When you can use a Section 8 notice
A Section 8 notice tells your tenant that you intend to ask the court for possession, and on which grounds. Since 1 May 2026, private landlords in England must use Form 3A.
Section 21 was abolished for private tenancies on the same date. You can no longer end a tenancy without a reason, and fixed-term assured shorthold tenancies became assured periodic tenancies. Read Section 21 has been abolished: what landlords can use instead.
- Mandatory grounds: if you prove the ground, the court must make a possession order.
- Discretionary grounds: the court can only make an order if it considers it reasonable in the circumstances.
- Some grounds are only open to certain landlords, such as supported accommodation providers or educational institutions. Our tool flags these.
Which grounds you can rely on
Form 3A lists the grounds in Schedule 2 to the Housing Act 1988. You must quote the full legal wording of every ground you rely on, and explain why it applies. These are the grounds private landlords use most:
| Ground | Type | Notice | What you need to show (in brief) |
|---|---|---|---|
| 1: Occupation by landlord or family | Mandatory | 4 months | You or a close family member need to move in. The date you ask the tenant to leave cannot be within the first 12 months of the tenancy. |
| 1A: Sale of dwelling house | Mandatory | 4 months | You intend to sell. The same 12-month restriction applies. |
| 6: Redevelopment | Mandatory | 4 months | You need to redevelop or demolish, and the tenant cannot stay while the work is done. |
| 8: Rent arrears | Mandatory | 4 weeks | At least three months’ rent (monthly) or 13 weeks’ rent (weekly or fortnightly) unpaid at service and at the hearing. |
| 10: Any rent arrears | Discretionary | 4 weeks | Any amount of rent is unpaid. |
| 11: Persistent arrears | Discretionary | 4 weeks | The tenant has repeatedly paid late. |
| 12: Breach of tenancy | Discretionary | 2 weeks | The tenant has broken a term other than paying rent. |
| 13: Deterioration of property | Discretionary | 2 weeks | The condition of the property has got worse because of the tenant or someone living there. |
| 7A: Severe antisocial or criminal behaviour | Mandatory | None | A relevant conviction, a breached antisocial behaviour order or a closure order. |
| 14: Antisocial behaviour | Discretionary | None | Antisocial behaviour by the tenant, a resident or a visitor, in or near the property. |
Arrears caused only by a delay in receiving Universal Credit or other benefits are ignored when working out the Ground 8 threshold. If your tenant is struggling with rent, a rent arrears letter is often the right first step. Our guide to rent arrears Grounds 8, 10 and 11 explains how the three work together.
How much notice you must give
Each ground has its own notice period. The earliest date you can apply to court is the day after the longest notice period for the grounds you use has ended. This table lists every ground on Form 3A, grouped by notice period:
| Notice period | Grounds |
|---|---|
| 4 months | Ground 1: Occupation by landlord or family (mandatory); Ground 1A: Sale of dwelling house (mandatory); Ground 2: Sale by mortgagee (mandatory); Ground 2ZA: Possession when superior lease ends (mandatory); Ground 2ZB: Possession when superior lease ends (mandatory); Ground 2ZC: Possession by superior landlord (mandatory); Ground 2ZD: Possession by superior landlord (mandatory); Ground 4A: Student accommodation for occupation by students (mandatory); Ground 6: Redevelopment (mandatory); Ground 6B: Compliance with enforcement action (mandatory) |
| 2 months | Ground 5: Ministers of religion (mandatory); Ground 5A: Occupation by agricultural worker (mandatory); Ground 5C: End of employment by landlord (mandatory); Ground 7: Death of tenant (mandatory); Ground 9: Suitable alternative accommodation (discretionary) |
| 4 weeks | Ground 5E: Occupation as supported accommodation (mandatory); Ground 5F: Dwelling-house occupied as supported accommodation (mandatory); Ground 5G: Tenancy granted for homelessness (mandatory); Ground 8: Rent arrears (mandatory); Ground 10: Any rent arrears (discretionary); Ground 11: Persistent arrears (discretionary); Ground 18: Supported accommodation (discretionary) |
| 2 weeks | Ground 4: Student accommodation (mandatory); Ground 7B: No right to rent (mandatory); Ground 12: Breach of tenancy (discretionary); Ground 13: Deterioration of property (discretionary); Ground 14ZA: Rioting (discretionary); Ground 15: Deterioration of furniture (discretionary); Ground 17: False statement (discretionary) |
| No notice period (you can apply to court straight away) | Ground 7A: Severe antisocial or criminal behaviour (mandatory); Ground 14: Antisocial behaviour (discretionary) |
Grounds 7A and 14 let you apply to court straight away after serving the notice, even if you also rely on other grounds. For Ground 7A, the court cannot make a possession order until 14 days have passed. The notice period runs from when the tenant receives the notice, so allow time for delivery. See our full guide to Section 8 notice periods.
