Section 8 will become your only way to evict tenants in privately rented homes once the Renters’ Rights Act takes effect on 1st May 2026.
From this date, Section 21 evictions are abolished for all tenancies. This means you’ll always need to prove a specific ground to regain possession of your property.
To support this change, the government has expanded Section 8 grounds to cover more scenarios, ensuring landlords still have a clear path to repossession when it’s necessary.
Below, you’ll find everything you need to know about Section 8 in 2026, from new notice periods to the updated mandatory grounds for possession.
- The Section 8 basics
- What are the current grounds for serving a Section 8 notice?
- How to serve a Section 8 notice
- New and updated Section 8 grounds for possession explained
- Regional differences
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The Section 8 basics
What is a Section 8 notice?
Section 8 refers to a specific part of the Housing Act 1988. From 1st May 2026, it’ll become the only legal route for private landlords in England to evict tenants.
These include when tenants break their rental agreement by not paying rent or causing disturbances, or when landlords want to change how the property is used, such as for redevelopment or as a holiday let.
A Section 8 notice allows landlords to terminate a tenancy agreement early (for reasons we’ll explore in depth below).
Unlike a Section 21 notice, which can only be served at the end of a tenancy, a Section 8 notice can be issued during an Assured Shorthold Tenancy (i.e., before the contract comes to an end).
When can I serve one?
A Section 8 notice can be served during the tenancy if there are valid reasons for eviction. The length of the notice period depends on the timing and specific grounds cited, which can vary significantly.
For example, a landlord might need to provide only two weeks’ notice for serious rent arrears, but two months’ notice for other grounds, such as their intention to move back into the property.
Can Section 8 and Section 21 notices be served at the same time?
Yes, you can serve both Section 8 and Section 21 notices simultaneously, but only until 30th April 2026. After this date, Section 21 will be abolished, and Section 8 will become your only option.
Many landlords use this “belt and braces” approach as a safety net. For example, if a tenant falls at least two months behind on rent, you might serve a Section 8 notice immediately.
However, if the tenant pays off those arrears just before the court date, a judge might not grant possession. By serving a Section 21 notice at the same time, you have a backup route to regain the property that doesn’t rely on the tenant’s behaviour (provided the fixed term has ended).
Why would my Section 8 notice be invalid?
A judge can throw out your case for the smallest technicality. Common mistakes include:
- Using the wrong form: Using an older version of Form 3, or not using the new Form 3A for private tenancies (after 1st May 2026).
- Typing errors: Misspelling the tenant’s name or getting the property address slightly wrong.
- Incorrect notice periods: Not giving the full 4 weeks or 4 months required for specific grounds.
- Prescribed Information: If you haven’t given the tenant a valid Gas Safety certificate, EPC, or “How to Rent” guide, certain grounds (though not all) may be barred.
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What are the current grounds for serving a Section 8 notice?
There are eight ‘Mandatory’ grounds for possession and a further nine ‘Discretionary’ grounds for possession.
‘Mandatory’ means that if the ground exists, then the court has to grant possession to the landlord. ‘Discretionary’ means that if the grounds exist, the judge will decide whether to grant possession or not.
Mandatory grounds (before 1st May 2026)
For more information about each mandatory ground for possession, like the key legal details and notice period, click on it.
Key legislative excerpt: “At some time before the beginning of the tenancy, the landlord who is seeking possession …occupied the dwelling-house as his only or principal home”
Notice period: 2 months
Key legislative excerpt: “The mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession”
Notice period: 2 months
Key legislative excerpt: “At some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was occupied under a right to occupy it for a holiday”
Notice period: 2 weeks
Key legislative excerpt: “A tenancy which is granted to a person who is pursuing, or intends to pursue, a course of study provided by a specified educational institution”
Notice period: 2 weeks
Key legislative excerpt: “The dwelling-house is required for occupation by a minister of religion as such a residence”
Notice period: 2 months
Key legislative excerpt: “Landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house”
Notice period: 2 months
Key legislative excerpt: “The tenancy…has devolved under the will or intestacy of the former tenant”
Notice period: 2 months
Key legislative excerpt: “The tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence”
Notice period: 4 weeks (periodic tenancy) to 1 month (fixed-term tenancy)
Key legislative excerpt: “A person is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy”
Notice period: 2 weeks
Key legislative excerpt: “If rent is payable monthly, at least two months’ rent is unpaid”
Notice period: 2 weeks
Discretionary grounds (before 1st May 2026)
For more information about each discretionary ground for possession, like the key legal details and notice period, click on it.
