What Is a Section 8 Notice?

The Renters’ Rights Act 2025 has fundamentally changed the way landlords in England can regain possession of privately rented properties.

Since 1 May 2026, landlords can no longer use the traditional Section 21 no-fault eviction process for new possession cases. Instead, landlords generally need a legal reason, known as a ground for possession, and must serve a Section 8 notice before applying to court if the tenant does not leave. (GOV.UK)

So, what is a Section 8 notice, when can it be used, and what does the Renters’ Rights Act mean for landlords and tenants?

This guide explains the new Section 8 eviction rules, the main grounds for possession, notice periods and the steps landlords need to follow.

Important: This article relates to private rented housing in England and reflects the rules in force from 1 May 2026. It is general information rather than legal advice.

What Is a Section 8 Notice?

A Section 8 notice is a formal notice used by a landlord to tell a tenant that they are seeking possession of a rented property because one or more legally recognised grounds for possession apply.

Under the post-Renters’ Rights Act system, a landlord must have a legal reason for seeking possession.

The landlord must:

1. Identify the relevant possession ground or grounds.

2. Serve the tenant with the correct Section 8 notice.

3. Use Form 3A, or a form substantially to the same effect.

4. Give the correct notice period.

5. Explain the substance of the ground and why it applies.

6. Apply to the court for a possession order if the tenant does not leave. (GOV.UK)

A Section 8 notice does not itself evict the tenant.

If the tenant remains after the notice period, the landlord generally needs to obtain a court possession order before they can lawfully recover possession. (GOV.UK)

Section 8 Notice and the Renters’ Rights Act 2025

The Renters’ Rights Act 2025 has made Section 8 the central possession route for most private landlords in England.

Before the reforms, landlords could potentially use:

• Section 21 – a no-fault possession procedure

• Section 8 – possession based on specific statutory grounds

Since 1 May 2026, landlords can no longer issue new Section 21 notices for existing or new tenancies covered by the reforms. Instead, they need to rely on the applicable Section 8 grounds for possession. (GOV.UK)

This is a major change for landlords.

The important principle is:

No Section 21 means landlords generally need a legal ground for possession.

When Can a Landlord Use a Section 8 Notice?

A landlord can use a Section 8 notice when one or more statutory grounds for possession apply.

The grounds cover a wide range of situations, including:

• The landlord wants to move into the property.

• The landlord intends to sell the property.

• The tenant owes rent.

• The tenant has damaged the property.

• The tenant has breached the tenancy agreement.

• The tenant has engaged in antisocial behaviour.

• The property is being repossessed by a mortgage lender.

• Certain other circumstances specified by the Housing Act 1988 as amended by the Renters’ Rights Act. (GOV.UK)

The exact requirements depend on the particular ground being used.

Mandatory and Discretionary Section 8 Grounds

One of the most important things to understand about a Section 8 notice is that the possession grounds fall into two broad categories:

Mandatory Grounds

If the landlord proves that a mandatory ground applies, the court must grant possession, subject to the statutory requirements being satisfied.

Discretionary Grounds

If the landlord proves a discretionary ground, the court then decides whether it is reasonable to make a possession order.

Under the current system, the Government guidance categorises grounds 1 to 8 as mandatory and grounds 9 to 17 as discretionary. (GOV.UK)

This distinction can be extremely important when a landlord is considering possession proceedings.

Section 8 Ground 1: Landlord Wants to Move In

One of the new possession grounds allows a landlord to seek possession where they or a close family member genuinely intends to occupy the property as their home.

This is commonly referred to as the landlord occupation ground.

However, there is an important restriction:

The landlord cannot use this ground to start the possession process during the first 12 months of a new tenancy.

The landlord can give notice of their intention to use the ground before the 12-month period has ended, but they cannot start the possession process using this ground until the required period has passed. (GOV.UK)

The ground is therefore particularly important for landlords who may need to move back into their rental property.

Section 8 Ground 1A: Landlord Wants to Sell

The Renters’ Rights Act also introduces a specific mandatory possession ground where the landlord intends to sell the property.

This is one of the most significant new Section 8 grounds for property investors.

