Section 8 notice: the grounds, the notice periods, and when you can go to court
With section 21 abolished on 1 May 2026, a section 8 notice on Form 3A is now the route to possession in England — and the notice period depends entirely on which ground you use, from four months down to none at all. Pick your grounds below and the calculator works out the earliest date you can apply to the court, when the notice expires, and the conditions attached to the ground you have chosen.
When can you apply to the court?
Every ground carries its own notice period, and Form 3A asks you to state the earliest date you can apply. Pick the grounds you are relying on and the date you will serve the notice.
Earliest date you can apply to the court
27 August 2026
Set by ground 8 — four weeks, the longest of the grounds you picked.
The notice expires on 30 July 2027. A notice of possession is normally valid for 12 months from the date it was served, and you must start proceedings before then or serve again.
Naming the ground is not enough. Form 3A is explicit: for the notice to be valid you must insert the full legal wordingof each ground as set out in Schedule 2 to the Housing Act 1988 — “do not rely on the name of the ground only”. GOV.UK publishes that wording as Form 3A: Legal wording for possession grounds.
Check for a breathing space first. If you have been notified that your tenant is in a breathing space under the Debt Respite Scheme, you must not serve a notice relying on the rent arrears grounds (8, 10 or 11) unless the court has given permission. A standard breathing space lasts up to 60 days; a mental health crisis one runs for the treatment plus 30 days. And for ground 8 specifically, the arrears must still be at the threshold at the hearing, not just when you serve — a tenant who pays down below it defeats the ground.
Nothing you type here leaves your browser. This works out dates from the published notice periods — it is not the notice itself, and it is not legal advice. Possession is the part of this job where a defective notice costs months, so if anything is borderline, take advice.
The three things that most often go wrong
Naming the ground instead of quoting it. Form 3A requires the full legal wordingof each ground from Schedule 2 to the Housing Act 1988, and states plainly: do not rely on the name of the ground only. A notice that says “Ground 8 — rent arrears” and nothing more is defective, and you find that out at the hearing, months later. GOV.UK publishes the exact wording to copy, and recommends including its published explanation of the ground alongside it.
Miscounting the notice period with multiple grounds. You must wait for the longest period among the grounds you have used — but the antisocial behaviour grounds cut the other way, letting you apply immediately even alongside a four-month ground. Both halves of that rule surprise people, in opposite directions.
Letting the notice go stale. A notice is normally valid for 12 months from service. Landlords who serve early, negotiate for a while and then decide to proceed can find the notice has expired and the whole clock restarts.
Notice periods by ground
As published in GOV.UK's guidance for completing Form 3A. Each period begins on the day the notice is served.
| Notice period | Grounds |
|---|---|
| Four months | 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B |
| Two months | 5, 5A, 5B, 5C, 5D, 5H, 7, 9 |
| Four weeks | 5E, 5F, 5G, 8, 10, 11, 18 |
| Two weeks | 4, 7B, 12, 13, 14ZA, 14A, 15, 17 |
| None | 7A, 14 — apply to the court immediately |
Official sources: Form 3A and its guidance (GOV.UK) · grounds for possession guidance · Schedule 2, Housing Act 1988.
Mandatory and discretionary grounds
A mandatory ground means the court must order possession if the ground is made out — grounds 1, 1A, 2, 6, 7A, 7B and 8 are in this group. A discretionary ground means the court decides whether it is reasonable to make an order, even when the facts are proved — grounds 10, 11, 12, 13, 14 and 15 among them. That distinction is why arrears claims are usually pleaded on ground 8 and grounds 10 and 11 together: if the arrears drop below the ground 8 threshold before the hearing, the mandatory ground falls away and only the discretionary ones are left.
England only
Form 3A is the England private-sector form and the Renters' Rights Act 2025 applies to England. Wales uses occupation contracts under the Renting Homes (Wales) Act 2016, Scotland uses private residential tenancies with possession decided by the First-tier Tribunal, and Northern Ireland has its own system. If the property is not in England, none of the forms or periods here apply.