Key legislative excerpt: “Suitable alternative accommodation is available for the tenant”
Notice period: 2 months
Key legislative excerpt: “Some rent lawfully due from the tenant is unpaid”
Notice period: 2 weeks
Key legislative excerpt: “Whether or not any rent is in arrears…the tenant has persistently delayed paying rent which has become lawfully due”
Notice period: 2 weeks
Key legislative excerpt: “Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed”
Notice period: 2 weeks
Key legislative excerpt: “The condition of the dwelling-house has deteriorated owing to…waste…neglect or default of the tenant”
Notice period: 2 weeks
Key legislative excerpt: “Guilty of conduct causing or likely to cause a nuisance or annoyance”
Notice period: None – proceedings may be started immediately after serving notice
Key legislative excerpt: “Has been convicted of an indictable offence which took place during, and at the scene of, a riot in the UK”
Notice period: 2 weeks
Key legislative excerpt: “One partner has left the dwelling-house because of violence or threats of violence”
Notice period: 2 weeks
Key legislative excerpt: “The condition of any furniture…has…deteriorated owing to ill-treatment by the tenant”
Notice period: 2 weeks
Key legislative excerpt: “The dwelling-house was let to the tenant in consequence of his employment by the landlord…and the tenant has ceased to be in that employment”
Notice period: 2 months
Key legislative excerpt: “The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly”
Notice period: 2 weeks
How to serve a Section 8 notice
To issue a valid Section 8 notice, start by downloading the latest version of Form 3 from the government website.
When you’re filling out the form, make sure you include the specific details of the tenancy, the legal grounds for eviction, and the correct notice period. Getting these details right is crucial; if there’s an error, a judge might throw your case out.
A Section 8 notice can list several reasons for eviction at once. This means you can include a mix of:
- Mandatory grounds: Where the court must grant possession if the ground is proven (like serious rent arrears).
- Discretionary grounds: Where the judge decides if it’s reasonable to evict the tenant based on the evidence.
Methods of service
You can serve the notice to your tenants in several ways:
- Personal delivery: Handing it directly to the tenant.
- Leaving it at the address: Putting it through the letterbox.
- Recorded delivery: Using a “signed for” postal service.
- Process server: Hiring a professional to serve the legal notice for you.
- First-class post: Standard mail.
- Email: Only use this if your tenancy agreement explicitly states that legal notices can be served this way.
How much does the process cost?
It’s important to budget for the legal journey, as Section 8 is rarely “free.”
- Serving the notice: £0 if you do it yourself; roughly £100-£300 if using a professional service.
- Court fee: Expect to pay around £400-£450 for a standard possession claim.
- Bailiff fees: If the tenant still won’t leave after the court order, a warrant for possession costs roughly £140-£160.
- Solicitor fees: If the case is contested, legal representation for a hearing can cost anywhere from £500 to £1,500.
Can tenants challenge it?
Yes, tenants can challenge a Section 8 notice through a process known as ‘defending possession’.
Tenants often challenge these notices if the grounds provided aren’t valid or if there are errors in the paperwork. Even a misspelt name can be enough for a judge to dismiss the case.
Since Section 21 will soon be gone, almost every Section 8 claim will now result in a court hearing. This means you’ll need to provide rock-solid evidence for your chosen grounds, as tenants have a legal right to put their case forward and dispute your claim.
What happens if tenants refuse to leave?
If your tenants don’t move out by the deadline on your Section 8 notice, the next step is to apply to the court for a possession order.
At this stage, you’ll have the chance to present your evidence for the grounds you’ve cited. Your tenants can provide their reasons for contesting the claim at the same time. Because Section 8 involves a court hearing, it’s vital to have your paperwork (like rent ledgers or records of contract breaches) ready to go.
Keep in mind that you aren’t allowed to start court proceedings until the notice period has officially expired. Once that deadline passes, you’ve got a 12-month window from the date you served the notice to initiate your claim. If you don’t act within that year, the notice expires, and you’ll have to start the process all over again.
Can I withdraw a Section 8 notice?
Yes. If your tenant pays their arrears or fixes the breach and you’re happy for them to stay, you can simply choose not to act on the notice. It stays “live” for 12 months, but you aren’t legally forced to go to court just because you served it.
With Section 21 evictions gone, a compliant tenancy isn’t just a “nice to have”. It’s the foundation you’ll need to stand on if you ever have to face a judge. Start With Rent Now
New and updated Section 8 grounds for possession explained
Below you’ll find an overview of the Section 8 grounds for possession once the Renters’ Rights Act comes into force on 1st May 2026. It shows how nearly all existing mandatory grounds are being updated and highlights several new grounds being introduced. We have included only those relevant to private landlords.
Mandatory grounds (after 1st May 2026)
Brief description: This ground applies when the landlord, or a close family member, needs to move into the property. However, it can’t be used during the first 12 months of a new tenancy.
Notice period: 4 months
Brief description: This ground applies when the landlord intends to sell the property. It cannot be used during the first 12 months of a new tenancy.
Notice period: 4 months
Brief description: This ground can be used by a lender, such as a bank, to regain possession of the property in order to sell it if mortgage payments have been missed. The tenant must leave on the date specified in the court order.
Notice period: 4 months
Brief description: This ground applies to HMOs let to full-time students when needed for a new group between 1st June and 30th September. It cannot be used if the tenancy was agreed more than six months before it started, and advance notice must be given.
