How to Serve a Section 8 Notice (2026 Guide)

With Section 21 abolished by the Renters' Rights Act 2025, Section 8 is now the primary route for landlords seeking possession. This guide covers every ground, notice period, and serving requirement.

What is a Section 8 notice?

A Section 8 notice (officially "Notice seeking possession of a property let on an assured tenancy") is served under Section 8 of the Housing Act 1988. It notifies a tenant that the landlord intends to seek possession through the courts, and must specify the ground(s) relied upon.

Why Section 8 matters more than ever

Since Section 21 was abolished by the Renters' Rights Act 2025(effective May 2026), landlords can no longer serve "no-fault" eviction notices. All possession proceedings must now use Section 8 grounds. This makes it essential to understand each ground and serve the notice correctly.

Mandatory grounds (court must grant possession)

Ground 1 — Landlord previously lived in the property and requires it back (2 months' notice)
Ground 2 — Mortgage lender requires vacant possession (2 months' notice)
Ground 6A (NEW) — Landlord intends to sell the property (4 months' notice, cannot use within first 12 months)
Ground 7 — Tenant has died and tenancy passed by will/intestacy (2 months' notice)
Ground 8 — Serious rent arrears of at least 2 months (4 weeks' notice, arrears must exist at hearing)

Key discretionary grounds

Ground 10 — Some rent arrears (2 weeks' notice)
Ground 11 — Persistent late payment (2 weeks' notice)
Ground 12 — Breach of tenancy obligation (2 weeks' notice)
Ground 14 — Nuisance or annoyance (no notice period required)

How to serve

The notice must be in the prescribed Form 3. It can be served by first class post (deemed served 2 working days after posting), left at the property, or handed to the tenant personally. Keep proof of service.

After serving

After the notice period expires, you can apply to the county court for a possession order. For mandatory grounds, the court must grant possession if the ground is proven. For discretionary grounds, the court considers whether it is reasonable to grant possession.