Questions
Is a section 8 notice the only way to evict a tenant now?
In practice, yes. Section 21 “no fault” possession was abolished in England on 1 May 2026 by the Renters’ Rights Act 2025, so there is no longer a route that works without a reason. You need a ground for possession from Schedule 2 to the Housing Act 1988, you serve it on Form 3A, and if the tenant does not leave you apply to the court. The other route is the tenant ending the tenancy themselves by giving notice.
Which form is a section 8 notice on?
Form 3A — “Notice seeking possession of a property let on an assured tenancy” — for a privately rented property, on and after 1 May 2026. Form 3 still exists but it is the social rented sector version, so a private landlord using it is using the wrong form. This mirrors what happened with rent increases, where private landlords moved from Form 4 to Form 4A.
How much notice do I have to give?
It depends entirely on the ground. GOV.UK groups them into five bands: four months (grounds 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B), two months (5, 5A, 5B, 5C, 5D, 5H, 7, 9), four weeks (5E, 5F, 5G, 8, 10, 11, 18), two weeks (4, 7B, 12, 13, 14ZA, 14A, 15, 17), and no notice period at all for the antisocial behaviour grounds 7A and 14. The period begins on the day you serve the notice.
What if I am using more than one ground?
You must wait until the longest notice period has expired before applying to the court. There is one important exception that runs the other way: if you are seeking possession on the antisocial behaviour grounds 7A or 14, you can apply to the court immediately even if you are also relying on other grounds. So adding an ASB ground can shorten the wait rather than lengthen it — but only where the facts genuinely support it.
How long does a section 8 notice last?
Normally 12 months from the date it was served. You have to start court proceedings before it expires, otherwise you serve again and start the notice period over. There is one extension: if the notice is based on rent arrears and the tenant enters a breathing space, validity can be extended by a further 8 weeks after the breathing space ends, where the notice period expires during it or there are fewer than 8 weeks left when it ends.
How much rent arrears do I need for ground 8?
At least three months’ rent if rent is paid monthly, or at least 13 weeks’ if it is paid weekly or fortnightly. The trap is the timing: the tenant needs to owe that much both on the day you give the notice and at the date of the hearing. A tenant who pays just enough to drop below the threshold before the hearing defeats the mandatory ground, which is why landlords often plead grounds 10 and 11 alongside it — those are discretionary, so the court decides whether it is reasonable to make an order.
Can I get possession because I want to sell or move in?
Yes, on grounds 1A (selling) and 1 (you or family moving in), both with four months’ notice. Neither can be used in the first 12 months of the tenancy. And they carry a serious condition afterwards: for a 12-month restricted period you must not market the property to let or re-let it. Breaching that is an offence carrying a financial penalty of up to £40,000 as an alternative to prosecution, so these are not grounds to use speculatively.
Is naming the ground on the form enough?
No, and this is where otherwise good notices fail. Form 3A tells landlords to insert the full legal wording of each ground as set out in Schedule 2 to the Housing Act 1988, and says in terms: do not rely on the name of the ground only. Writing “Ground 8” and a sentence of explanation is not compliance. GOV.UK publishes the wording to copy as “Form 3A: Legal wording for possession grounds”, and also advises including the published explanation of the ground alongside it.
Does this apply outside England?
No. The Renters’ Rights Act 2025 applies to England, and Form 3A is the England private-sector form. Wales operates occupation contracts under the Renting Homes (Wales) Act 2016 with its own possession procedure, Scotland uses private residential tenancies and the First-tier Tribunal, and Northern Ireland is separate again.
Arrears cases are won on the rent record
Ground 8 turns on exactly what was owed on the day you served and on the day of the hearing. LandlordHub tracks rent due against rent received per tenancy, so the arrears figure and the date it reached the threshold are a matter of record rather than a reconstruction from bank statements.
Try it freeRelated: what replaced the assured shorthold tenancy · section 13 rent increases · more in the UK toolbox · all countries on the tools hub.