How much notice you must give depends on the ground. The main periods under section 8(4AA) of the Housing Act 1988 are:

• Four months
  Grounds 1, 1A, 1B, 2, 2ZA to 2ZD, 4A, 6, 6A and 6B (for example, moving in, selling or redevelopment).
• Two months
  Grounds 5, 5A to 5D, 5H, 7 and 9.
• Four weeks
  Grounds 5E to 5G, 8, 10, 11 and 18 (including rent arrears).
• Two weeks
  Grounds 4, 7B, 12, 13, 14ZA, 14A, 15 and 17 (including breach of tenancy).
• Immediately
  Grounds 7A and 14 (serious and other anti-social behaviour). Proceedings can begin as soon as the notice is served.

Court proceedings must normally begin within 12 months of the notice being served.

Common Grounds for Possession

1. Ground 1: landlord or family moving in
   Four months' notice. Can't be used to get possession in the first 12 months.
2. Ground 1A: selling the property
   Four months' notice. Can't be used to get possession in the first 12 months.
3. Ground 8: serious rent arrears
   At least three months' rent (or 13 weeks' rent for weekly tenancies) owed when the notice is served and at the hearing. Four weeks' notice.
4. Grounds 10 and 11: rent arrears and persistent late payment
   Discretionary grounds. Four weeks' notice.
5. Ground 12: breach of the tenancy agreement
   Discretionary. Two weeks' notice.
6. Ground 14: anti-social behaviour
   Discretionary. Proceedings can start immediately.
7. Ground 6: redevelopment
   Four months' notice, where substantial works can't be done with the tenant in place.

Mandatory grounds mean the court must make a possession order if the ground is proved. Discretionary grounds mean the court decides whether it is reasonable.

How to Serve a Section 8 Notice

1. Check your ground and evidence
   Make sure the facts support the ground you rely on.
2. Check your paperwork
   Make sure the deposit is protected and that you have met your other legal duties. Problems here can affect your claim.
3. Complete Form 3A
   Set out each ground in full, the reasons, and the earliest date court proceedings can begin.
4. Serve the notice correctly
   Follow the tenancy agreement and keep proof of service.
5. Apply to court if needed
   If the tenant doesn't leave, apply for a possession order. Only a court bailiff or High Court enforcement officer can carry out an eviction.

Section 8 Notice FAQs

Can I end a tenancy without giving a reason?

No, not for a private tenancy in England. Since 1 May 2026, a Section 8 notice on a valid ground is the only route.

Does a Section 8 notice mean my tenant has to leave?

No. It tells your tenant you intend to apply to court. A tenant only has to leave if they choose to, or if the court makes a possession order.

Can I evict my tenant to sell the property?

Yes, using Ground 1A with four months' notice, but you can't get possession in the first 12 months of the tenancy. There are also restrictions on re-letting the property for a period afterwards.

What if I served an old notice before 1 May 2026?

Possession notices served under the old rules before 1 May 2026 had to be followed by court proceedings by 31 July 2026. If they weren't, the notice has lapsed and you'll need to serve a new Form 3A notice.

Does this work in Wales or Scotland?

No. Wales uses notices under the Renting Homes (Wales) Act 2016, and Scotland uses the private residential tenancy rules.