How to evict tenants using Section 8 with Form 3A (Renters’ Rights)

Since 1 May 2026, Section 8 of the Housing Act 1988 has been the only route available for landlords in England to evict tenants and recover possession, as new Section 21 “no fault” notices have not been able to be served since 30 April. Every possession claim now requires a valid ground under Section 8.

This is a guide for landlords on how to evict tenants and recover possession using Section 8 of the Housing Act 1988 from 1 May 2026, when the Renters’ Rights Act tenancy reforms come into effect.

The government has published guidance on the new process, including how to complete the new Form 3A. You can find these on the assured tenancy forms page on GOV.UK.

I cover the new Section 8 process in practical detail in Chapter 15 of my bestselling book, The Good Landlord Handbook. If you have any questions, you can ask me them at twice monthly livestreams in my membership, The Independent Landlord Hub.

>> Related Post: Grounds 1A and 1: How to evict tenants to sell up or move in

>> Related Post: Evicting tenants under the Renters’ Rights Act

Last updated: 11 October 2026

What is Section 8?

Section 8 of the Housing Act 1988 is the legal mechanism that allows a landlord to recover possession of a property let on an assured tenancy, by establishing one or more statutory grounds for possession.

Before 1 May 2026, landlords could choose between using a Section 21 to serve a “no fault” notice without giving a reason, and Section 8. Section 21 is abolished by the Renters’ Rights Act 2025 from 1 May 2026, with Section 8 the remaining route.

To use Section 8, the landlord must serve the tenant with a notice on the prescribed form (to be Form 3A from 1 May), specifying the ground or grounds relied on, and wait for the relevant notice period to expire. If the tenant does not leave, the landlord must apply to the county court for an order for possession.

If the tenants don’t move out voluntarily when the notice expires, landlords will need to have a court hearing to recover possession. The court will decide whether the ground is proved and, for discretionary grounds, whether it is reasonable to grant an order.

Due to the complexity of possession proceedings, it is highly advisable to speak to a qualified specialist solicitor before trying to recover possession using Section 8.

What is a Section 8 Notice?

A Section 8 notice is a formal notice under Section 8 of the Housing Act 1988, served on a tenant informing them that the landlord intends to seek possession of the property.

From 1 May 2026, the notice must be on the new Form 3A, which replaced the old Form 3. Form 3 can no longer be used for notices.

The notice must state the ground or grounds relied on, and must include the full legal wording for each ground.

The Renters’ Rights Act expanded the grounds for possession from 17 to 37, covering 20 mandatory and 17 discretionary grounds. For a detailed analysis of the grounds, see my post on how the new Section 8 grounds for possession work.

The new Section 8 Form 3A notice

Since 1 May 2026, landlords have been required use Form 3A to serve a Section 8 notice. The form is available on the assured tenancy forms page on GOV.UK. There is no need to pay for a template.

The government has also published guidance on how to complete the form: Form 3A: Completing the notice seeking possession, guidance for private landlords.

How to complete the new Form 3A

Here is some practical step-by-step guidance to help landlords complete the new Form 3A:

1. Basic details. Insert the names of all the tenants on the tenancy agreement and the property address
2. Earliest date the landlord can apply to court to regain possession (question 2.1).
   • This is the earliest date on which the landlord can apply to the court, which must be the day after the notice period for the grounds you are using has expired. If you are relying on more than one ground, it will be the longest notice period.
   • For Grounds 7A or 14 (anti-social behaviour), there is no notice period, and the landlord can apply to the court immediately after serving the notice, even if they are also relying on other grounds with longer notice periods.
3. Landlord’s reasons for asking the tenant to leave (question 4).
   • These are the ground or grounds that the landlord are relying on, and the landlord can tick the relevant box(es) in question 4.1.
   • Note that only the more common grounds are included, for instance rent arrears and the landlord moving in or selling up
4. The full legal wording for each ground (question 4.2).
   • For the notice to be valid, tenants must be given notice of the legal grounds the landlord is using to regain possession. This should be inserted into the box for question 4.2, on the “Extra Sheets” page if there is not enough room, but be sure to make clear which question it is answering and don’t forget to sign it.
   • The legal wording for each ground is published in a separate government document, Form 3A: Legal wording for possession grounds.
   • If the wording is incomplete or inaccurate, the notice may be invalid and a court could dismiss the claim.
5. Landlord’s explanation of why each possession ground is being used (question 4.3).
   • In box 4.3, the landlord needs to explain why they are using the ground or grounds
   • If box 4.3 is too small, it is possible to continue on the “Extra Sheets” page, but be sure to make clear which question it is answering and don’t forget to sign it.

Notice periods

The notice period depends on the ground you are using. There are five tiers:

• Four months: Grounds 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B.
• Two months: Grounds 5, 5A, 5B, 5C, 5D, 5H, 7, 9.
• Four weeks: Grounds 5E, 5F, 5G, 8, 10, 11, 18.
• Two weeks: Grounds 4, 7B, 12, 13, 14ZA, 14A, 15, 17.
• No notice period (immediate): Grounds 7A, 14.

The notice will lapse if possession proceedings are not commenced within 12 months of serving the notice.

For a detailed explanation of each ground, see my post on how the new Section 8 grounds for possession will work.

Deposit protection requirements

To use most grounds for possession, the landlord must show that the tenant’s deposit was protected in a government-approved scheme, the scheme requirements were complied with, and the prescribed information was given to the tenant.

