The complete plain-English guide to Section 8 evictions — every ground, Form 3A, every mistake to avoid. Free.
No account needed · England only · Updated May 2026
Until 1 May 2026, landlords could serve a Section 21 notice to end a tenancy without giving any reason. That route is now permanently abolished — no grandfathering, no grace period, no exceptions.
Every possession claim in England now requires a specific legal ground, the correct form — Form 3A, not the old Form 3 — the right notice period, and solid evidence. One procedural mistake sends you to the back of a 27-week court queue.
RightsGuide exists to make this navigable — without paying £350 an hour for a solicitor.
Answer plain-English questions about your tenant — rent arrears, wanting to sell, moving back in, anti-social behaviour. No legal knowledge needed. We identify which grounds apply.
Every applicable Section 8 ground shown — mandatory and discretionary — with notice periods and exactly what evidence you need. Always plead every applicable ground.
Generate a legally compliant Form 3A notice. Download your evidence checklist. Follow the court application walkthrough. Connect to a fixed-fee solicitor if it escalates.
Every ground under the RRA 2025 in plain English — mandatory vs discretionary, notice periods, evidence required, and restrictions to watch out for.
The old Form 3 is abolished. We generate the correct Form 3A with your grounds, particulars, and expiry date — what a solicitor charges £350 to produce.
Deposit protection, gas safety, EICR, EPC, How to Rent guide. Missing any of these blocks most Section 8 grounds. Check before serving — not after.
Build the paper trail judges need — missed payments, incidents, communications. Most landlords only realise they needed this when the hearing is already scheduled.
Step-by-step guide to applying on PCOL, what to include, the £404 court fee, what happens at the hearing, and when to use the High Court for faster enforcement.
For contested cases or tenant counterclaims, connect to vetted eviction solicitors who receive your complete, organised case file ready to go.
Section 21 is gone permanently. One mistake on Form 3A — wrong ground, wrong notice period, wrong expiry date — and you start again from the back of a 27-week queue.
Cancel anytime · No contract · Saves £350+ vs solicitor notice fee
Section 8 is new territory for most landlords. These are the questions we hear most often. The full guide covers everything in detail.
Section 21 is abolished permanently. You can no longer serve a "no fault" notice telling a tenant to leave without giving a reason. No grandfathering, no grace period, no exceptions.
Every tenancy is now a Periodic Assured Tenancy. Fixed-term tenancies no longer exist for new lets. All existing ASTs converted on 1 May 2026. There is no "end of fixed term" you can use to ask a tenant to leave.
Section 8 is now your only route. You need a specific ground, the correct form (Form 3A — not the old Form 3), the right notice period, and evidence. If the tenant doesn't leave, you go to court.
The grounds have been expanded. New grounds include Ground 1A (selling), Ground 1B (redevelopment), Ground 7A (mandatory ASB), Ground 8A (repeated arrears), and Ground 4A (student HMOs).
Check every item before serving any Section 8 notice. A failure on any of these can block your case entirely.
1. Deposit protection. Must be in an approved scheme (DPS, MyDeposits, TDS) and Prescribed Information served within 30 days of receipt. For most grounds, unprotected deposit = case blocked. Fix before serving notice. Exceptions: Grounds 7A and 14 only.
2. How to Rent guide. Must have been given to the tenant at the start of the tenancy. Re-serve if a new version was issued during the tenancy.
3. Landlord database registration. The RRA introduced a PRS Landlord Database. Check current registration requirements at gov.uk.
4. Gas safety certificate. Valid and renewed annually. Not a formal pre-condition for the notice but a criminal offence if absent.
5. EICR. Electrical Installation Condition Report — valid for 5 years.
6. EPC. Valid (10-year validity) and given to tenant at tenancy start.
If you prove a mandatory ground exists, the court must grant possession. The judge has no discretion.
The landlord, their spouse, civil partner, or close family member intends to occupy the property as their principal home. Cannot be used in the first 12 months of the tenancy. Cannot re-let for 12 months after using this ground.