Again, there is a key restriction:

The landlord cannot use this ground to start the possession process during the first 12 months of a new tenancy. (GOV.UK)

The legislation specifies a four-month notice period for Ground 1A. (Legislation.gov.uk)

Landlords considering selling a rental property therefore need to factor the new Section 8 rules into their property-sale planning.

Section 8 for Rent Arrears

Rent arrears remain one of the most important reasons a landlord may need to seek possession.

The Renters’ Rights Act has changed the possession grounds relating to rent arrears, including the thresholds and requirements that apply.

This means landlords should not simply assume that the old Ground 8 rules continue unchanged.

The correct ground, notice period and arrears calculation need to be checked against the current legislation and Government guidance.

For landlords dealing with rent arrears, accurate records are particularly important.

Keep evidence of:

• Rent due

• Rent received

• Dates payments were made

• Outstanding balances

• Correspondence with the tenant

• Any repayment arrangements

Good documentation can be crucial if the case reaches court.

Section 8 and Antisocial Behaviour

A landlord may also use relevant Section 8 grounds where a tenant is involved in antisocial behaviour or serious misconduct.

Examples can include:

• Nuisance to neighbours

• Criminal behaviour

• Threatening behaviour

• Serious disturbance

• Damage to the property

• Other conduct covered by the relevant possession grounds

The precise legal requirements vary according to the ground being relied upon.

Landlords should gather appropriate evidence rather than relying solely on allegations.

Evidence could include:

• Witness statements

• Police incident information

• Photographs

• Videos

• Written complaints

• Correspondence

• Records of incidents

Where antisocial behaviour is involved, landlords should consider obtaining professional legal advice before serving notice.

Section 8 for Breach of Tenancy Agreement

Section 8 can also be relevant where a tenant has breached their tenancy obligations.

Examples could include:

• Unauthorised alterations

• Serious property damage

• Persistent breaches of tenancy conditions

• Other conduct covered by a relevant statutory ground

However, not every breach automatically gives a landlord an immediate right to possession.

The landlord needs to identify the specific statutory possession ground that applies and comply with its requirements.

How Much Notice Does a Section 8 Notice Give?

There is no single Section 8 notice period.

The amount of notice depends on the ground or grounds being used.

For example, the Renters’ Rights Act provides a four-month notice period for certain grounds, including the landlord occupation and property sale grounds. Some grounds involving tenant fault can have shorter notice periods. (GOV.UK)

Therefore, landlords should never assume that every Section 8 notice requires four months’ notice.

The correct notice period must be calculated according to the specific possession ground.

What Form Is Used for a Section 8 Notice?

For Section 8 notices served from 1 May 2026, landlords should use Form 3A, or a form substantially to the same effect. (GOV.UK)

The notice needs to contain the required information and set out the relevant possession grounds.

This is extremely important.

An incorrectly completed Section 8 notice can potentially result in possession proceedings being delayed or dismissed. The Government specifically warns landlords that incomplete or inaccurate notices can cause problems if the matter goes to court. (GOV.UK)

What Happens After a Section 8 Notice Is Served?

Serving a Section 8 notice is only the beginning of the possession process.

The typical process is:

Step 1: Identify the Ground

The landlord establishes which statutory ground or grounds apply.

Step 2: Serve Form 3A

The landlord serves the tenant with the correct Section 8 notice.

Step 3: Wait for the Notice Period

The landlord must allow the required period to expire.

Step 4: Tenant Leaves

If the tenant leaves voluntarily, possession proceedings may not be necessary.

Step 5: Apply to Court

If the tenant remains and the landlord still wants possession, the landlord can apply to the court for a possession order.

Step 6: Court Hearing

Where necessary, the court considers whether the relevant possession grounds have been established.

Step 7: Possession Order

The court can make an appropriate possession order.

Step 8: Bailiff Enforcement

If the tenant still does not leave after a possession order, further enforcement action may be required.

A landlord must not simply change the locks or physically remove the tenant without following the legal process.

How Long Does a Section 8 Notice Last?

A Section 8 notice served from 1 May 2026 will generally need to be used to start court proceedings within 12 months of the date it was served.

There are exceptions where the time limit can be extended, including certain situations involving a tenant’s breathing space for debt. (GOV.UK)

Landlords should therefore keep careful records of:

• Date the Section 8 notice was served

• Notice expiry date

• Possession ground used

• Earliest date court proceedings can begin

• Deadline for starting proceedings

Can a Tenant Challenge a Section 8 Notice?

