Section 8 is the only legal route for landlords in England to regain possession of a privately rented home.
Section 21 evictions have been abolished for all tenancies, meaning you must now always prove a specific legal ground to end a tenancy.
To facilitate this transition, the government has overhauled the Section 8 framework, introducing new mandatory grounds and extending notice periods to ensure the system is fair for both parties.
Below is a must-read guide for landlords navigating Section 8 in the post-Renters’ Rights Act era.
- The Section 8 basics
- What is a Section 8 notice?
- When can I serve one?
- Why would my Section 8 notice be invalid?
- Current grounds for serving a Section 8 notice
- How to serve a Section 8 notice
- Methods of service
- How much does the process cost?
- Do all Section 8 evictions go through court?
- Can tenants challenge it?
- What happens if my tenants refuse to leave?
- Can I withdraw a Section 8 notice?
- Regional differences (Scotland and Wales)
The only way to serve notice is via the expanded Section 8 framework. Use our free tool for peace of mind. Find Out More
The Section 8 basics
What is a Section 8 notice?
Section 8 refers to the primary possession process under the Housing Act 1988. Since the abolition of the Assured Shorthold Tenancy (AST), it is now the only way to terminate an Assured Periodic Tenancy (APT).
Because there is no longer a “fixed term” to wait out, you can serve a Section 8 notice at any point during the tenancy, provided you have a valid ground. These grounds fall into two main types.
- Mandatory grounds mean that if the ground is proven, the court must grant possession.
- Discretionary grounds mean the court will decide whether it is reasonable to grant possession based on the evidence.
In most cases, the grounds relate either to a breach of the tenancy by the tenant or to changes in your own circumstances as the property owner.
When can I serve one?
You can serve a Section 8 notice as soon as a relevant ground applies. The length of the notice period depends on the timing and specific grounds cited, which can vary significantly.
For example, if you wish to sell the property (Ground 1A), you must give the tenant 4 months’ notice, and you cannot use this ground within the first 12 months of the tenancy.
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.
- The Information Sheet: For tenancies that converted from an AST on 1st May 2026, failing to provide the tenant with the mandatory “Information Sheet” regarding their new rights will block your ability to seek possession. If you set up your tenancies via Rent Now, OpenRent served this document to your tenants on your behalf.
Keep in mind, failing to register yourself and the property on the Private Rented Sector Database once it launches in late 2026 will render notices for most grounds (including sale and moving in) legally void.
You might also be interested in…
- Free Assured Periodic Tenancy Agreement (APT Rental Contract)
- Rent in Advance Rules Under the Renters’ Rights Act Explained
- Guide to the Renters’ Rights Act for Landlords 2026
- Pets in Rental Properties: What Every Landlord Should Know
- Section 21 is Gone: What Landlords Need to Know in 2026
Current grounds for serving a Section 8 notice
Since the Renters’ Rights Act came into force on 1st May 2026, some new grounds have been added, and several existing ones have been amended.
Below you’ll find the grounds you can now rely on to end an Assured Periodic Tenancy.
These are split into two types: mandatory grounds, where the court must grant possession if the criteria are met, and discretionary grounds, where the judge decides whether it is reasonable to grant possession.
Mandatory grounds
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
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 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.
Ensure you are using the version specifically updated for the Renters’ Rights Act (referred to as Form 3A for private tenancies).
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. Notice is deemed served 2 days after posting.
- Email: Only valid if your APT agreement explicitly permits service of legal notices via email. OpenRent’s tenancy agreements do include this provision.
How much does the process cost?
It’s important to budget for the legal journey, as Section 8 is now the only route and most cases require a hearing.
- Serving the notice: £0 if you do it yourself, or if you use our free notice-serving tool; roughly £100-£300 if using a professional service.
- Court fee: Expect to pay around £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: Because every case now requires a court hearing, legal representation can cost anywhere from £500 to £1,500.
Judges now also have the power to stay or dismiss arrears cases if the debt is proven to be caused solely by a delay in government benefit payments.
Do all Section 8 evictions go through court?
Whether a Section 8 eviction involves the court depends entirely on the tenant’s response to the initial notice.
If a tenant chooses to vacate the property voluntarily by the expiry date specified in the Section 8 notice, the tenancy ends without any legal intervention.
However, if the tenant remains in the property after the notice period has ended, you must apply to the court for a possession order to proceed with the eviction.
Under the Renters’ Rights Act, the “accelerated” paper-based route – which previously allowed for evictions without a hearing – has been abolished.
This means that every contested possession claim in England now requires a formal court hearing where a judge must verify the evidence for the cited grounds, such as serious rent arrears or an intention to sell the property.
Therefore, while a notice itself does not guarantee a court date, any legal enforcement of a Section 8 notice now strictly requires a judicial hearing.
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 is abolished, every Section 8 claim may now result in a court hearing (unless the tenant moves out voluntarily by the deadline).
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.
Need to serve a Section 8 notice? Ensure it’s done correctly and legally with our free notice-serving tool. Serve Notice Today
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 necessary to have your paperwork it’s necessary to have your paperwork (like rent ledgers or proof of intent to sell) 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.
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 Housing and Property Chamber of the First-tier Tribunal.
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.
