Quick answer
A section 8 notice tells a tenant that the landlord intends to seek possession on one or more legal grounds under Schedule 2 of the Housing Act 1988. The landlord must use Form 3A, state the grounds, and give the correct notice period, which is 4 months for selling or moving in, 4 weeks for rent arrears, 2 weeks for breach of tenancy, and none for serious antisocial behaviour. If the tenant does not leave, the landlord must apply to court.
- Section 8 is now the only route to possession of a private assured tenancy in England.
- Selling (ground 1A) or moving in (ground 1): 4 months' notice, not ending in the first 12 months.
- Mandatory rent arrears (ground 8): at least 3 months owed, 4 weeks' notice.
- A court will not order possession if the deposit was not properly protected.
What is a section 8 notice?
Section 8 of the Housing Act 1988 lets a landlord seek possession of an assured tenancy if they can prove one or more grounds listed in Schedule 2. The notice itself does not end the tenancy. It is the first formal step. If the tenant has not left when the notice period ends, the landlord applies to the county court for a possession order.
Grounds are either mandatory, where the court must order possession if the ground is proved, or discretionary, where the court decides whether possession is reasonable.
Main grounds and notice periods
The table summarises common grounds for private landlords from GOV.UK guidance. It is not the full list.
| Ground | Reason | Type | Notice period |
|---|---|---|---|
| 1 | Landlord or close family moving in | Mandatory | 4 months, cannot end in first 12 months |
| 1A | Landlord selling the property | Mandatory | 4 months, cannot end in first 12 months |
| 2 | Mortgage lender selling | Mandatory | 4 months |
| 4A | Student HMO needed for new students | Mandatory | 4 months, advance notice needed |
| 7A | Severe antisocial or criminal behaviour | Mandatory | Can apply to court straight away |
| 8 | At least 3 months' or 13 weeks' rent arrears | Mandatory | 4 weeks |
| 10 | Any rent arrears | Discretionary | 4 weeks |
| 11 | Persistent late payment | Discretionary | 4 weeks |
| 12 | Breach of tenancy terms | Discretionary | 2 weeks |
| 13 | Deterioration of the property | Discretionary | 2 weeks |
| 14 | Antisocial behaviour | Discretionary | Can apply to court straight away |
See all notice periods side by side in our landlord notice periods guide.
Rent arrears grounds
Ground 8 is mandatory. The tenant must owe at least 3 months' rent (monthly rent) or 13 weeks' rent (weekly or fortnightly rent) both on the day notice is given and at the date of the hearing. If the arrears fall below that by the hearing, ground 8 cannot be used. There are special protections where arrears are caused by delays in Universal Credit payments.
Grounds 10 and 11 are discretionary and can be used for smaller or repeated arrears. Landlords often cite grounds 8, 10 and 11 together. Clear rent payment records are essential evidence.
Checklist before serving a section 8 notice
- Check the deposit. A court will not make a possession order unless the deposit was protected, the scheme rules were met and prescribed information was given, or the deposit was returned.
- Choose the right ground or grounds and collect evidence for each.
- Use Form 3A, the current prescribed section 8 notice for tenancies in England, from GOV.UK.
- Calculate the notice period correctly, including the 12 month protected period for grounds 1 and 1A.
- Serve the notice using a method allowed by the agreement and keep proof.
- If the tenant has not left when the notice ends, apply to court. Never change the locks or remove belongings without a court order and bailiffs.
If you are a tenant who has received a section 8 notice
A section 8 notice does not mean you must leave on the date given. Your landlord still needs a court order to evict you. Check the ground used, whether the notice period is right, and whether your deposit was protected. Free advice is available from Shelter and Citizens Advice.
If the issue is a dispute about repairs, rent or deductions, an early structured conversation can help. See our dispute support.
Selling or moving in: grounds 1 and 1A in detail
Ground 1 covers the landlord, or a close family member, moving into the property. Ground 1A covers the landlord intending to sell. Both are mandatory, both need 4 months' notice, and both have a 12 month protected period at the start of a new tenancy.
The protected period means notice can be served in the first year, but it cannot expire before the first 12 months have ended. For example, a landlord who serves notice 5 months into a tenancy must give at least 7 months' notice so it ends after month 12.
Ground 1A cannot be used where the tenant has an older assured tenancy that was not a shorthold, sometimes called a lifetime tenancy. Landlords using these grounds should be genuine about their intention: misusing them can lead to penalties.
What happens after the notice period ends
- If the tenant has not left, the landlord applies to the county court for a possession order, using the correct claim form.
- The court sets a hearing. The landlord must prove the ground and show the notice was valid and the deposit was protected.
- For mandatory grounds that are proved, the court must make a possession order. For discretionary grounds, it decides whether possession is reasonable.
- If the tenant still does not leave by the date in the order, the landlord applies for a warrant and county court bailiffs enforce it.
At no point can a landlord change the locks, cut off utilities or remove belongings to force a tenant out. That is illegal eviction or harassment.
Evidence that helps a section 8 claim
- A rent statement showing what was due, what was paid and the running balance.
- Copies of the tenancy agreement and any written information given before the tenancy.
- Deposit protection certificate and proof the prescribed information was given.
- Gas safety records, EICR and EPC given to the tenant.
- Dated photos, inventories and inspection reports for property condition grounds.
- Letters, emails and texts about the issue, in date order.
Our practical guides on rent payment records and property inventories explain how to keep this evidence tidy.
The 12 month no-let rule after selling or moving in
If a landlord recovers possession using ground 1 or 1A, they cannot relet or market the property for rent for 12 months afterwards. Relying on a ground knowing it cannot succeed, or reletting during the no-let period, can lead to substantial civil penalties. Landlords should only use these grounds when they genuinely intend to sell or move in, and keep evidence such as estate agent instructions.
Common questions
Can a landlord still use section 21?
No. From 1 May 2026 section 21 cannot be used for private tenancies in England. Landlords must use section 8.
How much notice does a landlord give to sell the property?
4 months under ground 1A, and the notice cannot end within the first 12 months of the tenancy.
How many months of rent arrears before eviction?
For the mandatory ground 8, at least 3 months' rent (or 13 weeks if paid weekly or fortnightly), owed both when notice is served and at the hearing. Discretionary grounds can apply to smaller arrears.
Does a section 8 notice end the tenancy?
No. It is a notice of intention to seek possession. Only a court order, and then enforcement, ends the tenant's right to live there if they do not leave.
Can I use more than one ground?
Yes. You can rely on more than one ground in the same notice, as long as you meet the requirements for each.
What form do I use for a section 8 notice?
Form 3A for assured tenancies in England from 1 May 2026, available on GOV.UK. Different forms may apply if notice was given before that date.
Official sources
We check these pages against official GOV.UK guidance. This page is general information for England, not legal advice for your situation.
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