This requirement does not apply to Grounds 7A or 14 (anti-social behaviour).

Unlike the old rules for Section 21, deposit protection can be undertaken late (outside the 30-day window following receipt of the deposit) and the landlord can still rely on the grounds, but a possession order cannot be granted unless the deposit has been protected and the prescribed information has been given to the tenant. 

If a landlord wishes to use Section 8 and they haven’t complied with the tenancy deposit rules, they would be well-advised to rectify this before serving the notice, as it gives the lawyers one less thing to argue about!

Misuse of grounds

Landlords must not use a possession ground they don’t qualify for. Since 1 May 2026, there have been penalties at two levels.

If a relevant person relies on a ground without reasonably believing the landlord would be able to obtain possession, and the tenant surrenders within four months without a court order, the local authority can impose a civil penalty of up to £7,000 under section 16I of the Housing Act 1988.

If the person acted knowingly or recklessly, it is a criminal offence under section 16J. The local authority can impose a civil penalty of up to £40,000 as an alternative to prosecution under section 16K. A conviction carries an unlimited fine.

Former tenants can also apply to the First-tier Tribunal for a rent repayment order of up to two years’ rent.

The PRS Database

Section 90 of the Renters’ Rights Act states that the court won’t be able to grant an order for possession if there isn’t an active landlord and dwelling registration on the Database for most Grounds for Possession.

The only exceptions are for Ground 7A (severe anti-social/criminal behaviour) and Ground 14 (anti-social behaviour).

This is to encourage landlords to register themselves and the property on the Database.

The PRS Database is due to start rolling out at the end of 2026, and be fully launched in 2027.

>> Related Post: The PRS Database: how to register your rental property

How to serve the notice (Form 3A)

The landlord must serve a separate Form 3A notice on each of the renters (and keep a copy).

If the tenancy agreement specifies a method of service, follow that method. Otherwise, you can serve the notice by handing it to the tenant in person (the most reliable method), delivering it to the property yourself and posting it through the letterbox if the tenant is not available, or sending it by registered post to the property.

You should only serve by email if the written tenancy agreement specifically allows for email service. (I recommend only using email as a back up, after posting the notice).

Keep a record of how and when the notice was served. You can either complete a certificate of service (Form N215) or write “served by [your name] on [the date]” on the notice. You will need this evidence if you apply to court.

If served by first class post, ask for a certificate of posting from the Post Office and take a photo of the envelope being handed over. The law deems the notice to be served the second day after posting. If that is not a business day, it will be the next business day.

If the tenant does not leave by the date specified in the notice, the landlord cannot remove the tenant themselves. It is a criminal offence to evict a tenant without a court order.

What happens after the notice period expires?

Many tenants move out before the notice period expires. However, tenants can legitimately stay in the property and do not need to move out before the notice period expires.

If the tenant does not leave after the notice period expires, the landlord must not try to change the locks or tell the tenants to leave. Instead, they must apply to the county court for an order for possession.

Breathing space

If the tenant is in a breathing space, the landlord cannot issue proceedings using the rent arrears grounds (Grounds 8, 10 or 11) unless a court has given permission.

A standard breathing space lasts up to 60 days. A mental health crisis breathing space lasts for the duration of treatment plus 30 days.

The 12-month deadline for issuing proceedings is automatically extended for the length of the breathing space.

Possession proceedings

The possession claim is started using Form N5 (the claim form) and Form N119 (particulars of claim), accompanied by proof of service, a copy of the tenancy agreement and evidence for each ground. For instance, the rent schedule (covering two years or from first default), anti-social behaviour diary, photos and witness statements.

If the grounds are exclusively for rent arrears (Grounds 8, 10 or 11), the claim can be filed online using Possession Claims Online.

The court will issue the claim, allocate a claim number and fix a hearing date, and send it to the tenant by first class post. The tenant usually has 14 days to respond with a defence.

At the hearing, the judge will decide whether the ground is proved and, for discretionary grounds, whether it is reasonable to grant an order. The judge will either grant outright possession, make a suspended order with conditions, adjourn with directions, or dismiss the claim.

Appointing bailiffs to recover possession

If the tenant doesn’t move out by the date set by the court in the possession order, the landlord will need to take enforcement action by obtaining a warrant for possession.

A landlord can do this by completing a warrant for possession (Form N325) and sending it to the same court that heard the possession claim.

The final stage is repossession, or enforcing the order, by appointing court bailiffs.

Instructing a High Court Enforcement Officer to evict

Some landlords prefer to appoint a High Court Enforcement Officer to carry out the eviction as it tends to be quicker.

However, it is more expensive. To use a High Court Enforcement Officer, the landlord will need to ask the County Court to transfer the case to the High Court under section 42 County Courts Act 1984.

>> Useful Resource: How to instruct a High Court Enforcement Officer

Final thoughts

Finally, this is a very general overview of how to obtain possession of a property using Section 8. However, it’s not legal advice.

Possession proceedings are complex and the consequences of getting them wrong are serious, both for the landlord and the tenant. If you are thinking about seeking possession, speak to a qualified specialist solicitor before serving a notice. The cost using specialist solicitors to get it right, is almost always less than the cost of getting it wrong because you didn’t get specialist legal advice.

You can find ongoing support and resources at The Independent Landlord Hub.