Section 8 notice: grounds and form
A section 8 notice is Form 3A. A private landlord in England uses it to seek possession of a home let on an assured tenancy. The notice must also name the ground and the reasons for it. Court proceedings cannot start later than twelve months after service of the notice.
Housing Act 1988, section 8 · Checked on 23 Oct 2026
Form 3A is the prescribed form now. Form 3 applies only to notices given before 1 May 2026. Grounds 1 to 8, including 1A, 4A, 6B and 7A, are mandatory: once proved, the judge must order possession. Grounds 9 to 18, including 10, 11, 12, 13, 14 and 17, are discretionary: the court decides if eviction is reasonable. Ground 8 needs at least 3 months' rent if paid monthly, or 13 weeks' rent if paid weekly or fortnightly, both at service and at the hearing. Notice for ground 8 is 4 weeks. Grounds 1 and 1A need 4 months, and the notice cannot expire before the first 12 months of a new tenancy end. Grounds 7A and 14 have no waiting period, but an order cannot take effect within 14 days of service if those are the only grounds made out. A possession claim costs £415.
How long is the notice for each ground?
GROUNDS AND CONDITIONSPeriods and conditions: gov.uk grounds guidance and Renters' Rights Act 2025, section 3. Checked on 23 Oct 2026.
| Ground | Type | Wait before court | Condition |
|---|---|---|---|
| 1: moving in | Mandatory | 4 months | Cannot expire before the first 12 months end. The landlord or close family needs the property as their only or principal home. |
| 1A: sale | Mandatory | 4 months | Cannot expire before the first 12 months end. Intention to sell a freehold or leasehold interest, or grant a lease exceeding 21 years which neither party can terminate early by notice. Unavailable for an assured tenancy created before 1 May 2026 that was not assured shorthold. |
| 4A: student HMOs | Mandatory | 4 months | Prior written notice before the tenancy starts. Check the ground's full conditions in the gov.uk grounds guidance before use. |
| 6: redevelopment | Mandatory | 4 months | Redevelopment ground. The notice period does not establish that the ground itself is proved. |
| 7A: severe antisocial or criminal behaviour | Mandatory | No waiting period | For conviction cases, serve within 12 months of conviction. The court cannot dispense with the notice. |
| 8: serious rent arrears | Mandatory | 4 weeks | Threshold met at service and hearing. |
| 10: any rent arrears | Discretionary | 4 weeks | Available below 3 months' rent; possession must be reasonable. |
| 11: persistent late payment | Discretionary | 4 weeks | Persistent late payment ground. |
| 14: antisocial behaviour | Discretionary | No waiting period | The court decides whether possession is reasonable. |
Notice period = the longest period among the grounds named, unless the notice specifies ground 7A or 14. If only either or both of those grounds are established, an order cannot take effect within 14 days of service.
For ground 14 alone, apply immediately. The court must consider cooperation with attempts to stop the behaviour. The deposit protection condition does not apply to grounds 7A or 14.
Checked against Housing Act 1988, section 8, the Renters' Rights Act 2025 provisions cited on this page, and the gov.uk possession and forms guidance on 23 Oct 2026.
How does combining grounds affect the notice period?
Example A: ground 8 alone, monthly rent. At least 3 months' rent must be owed at service and hearing, after the Universal Credit exclusion below. Give 4 weeks' notice. The court cannot dispense with that notice; start proceedings within twelve months of service.
Example B: grounds 8 and 1. The notice needs 4 months, rather than ground 8's 4 weeks. Ground 1 requires the home for the landlord or close family as their only or principal home. Serve during the first 12 months if needed, but the notice cannot expire before those months end.
Notice rules · Checked on 23 Oct 2026
What is a section 8 notice?
Form 3A's full title is "Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy in the private rented sector". The landlord uses the notice to seek possession on a specified ground.
Is the form Form 3A or Form 3?
Use Form 3A. Form 3 is only for a notice you gave before 1 May 2026.
Download Form 3A from gov.uk, or open the assured tenancy forms page. Checked on 23 Oct 2026.
Which grounds are mandatory?
The division above follows the headings in gov.uk's grounds guidance. Mandatory means the judge must order possession once the ground is proved. For discretionary grounds, proof still leaves the court to decide whether eviction is reasonable.
The full grounds are in Housing Act 1988, Schedule 2. The forms page supplies "Form 3A: Legal wording for possession grounds" separately.
What must the notice say?
Set out the substance of each ground fully and explain why it applies. Section 8 requires the ground and its particulars in the notice. Include the correct earliest proceedings date and the twelve-month limit after service.
Some grounds also require prior notice at the tenancy's start. The court can dispense with a section 8 notice where just and equitable, except for grounds 7A, 7B and 8.
What if the notice is wrong?
An incomplete or inaccurate possession notice puts the claim at risk of dismissal or delay, according to gov.uk possession guidance.
What if the tenant does not leave?
Apply for a possession order if the tenant stays beyond the notice date. Most hearings take place at the county court nearest the property. The First-tier Tribunal handles rent determinations, penalties and rent repayment cases, rather than possession.
Possession Claim Online (PCOL) is for claims based only on rent owed. Other cases use paper forms N5 and N119.
What do the court fees cost?
A possession claim costs £415. If the tenant stays after the possession order, apply for a bailiff warrant using N325: £148. Checked on 23 Oct 2026.
What is ignored for ground 8 when Universal Credit is late?
An amount unpaid only because the tenant has not yet received the Universal Credit housing element award "is to be ignored". Ground 8 requires at least 3 months' rent for monthly payments or 13 weeks' rent for weekly or fortnightly payments, at service and hearing.
Renters' Rights Act 2025, Schedule 1 · Checked on 23 Oct 2026
The Form 3A text and pre-action protocol are not reproduced here; notice periods for grounds outside the table are not stated on this page.
General information, not legal advice. Laws and dates change. Check the official possession guidance before you act.