The old Section 8 Form 3 is revoked. From 1 May 2026, Form 3A is the only prescribed form for serving a Section 8 possession notice. A notice served on the wrong form is invalid and you must re-serve.
With Section 21 abolished from 1 May 2026, Section 8 is now the only possession route for private landlords in England. This guide explains exactly how to serve a Section 8 notice correctly, from choosing your ground to the courthouse door.
Step 1: Choose the right ground
Section 8 notices must specify at least one statutory ground for possession. The most commonly used grounds are:
| Ground | Reason | Type | Min notice |
|---|---|---|---|
| Ground 8 | 3+ months' rent arrears | Mandatory | 4 weeks |
| Ground 10 | Some rent arrears | Discretionary | 4 weeks |
| Ground 11 | Persistent rent delay | Discretionary | 4 weeks |
| Ground 14 | Nuisance / anti-social behaviour | Discretionary | Immediate |
| Ground 1A | Landlord intends to sell | Mandatory | 4 months |
| Ground 1 (revised) | Landlord / family to occupy | Mandatory | 4 months |
For arrears cases, always plead Grounds 8, 10, and 11 together on one notice. If the tenant pays down arrears to below the Ground 8 threshold before the hearing, Grounds 10 and 11 still allow the court to proceed on a discretionary basis.
Step 2: Complete Form 3A
Form 3A is the prescribed Section 8 notice form from 1 May 2026. It must include:
- Full name and address of each tenant
- Full name and address of the landlord (or agent)
- Address of the property
- The ground(s) relied on, referenced by number and full statutory text
- Particulars of each ground, specific facts that satisfy the ground (e.g. exact rent arrears amount and period for Ground 8)
- The earliest date possession is required, must be on or after the minimum notice period expires
- Landlord or agent signature and date
Courts reject Section 8 notices where the particulars are vague. For Ground 8, state the exact arrears amount, the weeks or months they cover, and the date calculated. For Ground 14, describe each specific incident with date and nature of behaviour.
Step 3: Check the tenancy pre-conditions
For Grounds 1, 1A, 1B, 2, and 6A, the Section 8 notice cannot be served before the tenancy has been in existence for at least 4 months. For all other grounds, there is no minimum tenancy duration before serving notice.
- Deposit protection: if you hold a deposit, it must be protected in an approved scheme with Prescribed Information served before you can rely on Ground 8
- Start-of-tenancy document: you must have served the How to Rent guide (tenancies granted before 1 May 2026) or the RRA Information Sheet (tenancies from that date) at the start of the tenancy
- Gas Safety Record: must have been served at the start of the tenancy
- EPC: must have been provided before the tenancy commenced
Step 4: Calculate the notice period
The notice period starts running from the date of deemed service, not the date you completed the form. Add the relevant service days to the date you send the notice, then add the minimum notice period from that date.
- First-class post: add 2 working days for deemed service (or check your tenancy agreement)
- Email: add 1 day for deemed service if the tenancy permits email service
- Hand delivery: the notice period starts the same day if served before noon, or the next day if served after noon
Step 5: Serve the notice
Serve on every named tenant individually. Methods permitted under s.196 of the Law of Property Act 1925 (applicable to most assured tenancies):
- First-class post, addressed to the tenant at the property. Retain proof of posting. Deemed served on the second working day after posting.
- Hand delivery to the property, post through the letterbox or hand to the tenant. Retain a witness or take a dated photograph of posting.
- Email, only valid if the tenancy agreement explicitly permits email service of notices. Retain sent email evidence.
- Personal hand service, hand the notice to the tenant in person. Ask for a dated receipt if possible.
Step 6: Wait for the notice period to expire
Do not apply to court before the notice period has expired, the court will reject a premature claim. Use the waiting period to gather evidence: rent account statements, arrears schedule, incident logs, photographs, correspondence.
Step 7: Apply to court if the tenant does not leave
Once the notice has expired and the tenant has not vacated, apply for possession at the County Court Business Centre (online) or your local hearing centre. Complete Form N5 (possession claim) and N119 (particulars of claim). Attach the Section 8 notice and proof of service.
Pre-formatted Form 3A with all 18 grounds, guidance on completing each ground's particulars, and a service record. Available from £19.