The landlord intends to sell with vacant possession. Cannot use in first 12 months. Cannot re-let for 12 months after notice expires. Misusing this ground — evicting then re-letting — carries a fine of up to £40,000.
The landlord intends to substantially redevelop or demolish the property. Cosmetic renovation does not qualify. Evidence needed: planning permission, architectural plans, contractor quotes.
Available for properties let to full-time students where the landlord intends to re-let to full-time students. Notice expiry must fall between 1 June and 30 September.
The tenant has died and the tenancy has passed to someone not entitled to succeed. Periodic tenancies only.
The tenant or someone living with them has been convicted of a serious offence, given a civil injunction for ASB, or breached a Criminal Behaviour Order. New mandatory ground — requires a formal legal finding or conviction, not just complaints.
The tenant owes at least 3 months' rent (for monthly tenancies). Arrears must meet this threshold both when notice is served AND on the date of the court hearing.
Critical: if the tenant pays enough before the hearing to drop below 3 months, Ground 8 fails entirely. Always plead Grounds 8, 8A, 10, and 11 together. Threshold raised from 2 months under the RRA. Universal Credit delays cannot be counted.
The tenant has been at least 3 months in arrears on three or more occasions within the past three years. Introduced to address tenants who repeatedly run up arrears then pay them down before a hearing to defeat Ground 8.
For discretionary grounds you must prove the ground exists and persuade the court it is reasonable to grant possession.
Some rent is unpaid at notice and at hearing. No minimum threshold. Use alongside Ground 8 as a backup — survives even if Ground 8 fails.
The tenant has persistently paid rent late, even if currently up to date. Evidence needed: detailed rent account showing every payment date vs due date, going back as far as possible.
The tenant has broken a term of the tenancy agreement (other than a rent obligation). Examples: subletting without permission, keeping pets when prohibited, running a business from the property.
The tenant has caused the condition of the property to deteriorate. Evidence needed: dated photographs, check-in inventory, professional inspection reports.
The tenant has caused or been likely to cause nuisance or annoyance to neighbours or the landlord. Evidence needed: incident diary with dates/times/descriptions, neighbour complaints, police reports, council noise records.
The tenant gave false information when applying for the tenancy that induced the landlord to grant it. Evidence needed: the application, the false statements, evidence they were false, and evidence you relied on them.
| Ground | Type | Situation | Notice |
|---|---|---|---|
| Ground 1 | Mandatory | Landlord / family moving in | 4 months |
| Ground 1A | Mandatory | Selling the property | 4 months |
| Ground 1B | Mandatory | Redevelopment | 4 months |
| Ground 4A | Mandatory | Student HMO | 4 months |
| Ground 7 | Mandatory | Deceased tenant | 2 months |
| Ground 7A | Mandatory | Serious ASB / conviction | 1 month / immediate |
| Ground 8 | Mandatory | 3+ months rent arrears | 4 weeks |
| Ground 8A | Mandatory | Repeated arrears (3x in 3 yrs) | 4 weeks |
| Ground 10 | Discretionary | Any rent arrears | 4 weeks |
| Ground 11 | Discretionary | Persistent late payment | 4 weeks |
| Ground 12 | Discretionary | Breach of tenancy | 2 weeks |
| Ground 13 | Discretionary | Property deterioration | 2 weeks |
| Ground 14 | Discretionary | Anti-social behaviour | Immediate |
| Ground 17 | Discretionary | False information | 2 weeks |
No. Permanently abolished on 1 May 2026. If you served a valid one before 1 May 2026 and the period hasn't expired, transitional arrangements may apply — seek advice.
The notice remains valid. However, for Ground 8, if arrears fall below 3 months by the hearing date, Ground 8 fails. Grounds 10 and 11 may still succeed — which is why you must always plead all three together.
Counterclaims — for example, arguing the property is in disrepair — turn a straightforward case into complex litigation. If you receive notification of a counterclaim, get legal advice immediately.
Current median time from possession claim to repossession: 27 weeks. Add your notice period (4 weeks to 4 months) before that. A contested case from first notice to physical possession realistically takes 7–9 months.
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