Notice period: 4 months
Brief description: This ground applies when the property needs to be redeveloped or demolished, and the tenant cannot remain living there during the works. It cannot generally be used within the first six months of the tenancy.
Notice period: 4 months
Brief description: This ground allows the court to grant possession if a local authority has taken enforcement action against the landlord for a breach of housing legislation, and that breach requires the property to be vacant. The court can also order the landlord to pay compensation to the tenant.
Notice period: 4 months
Brief description: This ground applies when a tenant dies, and the tenancy is passed to a successor who was not living at the property before the tenant’s death. It must be used within 12 months after the tenant’s death; however, the court may consider a later application where reasonable.
Notice period: 2 months
Brief description: This ground can be used if the tenant, or someone living with or visiting them, is convicted of a crime or breaches an antisocial behaviour order. It also applies if the council or police have issued a closure order preventing the tenant from accessing the property for more than 48 hours.
Notice period: No notice required, but the court cannot make a possession order for 14 days.
Brief description: If a tenant does not have the right to rent under immigration law, the Secretary of State will notify the landlord. For further details, see our Right to Rent explainer.
Notice period: 2 weeks
Brief description: This ground can be used if the tenant owes at least three months’ rent (for monthly payments) or 13 weeks’ rent (for weekly or fortnightly payments). The arrears must exist both on the date notice is given and at the court hearing. Eviction cannot proceed if the tenant pays off the debt or owes less than the required amount, and rent arrears caused by Universal Credit or other benefits do not count.
Notice period: 4 weeks
Discretionary grounds (after 1st May 2026)
Brief description: This ground can be used by landlords if the tenant has been offered alternative accommodation that is suitable for them.
Notice period: 2 months
Brief description: A landlord can seek to evict a tenant for rent arrears before they reach three months’ rent, but a possession order will only be granted if the court considers it reasonable.
Notice period: 4 weeks
Brief description: A landlord can seek to evict a tenant who has repeatedly delayed paying rent.
Notice period: 4 weeks
Brief description: A landlord can seek to evict a tenant who has breached one or more terms of the tenancy agreement, excluding rent payments.
Notice period: 2 weeks
Brief description: A landlord can seek to evict a tenant who has allowed the condition of the property to deteriorate.
Notice period: 2 weeks
Brief description: A landlord can use this ground if the tenant, someone living with them, or a visitor engages in antisocial behaviour or commits a serious offence near the property. The behaviour does not need to occur inside the property; it can take place nearby.
Notice period: No notice required, but the court cannot make a possession order for 14 days.
Brief description: A landlord can seek to evict a tenant or another adult living with them if they have been convicted of an offence committed during a riot.
Notice period: 2 weeks
Brief description: A landlord can seek to evict a tenant who has allowed the condition of the furniture to deteriorate.
Notice period: 2 weeks
Brief description: A landlord can seek to evict a tenant if the tenant, or someone acting on their behalf, provided false information to obtain the property.
Notice period: 2 weeks
How Section 8 evictions will work in practice after 1st May 2026
According to the latest government guidance, Section 8 is transitioning from a backup option to the only legal route for possession.
In practice, this means the end of the “accelerated” paperwork-only route; once the Renters’ Rights Act kicks in on 1st May 2026, every possession claim will require a court hearing.
You’ll need to use the new Form 3A and provide concrete evidence for your chosen ground, whether that’s a solicitor’s letter for a property sale or a clear rent ledger for arrears.
For rent-only cases, you can still use the Possession Claim Online (PCOL) service, but any other ground will require a paper-based application.
Moreover, the court will now disregard any arrears caused solely by Universal Credit delays, and if you use the “selling” or “moving in” grounds, you’re legally barred from re-letting or even marketing the property for 12 months afterwards.
With the burden of proof shifting entirely to the landlord, having watertight evidence before you even serve notice is no longer optional; it’s essential for a successful claim.
Regional differences
How evictions work in Scotland
In Scotland, Section 8 doesn’t exist. Since 2017, almost all new tenancies are Private Residential Tenancies (PRTs), which are open-ended and have no “no-fault” end date. To regain possession, you must serve a Notice to Leave based on one of 18 specific grounds (like selling or moving in).
If the tenant has lived there for less than six months, you must give 28 days’ notice; if it’s been longer, you must give 84 days’ notice. Most cases are handled by the First-tier Tribunal (Housing and Property Chamber) rather than a traditional court.
How evictions work in Wales
Wales moved to a new system in late 2022 under the Renting Homes (Wales) Act. Tenants are now called “contract-holders”, and they sign “occupation contracts.”
While Wales still technically allows “no-fault” evictions (using a Section 173 notice), the rules are much stricter than the English system.
You must give at least six months’ notice, and you can’t serve this notice during the first six months of the contract, effectively giving tenants a minimum 12-month safe period. For breaches like rent arrears, you’d use a “with-grounds” notice, which typically requires a 14-day notice period.
