Section 8 notice guide: how to draft, serve and enforce (2026)

With Section 21 abolished from 1 May 2026, Section 8 of the Housing Act 1988 is the only route to possession in England. Every eviction now requires a statutory ground, a correctly drafted notice, proper service, and — if the tenant does not leave voluntarily — a county court claim. This guide covers the entire process from start to finish.

What is a Section 8 notice?

A Section 8 notice is a statutory notice served on a tenant informing them that you intend to seek a court order for possession. It must specify at least one of the statutory grounds in Schedule 2 to the Housing Act 1988 (as amended by the Renters' Rights Act 2025), give the required notice period for each ground cited, and be in the prescribed form.

Step 1 — Choose your ground

The ground you choose determines the notice period, the evidence you need, and whether the court must grant possession (mandatory) or may grant it (discretionary). You can — and usually should — cite multiple grounds.

The most commonly used grounds in practice are:

• Ground 8 — rent arrears of 3+ months at both the date of notice and the date of hearing. Mandatory. 2 weeks' notice.
• Ground 1 — landlord or family member intends to occupy as their only or principal home. Mandatory. 4 months' notice. Minimum 12-month tenancy.
• Ground 1A — landlord intends to sell. Mandatory. 4 months' notice. Minimum 12-month tenancy. 12-month re-let ban.
• Ground 14 — anti-social behaviour or nuisance. Discretionary. Immediate notice (0 days).
• Ground 10 — some rent arrears (below 3 months). Discretionary. 2 weeks' notice.
• Ground 12 — breach of tenancy (non-rent). Discretionary. 2 weeks' notice.

Step 2 — Check your compliance

Before you draft the notice, check every compliance obligation. A possession claim can fail — or be adjourned — if any of the following are not in order:

• Gas safety record (CP12) — must be current and served on tenant.
• EICR — must be satisfactory and served.
• EPC — must be current (E or above) and served.
• Deposit — must be protected in an approved scheme with prescribed information served within 30 days.
• How to Rent guide — must have been given at start of tenancy.
• Smoke and carbon monoxide alarms — must be present and tested.
• Licensing — if the property requires an HMO licence, it must be in force.

Step 3 — Draft the notice

The notice must be in the prescribed Form 3 (as updated for the RRA 2025 regime). It must contain:

1. The landlord's name and address.
2. The tenant's name and the property address.
3. Each ground relied upon — cited by number with the full statutory text.
4. The particulars of each ground — the specific facts and evidence.
5. The earliest date on which proceedings may begin (after the notice period expires).
6. The date of service.

Step 4 — Serve the notice

Correct service is critical. The notice must be served on the tenant personally, or left at or posted to the property address. If posting, use first-class post and add 2 working days for deemed service.

• Personal service — hand the notice to the tenant in person. Best option: hardest to dispute.
• Left at the property — posted through the letterbox or left in a conspicuous place. Service is on the day of delivery.
• First-class post — deemed served on the second working day after posting. Keep the post office receipt.
• Email — not valid for statutory notices unless the tenancy agreement explicitly permits electronic service. Do not rely on email alone.

Keep evidence of service: a dated photo of the notice in the letterbox, the post office receipt, or a witness statement from the person who delivered it.

Step 5 — Wait for the notice period to expire

The notice period varies by ground. You cannot file at court until the notice period has fully expired. If you file early, the claim is invalid.

Step 6 — File the court claim

If the tenant has not left by the expiry of the notice period, issue a possession claim at the county court. Use Form N5 (claim form) and N119 (particulars of claim). The filing fee is £355 (2026 figure). Accelerated possession (N5B) is no longer available for most claims under the new regime.

The court lists a hearing typically 6–10 weeks after issue. You will need to attend with your evidence bundle: the tenancy agreement, all compliance certificates, the notice, proof of service, a rent ledger (for arrears claims), and any pre-action correspondence.

Step 7 — The hearing

At the hearing, the district judge considers whether the ground is proved and (for discretionary grounds) whether it is reasonable to grant possession. If satisfied:

• Mandatory ground — possession order with a fixed date (usually 14 days).
• Discretionary ground — possession order with up to 42 days.
• Suspended order — if the tenant offers to clear arrears, the court may suspend the order on conditions.
• Dismissal — if the notice is defective, the ground is not proved, or compliance is not in order.

Step 8 — Enforcement

If the tenant does not leave by the date in the possession order, apply for a warrant of possession (Form N325). Fee: £143. The county court bailiff executes the warrant — typically 2–6 weeks after application. Never attempt self-help eviction: it is a criminal offence under the Protection from Eviction Act 1977, regardless of whether you have a court order.

Timeline summary

When to instruct a solicitor

• The tenant has instructed a solicitor.
• There is a counter-claim for disrepair, discrimination or harassment.
• There is a vulnerable-adult or child safeguarding dimension.
• The annual rent exceeds £25,000 (the cost of professional advice is proportionate).
• You are unsure whether the ground applies to your circumstances.