Section 8 notices and evictions: the rules for tenants in England

By Sam Kane · Last checked 9 October 2026 · Covers England only

A section 8 notice is the form a landlord in England must give you if they want to end your tenancy. Since 1 May 2026, it is the only way a private landlord can start an eviction. The notice must give a legal reason, give you enough time, and be on the right form. If any of that is wrong, the court usually cannot evict you.

This guide explains the reasons a landlord can use, how much notice each one needs, and what to do if you get a section 8 notice.

The short version

What is a section 8 notice?

Section 8 is a part of the Housing Act 1988. It sets out how a landlord can ask a court to end an assured tenancy, which is what almost every private tenancy in England has been since 1 May 2026.

Before 1 May 2026, landlords could also use section 21, which needed no reason. That route has ended. Our section 21 guide explains what happened to it.

What must a section 8 notice include?

A valid notice must:

  1. Be on Form 3A, or a form that says the same things.
  2. Name each ground your landlord relies on, with its number, and explain why it applies.
  3. Give at least the minimum notice for each ground.
  4. Show the earliest date your landlord can apply to court.
  5. Be given to you properly.

If your landlord uses more than one ground, the longest notice period of those grounds applies. For example, a notice that names ground 1 (4 months) and ground 8 (4 weeks) must give you at least 4 months. Different rules apply if the notice names ground 7A or ground 14.

Which grounds can a landlord use?

These are the grounds most private renters meet. The full list is on GOV.UK.

Ground Your landlord’s reason Minimum notice Mandatory or discretionary
1 They or a close family member want to live there 4 months Mandatory
1A They want to sell the home 4 months Mandatory
2 Their mortgage lender wants to take the home back 4 months Mandatory
4A The home is a shared student house needed for new students 4 months Mandatory
6 They need to do major building work 4 months Mandatory
7A Serious antisocial behaviour or a criminal conviction None, they can apply to court straight away, but the court cannot make an order until 14 days after the notice Mandatory
8 You owe at least 3 months’ rent (13 weeks if you pay weekly or fortnightly) 4 weeks Mandatory
10 You owe some rent 4 weeks Discretionary
11 You often pay your rent late 4 weeks Discretionary
12 You broke another term of your tenancy 2 weeks Discretionary
13 The condition of the home has got worse because of you 2 weeks Discretionary
14 Antisocial behaviour None, they can apply to court straight away, but the court cannot make an order until 14 days after the notice Discretionary

What is the difference between mandatory and discretionary?

Can my landlord evict me to sell or move in?

Yes, but not in your first 12 months. They can give you notice before the 12 months end, as long as the notice does not run out until after that point. They must give you 4 months’ notice. If they use either reason, they cannot let or advertise the home to a new tenant for 12 months after the notice ends.

How does the rent arrears ground work now?

For ground 8, you must owe at least 3 months’ rent (or 13 weeks if you pay weekly or fortnightly) on the day you get the notice and on the day of the court hearing. Before 1 May 2026, the limit was 2 months.

If you get the part of Universal Credit that helps with rent, and the Department for Work and Pensions has decided to pay you but the money has not arrived yet, the court should not count that unpaid amount.

If you can bring the arrears below 3 months before the hearing, ground 8 no longer works. Your landlord may still use grounds 10 or 11, but then the court decides what is reasonable. Our rent arrears guide explains how to deal with arrears.

How do I check my section 8 notice?

Ask these questions:

  1. Is it on Form 3A, or does it contain the same information?
  2. Does it give the ground numbers and explain why each one applies?
  3. Is the notice period long enough for each ground?
  4. If the ground is selling or moving in, does the notice run out after your first 12 months?
  5. If the ground is rent arrears, is the amount right?
  6. Did your landlord protect your deposit in a government-approved scheme? If not, the court usually cannot make a possession order. This rule does not apply to the antisocial behaviour grounds (7A and 14), or if your landlord has paid your deposit back. Protecting it late, before the court decides, also counts. Our deposit guide explains how to check.

What happens after a section 8 notice?

  1. The notice runs out. You do not have to leave on that date.
  2. Your landlord may apply to court. They must do this within 12 months of giving you the notice, or the notice can no longer be used.
  3. You get court papers. Fill in the defence form within 14 days. This is where you explain your side.
  4. There is a hearing. Your landlord must prove the ground. You can get free legal advice on the day from the Housing Loss Prevention Advice Service.
  5. The court decides. It may dismiss the claim, make a possession order with a date to leave, or, for discretionary grounds, make an order with conditions, such as paying off arrears.
  6. Bailiffs. If you do not leave by the date in the order, your landlord must apply for bailiffs. You usually get at least 14 days’ notice of the eviction date.

Your landlord must never change the locks, remove your things or force you out without a court order and bailiffs. That is illegal eviction.

What about a section 8 notice I got before 1 May 2026?

If your landlord did not start a court claim by 31 July 2026, that notice can no longer be used. If they did, the case carries on under the old rules.

What to do now

  1. Read the notice carefully and note the earliest date your landlord can go to court.
  2. Get free advice from one of the services below.
  3. Talk to your landlord if the reason is rent. A payment plan in writing can stop things from going further.
  4. Gather your records: your tenancy agreement, deposit details, messages and bank statements showing your rent payments.
  5. Keep paying rent if you can. A steady record of payments helps you with your landlord and with the court.

For the wider picture, read our guide to the Renters’ Rights Act.

Common questions

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

No. The notice only lets your landlord apply to court. You can stay until the court makes a possession order and the date in that order passes.

How long is the notice period for a section 8 notice?

It depends on the ground. It is 4 months for selling or moving in, 4 weeks for rent arrears, 2 weeks for breaking the tenancy terms, and there is no minimum for serious antisocial behaviour.

Can I be evicted in the first year of my tenancy?

Not for selling or moving in. You can be evicted in the first year for other reasons, such as serious rent arrears or antisocial behaviour, if the court agrees.

What is Form 3A?

It is the official form a landlord in England must use for a section 8 notice since 1 May 2026. It names the grounds, explains why each one applies and gives the earliest date your landlord can go to court.

Can I be evicted if my deposit was not protected?

Usually not. GOV.UK says the court cannot make a possession order if your landlord has not protected your deposit in a government-approved scheme. Get advice about your own case.

How long does a section 8 eviction take?

It depends on the ground and on how busy the court is. After the notice ends, your landlord must apply to court and you get a hearing. If you do not leave by the date in the order, your landlord must apply for bailiffs, and you usually get at least 14 days’ notice of their visit.

Where to get free help

Sources

This guide is general information, not legal advice. If your landlord has given you notice, get advice about your own situation.

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