Contact our offices
Make an enquiry
How can we help?
If you are a residential landlord in England and need to regain possession of your property, you will generally need to establish a legally recognised ground for possession and serve your tenant with a valid Section 8 notice before possession proceedings can be commenced.
The rules governing Section 8 notices changed significantly on 1 May 2026. Section 21 'no fault' evictions were abolished for private landlords under the current regime and the grounds for possession under the Housing Act 1988 were reformed.
At Stephensons, our specialist landlord and tenant solicitors can advise you on the grounds for possession available, prepare and serve the appropriate notice and, if your tenant does not leave, deal with possession proceedings on your behalf.
Getting the notice wrong can lead to delays and additional costs. Taking specialist advice at the outset can help ensure you pursue the appropriate route to possession.
A Section 8 notice is a notice used by a landlord seeking possession of a property let on an assured tenancy in England where the landlord relies upon one or more statutory grounds for possession under the Housing Act 1988.
For private rented properties in England under the current regime, landlords use Form 3A, or a form substantially to the same effect. The notice must identify the ground or grounds relied upon, explain why the landlord considers those grounds apply and provide the tenant with the correct notice period.
If the tenant does not leave following expiry of the notice, the landlord may then be able to commence possession proceedings and ask the court to make a possession order.
For private landlords in England under the current regime, Section 21 'no fault' eviction has been abolished.
Landlords seeking possession now generally need a legally recognised ground for possession and must follow the Section 8 possession procedure.
This means that, rather than simply seeking possession without providing a reason, a landlord must identify the appropriate ground or grounds and establish that the requirements of those grounds are satisfied.
If you are unsure which ground applies to your circumstances, our Section 8 notice solicitors can review your case and advise on the appropriate route to possession.
There are a number of statutory grounds for possession, and the appropriate ground will depend upon the reason the landlord requires possession.
The grounds include both mandatory and discretionary grounds. Where a mandatory ground is established, the court must make a possession order. For a discretionary ground, the court will consider whether it is reasonable to make the order.
Under the post-May 2026 regime, commonly relevant grounds can include:
More than one ground can potentially be relied upon where the relevant requirements are satisfied.
Mandatory grounds
A mandatory ground for possession requires the court to make a possession order where the landlord establishes the ground and satisfies the applicable legal requirements.
Examples include:
Ground 1: landlord or family occupation
This ground can apply where the landlord or a qualifying family member needs to move into the property. This ground provides for four months' notice, subject to the requirements applying to that ground.
Ground 1A: sale of the property
This ground can be used in qualifying circumstances where the landlord intends to sell the property. This ground also requires four months' notice.
Ground 8: rent arrears
This is a mandatory rent arrears ground. Under the current rules, where rent is payable monthly, at least three months' rent must be outstanding both when notice is served and at the date of the hearing. Where rent is payable weekly or fortnightly, the threshold is at least 13 weeks' rent. The current notice period under Ground 8 is four weeks.
Discretionary grounds for possession
Where a landlord relies upon a discretionary ground, establishing the underlying facts does not automatically result in a possession order. The court must also consider whether it is reasonable to order possession.
Examples include:
Ground 10: rent arrears
Ground 10 may apply where rent is outstanding but the level of arrears required for mandatory Ground 8 is not satisfied. The current notice period is four weeks.
Ground 11: persistent rent arrears
This ground concerns repeated delays in paying rent. The current notice period is four weeks.
Ground 12: breach of tenancy
This ground may apply where the tenant has breached a term of the tenancy other than an obligation to pay rent. The current notice period is two weeks.
Ground 13: deterioration of the property
This ground concerns deterioration in the condition of the property attributable to the tenant's conduct. The current notice period is two weeks.
Ground 14: anti-social behaviour
Ground 14 can apply to anti-social behaviour by the tenant, someone living with them or a visitor, subject to the statutory requirements. The current guidance states that proceedings can be commenced immediately after notice is given, although the court cannot make a possession order until 14 days after notice was given.
How to serve a Section 8 notice
Before serving a Section 8 notice, a landlord should identify the correct ground or grounds for possession, ensure the requirements of those grounds are satisfied and calculate the appropriate notice period.
For private assured tenancies in England under the current regime, the notice must be given using Form 3A, or a form substantially to the same effect.
The current Form 3A guidance states that landlords should:
Where the written tenancy agreement specifies an agreed method of service, that method should be followed. Where it does not, personal service, delivery to the property, normal or registered post are available methods. Email should only be used where the written tenancy agreement clearly provides for email as an agreed method of service.
Serving a Section 8 notice does not itself end the tenancy or entitle the landlord to remove the tenant.
If the tenant remains in the property after the landlord becomes entitled to commence proceedings, the landlord will need to make a possession claim at court. The court will determine whether the requirements for possession have been established.
Where possession is granted but the tenant does not subsequently leave the property as required, further steps may be necessary to enforce the possession order.
Our specialist possession solicitors can deal with each stage, from preparing the Section 8 notice through to possession proceedings, the possession hearing and enforcement.
There is no single notice period for a Section 8 notice.
The minimum period depends upon the ground or grounds for possession being relied upon.
A mistake in preparing or serving a Section 8 notice can delay possession proceedings.
Potential problems can include:
The current rules require Form 3A to be completed fully and accurately and emphasises the importance of being able to evidence correct service.
If you have already served a Section 8 notice yourself, our solicitors can review the notice before possession proceedings are commenced and advise whether any issues need to be addressed.
A tenant can respond to and defend a possession claim.
The issues which arise will depend upon the ground relied upon and circumstances of the case. They may include disputes about whether the ground for possession is established, the validity of the notice, the amount of any rent arrears, or whether possession should be ordered where a discretionary ground is relied upon.
Where possession is sought on a discretionary ground, the court decides whether it is reasonable to make a possession order.
If a defence or counterclaim is raised, our landlord and tenant solicitors can advise you on its merits and represent you throughout the proceedings.
Serving a valid Section 8 notice is the first stage of the possession process for many private landlords seeking to regain possession of a property in England.
Our specialist Section 8 notice and possession solicitors can:
We provide clear advice at every stage so that you understand the possession route being pursued, the evidence required and the next steps.
For specialist advice on serving a Section 8 notice or evicting a tenant in England, contact our residential landlord team.
If you need assistance with a section 8 notice, whether you're a landlord seeking possession of your property or a tenant facing eviction, our expert solicitors are here to help. Contact us today on 0161 696 6170 to discuss your case and receive tailored legal advice and support.
loading staff
Construction adjudication is a statutory, fast track dispute resolution process designed for the construction industry in England and Wales. It allows parties to obtain a temporarily binding decision from an independent adjudicator, usually within 28 days,...
Mediation in construction offers a practical, commercially focused route to resolve disputes quickly and cost‑effectively. For employers, developers, main contractors, subcontractors and consultants, mediation can restore momentum to a stalled...
Residential landlords reorder