Yes.

Receiving a Section 8 notice does not automatically mean the tenant must leave immediately.

A tenant can potentially challenge the notice or defend possession proceedings where, for example:

• The wrong possession ground has been used.

• The landlord has not met the requirements of the ground.

• The notice was incorrectly completed.

• The correct notice period was not given.

• The notice was not properly served.

• The landlord’s evidence does not support the claim.

• Other legal issues affect the possession claim.

If the matter reaches court, the tenant can explain why they believe possession should not be granted. (GOV.UK)

Section 8 vs Section 21: What Has Changed?

The difference between the old Section 21 system and the new Section 8 system is crucial.

The Renters’ Rights Act 2025 has effectively made Section 8 the primary statutory possession route for private landlords in England. (GOV.UK)

Can a Landlord Evict a Tenant Without Section 8?

For most private rented tenancies covered by the new rules, a landlord seeking possession after 1 May 2026 needs to follow the Section 8 possession process.

There are different rules for certain types of occupation and accommodation, so landlords should establish whether their particular tenancy falls within the assured periodic tenancy regime.

A landlord should never attempt an informal eviction.

Changing locks, removing belongings or forcing a tenant out without following the correct legal process can amount to unlawful eviction.

Common Section 8 Mistakes Landlords Should Avoid

The Renters’ Rights Act makes accurate paperwork more important than ever.

Common mistakes can include:

Using the Wrong Form

For notices served from 1 May 2026, the relevant form is Form 3A.

Choosing the Wrong Ground

The landlord needs to establish that the statutory requirements of the chosen ground are satisfied.

Giving the Wrong Notice Period

Different grounds have different notice requirements.

Providing Insufficient Reasons

The landlord must set out the substance of the ground and why they believe it applies. (GOV.UK)

Incorrect Service

The landlord needs evidence that the notice was properly served.

Assuming the Notice Evicts the Tenant

A Section 8 notice is not the same thing as a court possession order.

Attempting a Lock Change

A landlord should not attempt to bypass the court process where a possession order is required.

Section 8 Notice Checklist for Landlords

Before serving a Section 8 notice under the Renters’ Rights Act, landlords should consider:

• Is the tenancy covered by the Section 8 possession regime?

• Is there a genuine statutory ground for possession?

• Is the correct ground being used?

• Are the legal requirements of that ground satisfied?

• Is the correct Form 3A being used?

• Has the correct notice period been calculated?

• Are the reasons for relying on the ground properly explained?

• Will the notice be served correctly?

• Do you have evidence supporting the possession ground?

• Have you retained proof of service?

• Have you considered whether professional legal advice is appropriate?

Final Thoughts: Section 8 Notices Under the Renters’ Rights Act 2025

The Renters’ Rights Act 2025 has fundamentally changed the eviction process in England.

With Section 21 no-fault evictions no longer available for new possession cases, landlords generally need to rely on Section 8 notices and statutory grounds for possession.

Whether the issue is rent arrears, antisocial behaviour, property damage, a landlord moving back into the property or selling a rental property, understanding the correct Section 8 ground is essential.

For landlords, the biggest lesson is that the Section 8 notice needs to be accurate, properly served and supported by the relevant legal ground.

A mistake in the notice can potentially delay possession proceedings, so landlords dealing with a difficult tenancy should consider taking professional legal advice before serving notice.

For tenants, receiving a Section 8 notice does not necessarily mean that you must leave immediately. You have rights and can challenge possession proceedings where the landlord has not complied with the legal requirements.

The Renters’ Rights Act 2025, Section 8 notice process and new possession grounds are now central to residential property management in England.

The rules have changed. Landlords need a reason, the correct notice and the correct legal process to regain possession.

This article is intended for general information only and does not constitute legal advice. Possession law is detailed and individual circumstances can affect the correct procedure. Always check the latest Government guidance and obtain professional legal advice where appropriate.

Official Government Guidance

For the latest information, landlords can consult the Government’s guidance on repossessing a privately rented property, the official Section 8 possession grounds guidance and the Government’s overview of the Renters’ Rights Act.