Worked examples: earliest court date
Each example uses our conservative delivery allowances, which are planning buffers rather than legal rules: same day by hand, one business day if left at the property or emailed, and two business days by post. Business days exclude weekends and bank holidays in England.
| Scenario | Served | Treated as received | Earliest court date |
|---|---|---|---|
| Grounds 8, 10 and 11 (4 weeks) | By hand, Monday 12 October 2026 | Monday 12 October 2026 | Monday 9 November 2026 |
| Ground 1A, sale (4 months). Tenancy began 1 September 2024 | First class post, Thursday 15 October 2026 | Monday 19 October 2026 | Friday 19 February 2027 |
| Grounds 12 and 13 (2 weeks) | Left at the property, Monday 19 October 2026 | Tuesday 20 October 2026 | Tuesday 3 November 2026 |
| Grounds 1 and 12 (4 months is the longest) | Left at the property, Monday 19 October 2026 | Tuesday 20 October 2026 | Saturday 20 February 2027 |
| Grounds 14 and 12 (no notice for Ground 14) | By hand, Tuesday 20 October 2026 | Tuesday 20 October 2026 | Tuesday 20 October 2026 |
Adding Ground 1 to a Ground 12 notice moves the earliest court date from 3 November 2026 to 20 February 2027. Only add a ground with a longer notice period if you really need it.
| Postal service over Christmas | Dates |
|---|---|
| Grounds | Ground 8, with Grounds 10 and 11 (4 weeks). |
| Posted | First class on Thursday 24 December 2026. |
| Bank holidays | Friday 25 December and Monday 28 December 2026 (the substitute day for Boxing Day). |
| Treated as received | Wednesday 30 December 2026, after two business days. |
| Earliest court date | Wednesday 27 January 2027. |
| If handed over instead | Received Thursday 24 December 2026. Earliest court date Thursday 21 January 2027. |
| Notice stops being valid | 12 months from service: 24 December 2027, unless extended by a Breathing Space. |
Ground 8 arrears threshold: examples
Ground 8 is mandatory, but only if the arrears are at or above the threshold both when you serve the notice and at the hearing. If the tenant pays it down below the threshold before the hearing, Ground 8 fails. That is why landlords usually add Grounds 10 and 11.
| Rent | Threshold rule | Minimum unpaid rent for Ground 8 |
|---|---|---|
| £1,100 per month | Three months’ rent | £3,300 |
| £250 per week | 13 weeks’ rent | £3,250 |
| £500 per fortnight | 13 weeks’ rent (six and a half fortnights) | £3,250 |
Do not count arrears caused only by a delay in Universal Credit or other benefits. Enter the rent and the arrears in our tool and it warns you if you are below the threshold.
Form 3A or Form 3: which form to use
| Form | Who uses it | Notes |
|---|---|---|
| Form 3A | Private landlords in England, from 1 May 2026 | Also covers assured agricultural occupancies in the private rented sector. Based on the gov.uk form, version 3A-2026-05. |
| Form 3 | Landlords in the social rented sector | Do not use it for a private tenancy, even if you have an old copy saved. |
| Section 21 notice | No longer available for private tenancies | Abolished on 1 May 2026. Use Form 3A with a valid ground. |
| Wales and Scotland | Properties outside England | Different laws and forms. See our Wales and Scotland pages. |
How to fill in Form 3A, step by step
- Enter the full name of every tenant and the property address exactly as on the tenancy.
- Choose each ground you rely on. Our tool adds the full legal wording from the gov.uk Form 3A legal wording document.
- For each ground, explain in plain words why it applies. For arrears, include the amount owed and the dates.
- Check the earliest court date. Our tool calculates it from the longest notice period for your grounds.
- Enter your name and address as the landlord (or your agent’s).
- Sign and date the notice. Keep an exact copy.
Your explanation for each ground matters. Give facts, not labels: “Rent of £1,100 due on 1 August, 1 September and 1 October 2026 has not been paid” is far stronger than “tenant in arrears”. Our guide on how to fill in Form 3A has more examples.
If you give an email address on the form, the tenant and the court may use it to serve documents on you. Joint landlords either each sign, or agree that one signs for all. Read the guidance notes printed on the form. They explain the tenant’s rights and where they can get help.
How to serve the notice (and prove it)
You must be able to prove that the tenant received the notice, and when. If your tenancy agreement sets out how notices must be given, follow it. Keep a copy of everything you serve.
- By hand: write “served by [your name] on [date]” on your copy and complete form N215.
- Left at the property: photograph the notice going through the letterbox and complete form N215.
- First class post: get a free certificate of posting at the Post Office counter.
- Special Delivery or Signed For: keep the receipt and the delivery confirmation.
- Email: only if the tenancy agreement allows it. Keep the sent email with the PDF attached.
See how to serve a notice for the delivery allowances we build into our date checks. Give a copy to every joint tenant.
Checklist before you serve Form 3A
- The property is in England and you are a private landlord, so Form 3A is the right form.
- Each ground you rely on applies, and you have evidence for it, such as a rent statement.
- For Grounds 1 and 1A, the 12-month restriction is met.
