The new section 8 possession rules

Section 8 notices: how possession works now

Since 1 May 2026 every possession claim by a private landlord in England uses section 8 of the Housing Act 1988 and must rely on one or more grounds in Schedule 2.

• Use the current prescribed Form 3A from GOV.UK. Older forms (including Form 3, which is for social landlords) are invalid for private assured tenancies.
• Complete it fully: all tenants' names, the full wording of each ground relied on, and the earliest date you can apply to court.
• Serve it on every tenant by a method the tenancy allows (e.g. by hand or post) and keep proof of how and when.
• If you use several grounds, the longest notice period applies to the whole notice.
• The notice can be used to start court proceedings for 12 months from service.
• For most grounds the court will not make an order if the deposit was not protected in an approved scheme (this does not apply to Ground 7A or Ground 14).
• Mandatory grounds: the court must order possession if the ground is proved. Discretionary grounds: the court decides whether it is reasonable.

Mistakes on the notice are the most common reason claims fail, so many landlords use an eviction specialist or solicitor.

Commentary: https://www.nrla.org.uk/resources/ending-your-tenancy/section-8-notice

All section 8 grounds and notice periods at a glance

Main grounds private landlords use (England, since 1 May 2026). M = mandatory, D = discretionary.

• Ground 1 (M) you or close family moving in: 4 months; the notice can be served during the first 12 months but must not expire until 12 months after the tenancy began.
• Ground 1A (M) selling: 4 months; the notice can be served during the first 12 months but must not expire until 12 months after the tenancy began.
• Ground 2 (M) mortgage lender repossessing and selling: 4 months; not in first 6 months.
• Ground 6 (M) demolition or substantial redevelopment: 4 months.
• Ground 6B (M) to comply with council enforcement action: 4 months.
• Ground 7 (M) tenant has died: 2 months; start proceedings within 12 months of the death (later only if the court so directs).
• Ground 7A (M) serious antisocial or criminal behaviour: can apply immediately, but no order within 14 days of the notice.
• Ground 7B (M) tenant has no Right to Rent (Home Office notification): 2 weeks.
• Ground 8 (M) at least 3 months' rent (13 weeks if weekly/fortnightly) owed at notice and hearing: 4 weeks.
• Ground 9 (D) suitable alternative accommodation: 2 months.
• Ground 10 (D) some rent owed: 4 weeks. Ground 11 (D) persistent late payment: 4 weeks.
• Ground 12 (D) breach of tenancy terms: 2 weeks. Ground 13 (D) property deterioration: 2 weeks. Ground 15 (D) furniture deterioration: 2 weeks.
• Ground 14 (D) antisocial behaviour/nuisance: immediate, but no order within 14 days of the notice. Ground 14ZA (D) riot-related conviction: 2 weeks.
• Ground 17 (D) tenancy obtained by a false statement: 2 weeks.

Specialist grounds (superior leases 2ZA–2ZD, students 4/4A, employment 5A–5D, supported housing 5E–5H/18, social landlords) need prior notice or apply only to particular landlords. With several grounds, the longest notice period applies.

Commentary: https://www.michelmores.com/app/uploads/2026/04/PDF-Grounds-for-Possession.pdf

The whole eviction process, step by step

The lawful route for a private landlord in England since 1 May 2026:

1. Prepare: tenancy agreement (or written statement / Information Sheet evidence), deposit protection certificate and prescribed information, gas safety and EPC records, and (for arrears) a rent statement.

2. Serve a section 8 notice on Form 3A with the right grounds and notice period (e.g. 4 weeks for the rent arrears grounds; 4 months for selling or moving in). Keep proof of service.

3. When the notice period ends and the tenant hasn't left, that's when you issue a possession claim — the notice hasn't 'run out' and you don't serve a new one (in England a Section 8 notice can be used for court proceedings for up to 12 months after the date given in it). Issue it: online through Possession Claim Online (PCOL, rent arrears only) or on paper with forms N5 and N119 for any ground. The court fee is £415.

4. The tenant has 14 days to file a defence. Send the court all your documents at least 14 days before the hearing.

5. Hearing: the judge can adjourn, dismiss, or make an outright or suspended possession order, plus a money judgment for arrears and costs.

6. If the tenant does not leave by the date in the order (usually 14 days for mandatory grounds), apply for a warrant of possession (N325, £148), or ask to transfer to the High Court.

7. Bailiffs give the tenant at least 14 days' notice of the eviction date, then carry it out.

How long it takes depends heavily on the local court's workload; landlords commonly report several months from notice to bailiffs. Never change locks or remove belongings yourself: that is unlawful eviction.

Official sources

• www.legislation.gov.uk/ukpga/1988/50/section/8
• www.legislation.gov.uk/ukpga/1988/50/schedule/2
• www.gov.uk/guidance/repossessing-your-privately-rented-property-after…

General information on the law in England, not legal advice. Never assume a claim will succeed — for court action, speak to a qualified professional.

Next: Rent arrears: Grounds 8, 10 and 11