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Seek possession using Section 8 grounds.

For private landlords in England, a Section 8 notice is the first step in the legal possession process on and after 1 May 2026. You must use the correct ground for possession, give the correct notice period, and apply to court if the tenant does not leave.

We can help with notice drafting, service, possession claims and enforcement.

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What is a section 8 notice?

Applies to private rental properties in England on or after 1 May 2026.

A Section 8 notice is a notice seeking possession under the Housing Act 1988. On and after 1 May 2026, private landlords in England will only be able to use the Section 8 route to end a tenancy.

To use Section 8, the landlord must rely on a valid ground for possession. Common grounds include serious rent arrears, persistent late payment, tenancy breach, antisocial behaviour, sale of the property, or a genuine intention for the landlord or a close family member to move in.

If the tenant does not leave by the date in the notice, the landlord must apply to the court for a possession order.

Common Section 8 Grounds for Possession

Mandatory grounds (court must grant possession)

Ground 1 – occupation by landlord or family
Use this ground if the landlord or a close family member needs to move into the property. The date the tenant is asked to leave cannot be within the first 12 months of a new tenancy.
Notice period: 4 months.
Ground 1A – sale of dwelling house
Use this ground if the landlord wants to sell the property. The date the tenant is asked to leave cannot be within the first 12 months of a new tenancy.
Notice period: 4 months.
Ground 7A – severe antisocial or criminal behaviour
Use this ground where the tenant, an occupier or a visitor has committed qualifying serious criminal or antisocial behaviour. No notice period is required before applying to court, but the court cannot make a possession order within 14 days of service of the notice.
Ground 7A – severe antisocial or criminal behaviour
Use this ground where the tenant, an occupier or a visitor has committed qualifying serious criminal or antisocial behaviour. No notice period is required before applying to court, but the court cannot make a possession order within 14 days of service of the notice.
Ground 7B – no right to rent
Use this ground if the Secretary of State notifies the landlord that the tenant has no right to rent.
Notice period: 2 weeks.
Ground 8 – rent arrears
Use this ground if the tenant owes at least 3 months’ rent where rent is paid monthly, or at least 13 weeks’ rent where rent is paid weekly or fortnightly, both on the day the notice is served and on the day of the hearing. If the tenant owes that amount only because they have not received Universal Credit, this ground cannot be used. Notice period: 4 weeks.
Most Common

Discretionary grounds (court may grant possession)

Ground 10 – any rent arrears
Use this ground where some rent is unpaid, even if the arrears are below the Ground 8 threshold. Notice period: 4 weeks.
Ground 11 – persistent arrears / repeated late payment
Use this ground where the tenant has repeatedly delayed paying rent. Notice period: 4 weeks.
Ground 12 – breach of tenancy
Use this ground where the tenant has broken one or more tenancy terms unrelated to paying rent, such as unauthorised subletting or other tenancy breaches. Notice period: 2 weeks.
Ground 14 – nuisance or antisocial behaviour
Use this ground where the tenant, an occupier or a visitor has caused nuisance or antisocial behaviour. No notice period is required before applying to court, but the court cannot make a possession order within 14 days of service of the notice.

Section 8 Notice Advice – Get Expert Support

We handle everything from drafting the notice to attending court (if needed). Whether you need to evict a tenant for rent arrears, nuisance, or breach, we’ll manage the process for you.

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The Section 8 Eviction Process

1. Identify the correct ground or grounds
The landlord must choose the correct statutory ground for possession and be able to support it with evidence.

2. Serve the correct notice
On or after 1 May 2026, private landlords will usually need to use the new Section 8 notice, Form 3A. The notice must set out the full wording of the grounds relied on.

3. Give the correct notice period
The notice period depends on the grounds used. For example, Grounds 1 and 1A require 4 months, Ground 8 requires 4 weeks, Grounds 10 and 11 require 4 weeks, Grounds 12 and 7B require 2 weeks, and Grounds 7A and 14 allow an immediate court application although the court cannot make a possession order within 14 days of service.

4. Apply to court if the tenant does not leave
If the tenant remains in the property after the notice period ends, the landlord must apply to the court for a possession order.

5. Attend the hearing and prove the ground
The landlord must be able to show that the notice was served correctly, the correct notice period was given, and the evidence supports the ground relied on.

6. Enforce the possession order if necessary
If the court grants possession and the tenant still does not leave, the landlord can apply for a warrant for possession and enforcement by county court bailiffs.

When to Use a Section 8 Notice

On and after 1 May 2026, private landlords in England should use a Section 8 notice whenever a valid statutory ground for possession applies.

Common examples include:

  • serious rent arrears
  • repeated late payment of rent
  • tenancy breaches
  • antisocial behaviour
  • a genuine intention to sell the property
  • a genuine intention for the landlord or a close family member to move in

 

Using the correct grounds, the correct notice form and the correct notice period is essential. Errors can delay the claim or lead to dismissal.

Why should you leave it to us?

Small Errors Can Cause Huge Problems

Serving a notice is a crucial part of the possession process as you are unable to proceed without the notice being served. While this may not be difficult, huge problems can occur even if the smallest errors are made. This is why we urge you to instruct us to deal with the preparation and service of the notice for you and avoid doing it yourself.

invalid notices

Invalid notices often go unnoticed when tenants vacate the property, which is not problematic. However, when tenants do not leave, discovering the notice's invalidity only occurs when court action is required, leading to significant issues.

You have to be careful

Often, Landlords may find forms on the internet for no cost. However, it is uncertain who has drafted these notices and this is therefore very risky. This is why you should enlist the help of trained professionals.

Wasted time & costs

An invalid notice leads to you having to restart the whole process, meaning all the time you have spent waiting will be wasted. If there were pre-existing rent arrears, they may accumulate further. In cases where there were no rent arrears, they might even begin to accrue. This results in additional fees, more lost rental income, and yet no possession achieved. Furthermore, tenants may become aware of the situation, potentially leading to counterclaims. The repercussions of an invalid notice can be extensive and costly.

The courts are very careful

Courts are highly aware of the consequences of possession proceedings, which can lead to tenants losing their property and becoming homeless, hence why they take great care when examining the notice. Ensuring the notice is valid is crucial.

Expert time saves costly mistakes

We understand that the process may take time, however, the risks can be detrimental if you choose not to consult trained professionals like us.