How to give notice of possession to your tenants

In this post, we cover how Section 8 notices work and the formal process they require. This information relates to assured tenancies in England’s private rented sector.

What is a Section 8 notice?

A Section 8 is a legal eviction notice that landlords can serve to their tenants if they refuse to vacate a property. Unlike with the old Section 21 notices, you need to state a specific reason why the tenant must leave. Either:

• The tenant has broken a rule of the written tenancy agreement (such as not paying their rent); or
• You want the property back for your own purposes (such as needing to redevelop)

Whatever the reason, you have to provide evidence that the particular ground applies. For example, paperwork documenting your construction plans.

You must also give the tenant a minimum amount of time before you start the possession process. Each ground has its own notice period, generally between two weeks and four months. Once this period is over, you can apply to the court if your tenant still hasn’t fixed the problem or left the property.  

What are the grounds for possession?

There are now a total of 37 grounds. These can be mandatory or discretionary:

• Mandatory grounds mean the court must grant possession if they are proven.
• Discretionary grounds mean the court will decide whether to grant possession after considering the specific circumstances. For instance, if the tenant has engaged in anti-social behaviour, the court will decide if it’s reasonable to evict them.

Here are three examples of mandatory possession grounds:

Ground 1A: selling up

Do you plan to sell the property? Then you need to specify this ground.

You must:

• Wait until the tenant has lived there for at least 12 months
• Give at least four months’ notice
• Make sure not to re-let the property for at least 12 months after serving the Section 8 notice

Note: you can’t use this ground if someone has an assured tenancy created before the 1st of May 2026 that was a ‘lifetime tenancy’.

Ground 6: redevelopment

If you’re redeveloping the property and your tenant is unable to live there while this happens, you can use a Ground 6 to take possession. You can also use this ground to demolish the building.

You must:

• Wait until six months of the tenancy have passed (although the exact requirements can vary)
• Give four months’ notice

Ground 8: rent arrears

Should a tenant fall behind on their rent, landlords need Ground 8.

You must:

• Wait until the tenant hasn’t paid their rent for three months (this has increased from two months)
• Give four weeks’ notice (this has increased from two weeks)

Note: this ground can’t be used if the arrears are due to the late payment of Universal Credit, so long as the tenant was entitled to receive it.

You can find the full list of possession grounds on the government website.

What’s the process for serving a Section 8 notice?

Use a Form 3A, making sure to fill it out correctly. If you end up going to court, you may run into trouble if you’ve missed or confused a detail.

Give the completed form to your tenant – in person, by post, or via email if the tenant has previously agreed to this method of communication in their tenancy agreement.

Possibly, your tenant will fix the problem or leave before the end of their notice period. If not, you’ll need to apply to the court for possession and prepare any relevant paperwork.

Final thoughts

Whereas Section 21 gave landlords a relatively straightforward way to seek possession, Section 8 involves a more formal process. But by familiarising yourself with the above information – and reading further details on the government website –  you’ll feel more confident in your rights and responsibilities.