What is a Section 8 notice?
A Section 8 notice is the formal notice a landlord in England serves on a tenant to seek possession of a property let on an assured tenancy under the Housing Act 1988. Since 1 May 2026, under the Renters' Rights Act 2025, most private tenancies in England are assured periodic tenancies: assured shorthold tenancies no longer exist for private lets and section 21 no fault eviction has been abolished, so a landlord who wants an assured tenant to leave must rely on the Section 8 grounds. Lettings that cannot be assured tenancies, for example a lodger living with a resident landlord, follow different rules. The notice tells the tenant which legal grounds the landlord relies on and the earliest date court proceedings can begin.
The notice does not end the tenancy on its own. If the tenant does not leave or put things right, the landlord must apply to court, and only a court order followed by lawful enforcement can end the tenant's right to live in the property.
Section 8 applies in England only. In Wales most tenancies are now occupation contracts under the Renting Homes (Wales) Act 2016, and Scotland and Northern Ireland have their own separate rules.
Grounds for possession
Every Section 8 notice must rely on one or more of the grounds set out in Schedule 2 to the Housing Act 1988. Mandatory grounds mean the court must order possession if the ground is proved. Discretionary grounds mean the court decides whether ordering possession is reasonable. Commonly used grounds include:
- Ground 8: serious rent arrears both when the notice is served and at the court hearing (mandatory)
- Ground 10: some rent is unpaid when the notice is served and when proceedings begin (discretionary)
- Ground 11: the tenant has persistently delayed paying rent (discretionary)
- Ground 12: the tenant has broken a term of the tenancy other than paying rent (discretionary)
- Ground 14: nuisance, annoyance or antisocial behaviour (discretionary), alongside a separate mandatory ground for serious antisocial behaviour
Landlords often combine a mandatory arrears ground with discretionary ones, so the claim can still succeed if the arrears fall below the mandatory threshold before the hearing.
Notice periods
The minimum notice period depends on the grounds you rely on. Where you cite several grounds, the date in the notice has to satisfy the longest period that applies. Some antisocial behaviour grounds allow proceedings to begin straight after the notice is served, while rent arrears and most other grounds require a notice period of weeks or months.
The grounds and notice periods for private tenancies in England changed on 1 May 2026 under the Renters' Rights Act 2025, so check the current gov.uk guidance and the prescribed form before you set your dates. A wrong date is one of the most common reasons a possession claim fails.
What the notice must include
A private landlord must use the prescribed form, Form 3A, in the current version published on gov.uk, and give the tenant enough detail to understand the case against them. Form 3 is now only for private registered providers of social housing. Make sure yours covers:
- The full names of every tenant and of the landlord or the landlord's agent
- The full address of the rented property
- Each ground relied on, quoting its wording from Schedule 2
- A clear explanation of why each ground applies, such as the amount of arrears and how it was calculated
- The earliest date court proceedings can begin, based on the correct notice period
- The signature of the landlord or agent and the date
For rent arrears, attaching a current rent statement helps show the tenant, and later the court, exactly what is owed.
Serving the notice
How you deliver the notice matters as much as what it says. Check the tenancy agreement for any agreed method of service, and keep evidence that the notice reached the tenant. Common methods include:
- Handing it to the tenant in person, ideally with a witness present
- Delivering it to the property by hand or by first class post, allowing time for it to arrive
- Email, only where the tenant has agreed in writing to receive notices that way
Serve every joint tenant, keep a copy of the exact notice you served and record the date, time and method of service, for example on a certificate of service. You may need to prove service at the hearing.
What happens after the notice
If the tenant pays the arrears, fixes the breach or moves out, the matter may end there. If not, once the date in the notice has passed the landlord can apply to the county court for a possession order. The usual sequence is:
- Wait until the date given in the notice has passed
- Issue a possession claim, on paper or through the online possession claim service
- Attend the hearing, where the judge considers the grounds and any defence the tenant raises
- If a possession order is made and the tenant still does not leave, apply for a warrant so county court bailiffs can carry out the eviction
A landlord must never remove a tenant, change the locks or cut off services without a court order. Doing so can be unlawful eviction, which is a criminal offence. For anything beyond a straightforward case, speak to a solicitor or read the guidance from Shelter or gov.uk.