Since 1 May 2026, every eviction in England goes through Section 8. Which ground fits, how much notice it needs, and the mistakes that can cost landlords thousands.
Updated 10 October 2026
The short version
- Section 21 has gone. To end a tenancy you serve a Section 8 notice on Form 3A, using one or more grounds set out in law.
- Selling or moving in: 4 months' notice, and not in the first 12 months of the tenancy.
- Rent arrears: 4 weeks' notice. The mandatory ground needs at least 3 months' arrears, both when you serve the notice and at the hearing.
- Check your deposit first. If it isn't protected and the prescribed information given, the court can't grant possession on most grounds.
- The notice doesn't evict anyone. If the tenant stays, you need a court order and then bailiffs. Never change the locks yourself.
The grounds landlords use most
Mandatory grounds mean the court must give you possession if you prove the ground. With discretionary grounds, the court also has to decide that eviction is reasonable.
| Ground | When you can use it | Notice |
|---|---|---|
| 1 | You or a close family member will move in Mandatory | 4 months |
| 1A | You're selling the property Mandatory | 4 months |
| 2 | Your lender is repossessing Mandatory | 4 months |
| 6 | Major works mean the tenant can't stay Mandatory | 4 months |
| 8 | Serious rent arrears (3 months or 13 weeks) Mandatory | 4 weeks |
| 10, 11 | Any rent arrears, or persistently late rent Discretionary | 4 weeks |
| 12 | Breaking a term of the tenancy Discretionary | 2 weeks |
| 7A, 14 | Antisocial or criminal behaviour 7A mandatory, 14 discretionary | None: apply to court straight away |
If you use several grounds, the notice has to allow for the longest notice period among them.
Selling or moving in: the extra rules
- Not in the first year. You can't use ground 1 or 1A in the first 12 months of a tenancy. You can serve the notice earlier, but it can't end before the 12 months are up, so in practice the earliest is month 8.
- No re-letting for 12 months. Once you've served notice on ground 1 or 1A, you can't let or market the property until 12 months after the notice period ends. Breaking this can bring a fine of up to £40,000.
- Be ready to prove it. If the tenant doesn't leave, the court will want evidence, such as instructions to an estate agent and solicitor if you're selling.
- Family who count for ground 1 include a spouse or partner, parents, grandparents, siblings, children and grandchildren.
Rent arrears
Ground 8 is mandatory, so if it's met the court must give you possession. The arrears must be at least 3 months' rent (or 13 weeks' if rent is paid weekly or fortnightly) both on the day you serve the notice and at the hearing. If the tenant pays it down below that before the hearing, the ground fails, which is why landlords usually add grounds 10 and 11 as a fallback. Arrears caused only by a Universal Credit payment that hasn't arrived yet don't count.
Before you serve: three checks
- The deposit. It must be protected in a government scheme with the prescribed information given. If not, the court can't make a possession order except on the antisocial behaviour grounds. Our deposit guide explains how to put it right.
- The current form. Download Form 3A from GOV.UK each time, don't change its wording, and quote each ground in full. An old version can get your claim thrown out.
- Proof of serving it. Name every tenant, deliver it in a way your tenancy agreement allows, and keep proof: a certificate of service (form N215) or a dated note on your copy.
Once the landlord database opens in your region, you'll also need an active registration before a court can grant possession on most grounds. See our database guide for your region's dates.
If the tenant doesn't leave
- You must start a court claim within 12 months of serving the notice, and not before the notice period ends.
- Rent arrears claims can go online through Possession Claim Online. Others use forms N5 and N119 at your local county court. The court fee is £415.
- If the tenant stays past the date in the possession order, apply for bailiffs with form N325 (£152).
- Changing the locks, removing belongings or harassing a tenant into leaving is illegal eviction. Councils can now fine up to £40,000, and tenants can claim back up to 24 months' rent.
Penalties for getting it wrong
Councils can fine up to £7,000 for mistakes such as using a ground without good reason to think it applies, or trying to end a tenancy outside Section 8. Knowingly misusing a ground, or re-letting during the 12-month ban, can mean up to £40,000 or prosecution, plus a rent repayment order.
When the tenant gives notice
Tenants can end the tenancy with two months' written notice, and fixed terms no longer exist. You can agree a shorter notice period with them in writing.
Questions landlords ask
Can I still use a Section 21 notice?
No. Section 21 ended for private tenancies on 1 May 2026. Notices served before then had to be used to start court proceedings by 31 July 2026 at the latest. Every eviction now uses a Section 8 notice on Form 3A.
How much notice do I give to sell my rental?
Four months, using ground 1A. You can't use it in the first 12 months of the tenancy, and you can't re-let or market the property for 12 months after the notice period ends.
How much rent arrears before I can evict?
For the mandatory ground 8, at least 3 months' rent if paid monthly (13 weeks if paid weekly or fortnightly), both when you serve notice and at the hearing. Grounds 10 and 11 cover smaller or persistent arrears, but the court decides whether eviction is reasonable.
Do I need to protect the deposit before serving Section 8?
Yes, in practice. The court can't make a possession order unless the deposit is protected and the prescribed information given, or the deposit has been returned. The only exceptions are the antisocial behaviour grounds.
Can I change the locks if the tenant won't leave?
No. Only bailiffs or High Court enforcement officers can remove a tenant, after a court order. Doing it yourself is illegal eviction, with fines of up to £40,000.
Sources
- GOV.UK: Grounds for possession, guidance for landlords and letting agents
- GOV.UK: Assured tenancy forms from 1 May 2026, including Form 3A
- GOV.UK: Evicting tenants (England)
- GOV.UK: Guide to the Renters' Rights Act
- GOV.UK: Civil penalties under the Renters' Rights Act 2025
- Housing Act 1988, section 8 (legislation.gov.uk)