What is a section 8 notice?

For private tenants and landlords in England.

Applies to: England Last checked against official sources: 6 October 2026

A section 8 notice is the notice a landlord in England must give to start ending an assured periodic tenancy. It must say which legal grounds they are using.

Landlords must use Form 3A.
The notice period depends on the ground. It is usually 2 to 4 months, but shorter for rent arrears (4 weeks) and some breaches of the tenancy (2 weeks).
Landlords cannot use the moving-in or selling grounds in the first 12 months of a tenancy.
A section 8 notice does not force you out. If you stay, your landlord must apply to court.
Since 1 May 2026, section 21 "no fault" notices can no longer be used.

Different in Scotland, Wales or Northern Ireland

Rules may be different in:

Scotland: Check mygov.scot for Scotland
Wales: Check gov.wales for Wales
Northern Ireland: Check nidirect for Northern Ireland

Key facts

Form 3A
Must give legal grounds
4 months to move in or sell
4 weeks for rent arrears

What a section 8 notice is

A section 8 notice (also called a notice of seeking possession) is how a private landlord in England starts the legal process to end an assured periodic tenancy. It is named after section 8 of the Housing Act 1988.

Since 1 May 2026, section 21 "no fault" evictions have been abolished. This means a landlord must now always give a reason, called a ground, from a list set out in law.

Who it applies to

It applies to assured periodic tenancies. Since 1 May 2026 that includes almost all private tenancies in England, because all assured and assured shorthold tenancies became rolling tenancies on that date.

The main grounds and notice periods

Ground	Reason	Type	Minimum notice
1	Landlord or close family wants to move in	Mandatory	4 months
1A	Landlord wants to sell	Mandatory	4 months
4A	Shared student house needed for new students	Mandatory	4 months
8	At least 3 months' rent arrears	Mandatory	4 weeks
10	Any rent arrears	Discretionary	4 weeks
11	Persistently late rent	Discretionary	4 weeks
12	Breaking the tenancy agreement	Discretionary	2 weeks
13	Damage to the property	Discretionary	2 weeks
7A and 14	Serious antisocial or criminal behaviour	Mandatory (7A), discretionary (14)	Court action can start straight away

There are other grounds too. Grounds 1 and 1A cannot be used in the first 12 months of a tenancy. A landlord who uses them cannot market or re-let the home for 12 months afterwards.

Mandatory means the court must give the landlord possession if the ground is proved. Discretionary means the court decides whether eviction is reasonable.

What the landlord must do

Use Form 3A of the assured tenancy forms.
Keep proof of serving it, for example form N215 (certificate of service).
Protect your deposit properly, or return it, before a court will grant possession.
Apply to court within 12 months if you have not left.

What to do if you get one

Check which grounds are used and that the notice period is long enough.
Check the dates. You do not have to leave when the notice ends.
Get free advice, for example from Citizens Advice, and contact your council if you might become homeless within 8 weeks.
If your landlord applies to court, go to the hearing. You can dispute the grounds there.

The court can make an outright possession order, a suspended order (you stay if you keep to set conditions, such as paying arrears), or a money order.

Notices given before 1 May 2026

Older section 8 notices could be used for 12 months or until 31 July 2026, whichever came first. Old section 21 notices could be used for 6 months or until 31 July 2026. Both dates have now passed.

If you live in Scotland, Wales or Northern Ireland

Section 8 notices are for England only. Scotland uses a notice to leave for private residential tenancies. Wales has its own occupation contracts under the Renting Homes (Wales) Act 2016. Northern Ireland has separate rules.

Related guides

Where this comes from

Get it done

This takes you to the official service, which is free to use.

If your landlord wants you to leave

Common questions

Do I have to leave when a section 8 notice ends?

No. If you are still there, your landlord must apply to court for a possession order, and you can go to the hearing to dispute the grounds.

How long is a section 8 notice valid?

For notices given on or after 1 May 2026, the landlord has up to 12 months to apply to court.

Can my landlord sell the house in my first year?

They cannot use the selling or moving-in grounds to evict you in the first 12 months of the tenancy.

Official sources

1.Assured periodic tenancies: if your landlord wants to end your tenancywww.gov.uk/assured-periodic-tenancies-tenants/if-your-landlords-wants-to-end-your-tenancy
2.Evicting tenants: giving noticewww.gov.uk/evicting-tenants/giving-notice-to-evict-tenants
3.Guide to the Renters' Rights Actwww.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act

Checked against GOV.UK on 6 October 2026

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