- For Ground 8, the arrears are at or above the threshold, ignoring benefit delays.
- The tenant is not in a Breathing Space if you rely on Grounds 8, 10 or 11.
- Your explanation for each ground gives clear facts and dates.
- Every tenant is named and the property address matches the tenancy.
- The earliest court date allows for the longest notice period and for delivery.
- The notice is signed and dated, and you have kept an exact copy.
- You know how you will serve it and what proof you will keep.
Before a possession claim, it helps to have your other paperwork in order. Run through the free landlord compliance checklist, and keep your compliance record up to date.
What happens next
Serving a Section 8 notice does not end the tenancy. If the tenant has not left, you must apply to the court after the notice period ends. Only a court can order possession, and only court bailiffs or enforcement officers can enforce it.
- Apply within the notice’s validity. It is normally valid for 12 months from service.
- For rent arrears grounds, keep a clear rent statement and copies of letters you sent.
- Tenants in a Breathing Space (debt respite scheme) cannot be served a rent-arrears possession notice. A Breathing Space can also extend the notice’s validity.
- The tenant can dispute the claim in court. For discretionary grounds, the court decides whether an order is reasonable.
- Never try to force the tenant out, for example by changing the locks. The form warns tenants that this is illegal.
Common mistakes that make a notice invalid
- Using the old Form 3 instead of Form 3A.
- Not quoting the full legal wording of each ground.
- Giving too little notice for the grounds you rely on.
- Forgetting delivery time, especially by post over a bank holiday.
- Using Ground 1 or 1A to ask a tenant to leave within the first 12 months of the tenancy.
- Relying on Ground 8 when arrears are below the threshold, or include Universal Credit delays.
- Using a ground that is only open to certain landlords, such as supported accommodation providers.
- Leaving out a joint tenant’s name.
- Not being able to prove when and how the notice was served.
Frequently asked questions
Can I still use a Section 21 notice?
No. Section 21 was abolished for private tenancies in England on 1 May 2026. You need a Section 8 notice on Form 3A with a valid ground, such as selling, moving in or rent arrears. See what landlords can use instead.
What is the difference between Form 3 and Form 3A?
From 1 May 2026 private landlords in England use Form 3A. Form 3 is for tenancies in the social rented sector. Using the wrong form is a common reason for a notice to fail, so check the form title and version before you serve.
Can I use more than one ground?
Yes. You must quote the full wording of each ground and explain why each applies. You then wait for the longest notice period before applying to court, unless you rely on Ground 7A or 14, which let you apply straight away.
How long is a Section 8 notice valid?
It is normally valid for 12 months from the date you serve it. Section 3 of Form 3A tells the tenant about this time limit. If you do not apply to court in that time, you will usually need a new notice. A Breathing Space under the debt respite scheme can extend this time limit.
Can I evict for rent arrears?
Ground 8 needs at least three months’ rent (monthly) or 13 weeks’ rent (weekly or fortnightly) unpaid both at service and at the hearing. Grounds 10 and 11 are discretionary arrears grounds. All three need four weeks’ notice. See our guide to Grounds 8, 10 and 11.
Can I sell the property or move back in?
Grounds 1 and 1A cover moving in and selling. Both need four months’ notice, and the date you ask the tenant to leave cannot be within the first 12 months of the tenancy. Ground 1 covers you, your spouse or partner, and close family. After using either ground you cannot re-let or market the property for 12 months. See our guides to Ground 1A: selling a rented property and Ground 1: moving back in.
Does the tenant have to leave on the date in the notice?
No. The notice is a warning that you will apply to court. Only a court order can end the tenancy if the tenant does not leave, and only court bailiffs or enforcement officers can enforce it. Changing the locks or harassing the tenant is illegal.
How do I work out the earliest court date?
Find the longest notice period for your grounds and count it from when the tenant receives the notice. You can apply from the day after it ends. For example, Ground 8 served by hand on 12 October 2026 gives an earliest court date of 9 November 2026.
What is the notice period for rent arrears?
Four weeks for Grounds 8, 10 and 11. If you add a ground with a longer notice period, such as Ground 1A, you must wait for that longer period instead. Full details are in our guide to Section 8 notice periods.
Can I serve a Section 8 notice by email?
Only if your tenancy agreement allows notices to be served by email. Otherwise serve by hand, leave it at the property or post it, and keep proof such as form N215 or a certificate of posting. We allow one business day for email in our date checks.
Can I serve a notice while my tenant is in a Breathing Space?
Not on rent arrears grounds. During a Breathing Space you cannot serve a notice relying on Grounds 8, 10 or 11, and you must speak to the tenant’s debt adviser about the arrears, not the tenant. A standard Breathing Space lasts up to 60 days. Take advice if you are unsure.
Do I have to include the full legal wording of the grounds?
Yes. Form 3A requires the full Schedule 2 wording of each ground you rely on, plus your own explanation of why it applies. Our tool adds the wording from the gov.uk Form 3A legal wording document, so you only write the explanation.