Ground 3 Section 8 Possession — Former Holiday Let: Landlord Guide 2026

When Ground 3 Applies

Ground 3 applies where: (1) the dwelling house was let for holiday use at some time in the period of twelve months ending with the beginning of the tenancy; and (2) the landlord gave notice to the tenant, before the tenancy was entered into, that possession might be recovered under Ground 3.

The first condition — prior holiday letting — is met where the property was let as holiday accommodation at any point in the 12 months immediately before the current (residential) tenancy started. This covers the classic winter let scenario: the property was used as a holiday cottage in the summer and autumn, then let to a residential tenant in October, with the landlord intending to recover it by spring.

The second condition — the pre-tenancy notice — is non-negotiable. The notice must be given to the tenant before the tenancy agreement is signed, not at the time of service of the Section 8 notice or during the tenancy. Courts have consistently held that a retrospective notice cannot substitute for the pre-tenancy notice required by the statute. If the notice was not given, seek legal advice before serving a Section 8 notice relying on Ground 3.

Form of the pre-tenancy notice: no prescribed form is required for the Ground 3 notice. It simply needs to be a written document given to the tenant before the tenancy starts, clearly stating that the property was previously used as a holiday let and that possession may be recovered under Ground 3. Keep a signed copy of the tenant's acknowledgment if possible.

• Prior holiday use required: The property must have been used as a holiday let at some point in the 12 months immediately before the current tenancy started
• Pre-tenancy notice is mandatory: The notice must be given to the tenant before the tenancy begins — retrospective notices do not count
• No prescribed notice form: A clear written statement that Ground 3 may be used is sufficient — but keep a copy with the tenant's acknowledgment
• Mandatory possession ground: If both conditions are met, the court must order possession — no landlord fault or tenant misconduct is required
• Winter let model: Ground 3 is the standard possession mechanism for summer holiday lets that are also used as winter residential lets

Notice Period for Ground 3

The notice period for Ground 3 is 2 weeks. The Section 8 Form 3A specifying Ground 3 must give the tenant at least 2 weeks' notice before the landlord can issue possession proceedings in the county court. This is a shorter notice period than most other Section 8 grounds, reflecting the fact that the tenant would have known from the outset that the property was a former holiday let and that Ground 3 might be relied upon.

After the 2-week notice period expires, if the tenant has not vacated, the landlord must apply to the county court for a possession order using Form N5 (possession claim) and Form N119 (particulars of claim). The court will list a hearing at which the landlord must prove: (a) the prior holiday use in the 12 months before the tenancy; and (b) that the pre-tenancy notice was given. Documentary evidence of both is essential — holiday letting records and the signed pre-tenancy notice.

• 2 weeks' notice: Section 8 Form 3A with Ground 3 must give at least 2 weeks' notice
• County court after expiry: If tenant does not leave after notice, apply to county court with Form N5 and Form N119
• Prove both conditions at hearing: Holiday letting records (bookings, contracts, income) and the original signed pre-tenancy notice
• 12-month notice validity: Issue possession proceedings within 12 months of the notice expiry date or re-serve

The Winter Let Model: How Ground 3 Works in Practice

The typical Ground 3 scenario is the winter let: a landlord who owns a coastal or rural holiday cottage lets it as holiday accommodation in spring, summer, and autumn, then — to generate income during the off-season — lets it as a longer-term residential let over the winter months. Before entering into the residential tenancy, the landlord gives the tenant a Ground 3 notice confirming that the property has been used as a holiday let and that possession may be recovered under Ground 3 when the holiday season approaches.

The timing of the Ground 3 notice in the winter let context matters. It must be given before the tenancy starts — ideally included with the tenancy agreement and signed by the tenant at the same time. Including the Ground 3 notice as a separate schedule to the tenancy agreement (so that the tenant's signature on the agreement also acknowledges receipt of the notice) is good practice and minimises the risk of a dispute about whether notice was given.

For landlords relying on Ground 3, the planning calendar typically looks like this: let the property as a holiday let in summer and autumn; in September or October, let it as a residential let with a Ground 3 pre-tenancy notice; in January or February, serve a Section 8 Form 3A notice relying on Ground 3 with 2 weeks' notice; apply to the county court in February or March for a possession order if the tenant has not vacated; obtain vacant possession by March or April in time for the next holiday season.

One important practical point: the Renters' Rights Act 2025 does not affect Ground 3 itself — it remains a mandatory ground under the amended Housing Act 1988. However, from 1 May 2026, any winter let tenancy (which is an assured tenancy if the property is let as a principal home with rent above £1,000/month in London or £750/month elsewhere) must be a Periodic Assured Tenancy rather than a fixed-term AST. This does not affect the availability of Ground 3 — the ground applies to assured tenancies regardless of whether they are fixed-term or periodic.

• Include notice with the tenancy agreement: Give the Ground 3 notice as a separate schedule signed at the same time as the tenancy agreement
• Timing the notice: Serve the Section 8 Form 3A in January or February for a spring possession, allowing time for any county court proceedings
• Keep holiday letting records: Booking records, income records, and previous short-term let agreements are the evidence needed to prove prior holiday use
• Periodic Assured Tenancy required: Winter let tenancies from 1 May 2026 must be Periodic Assured Tenancies, not fixed-term ASTs — but Ground 3 remains available
• Possession timeline: 2-week notice + 4-8 weeks for a county court hearing + order = typically 10-12 weeks from notice to vacant possession

What if the Pre-Tenancy Notice Was Not Given?

If the pre-tenancy Ground 3 notice was not given before the tenancy started, Ground 3 is not available. There is no judicial discretion to overlook a missing pre-tenancy notice. Landlords in this position must rely on a different possession ground.

Available alternatives where there is no pre-tenancy notice: (a) Ground 1A (intending to sell) — if the landlord genuinely intends to sell the property; (b) Ground 1 (owner-occupier/family to occupy) — if the landlord or a qualifying family member genuinely intends to occupy the property as their principal home, and the landlord occupied the property before the tenancy or a Ground 1 notice was given before the tenancy; (c) a discretionary ground such as Ground 14 if there is anti-social behaviour; or (d) negotiating a mutual surrender with the tenant, possibly offering a payment to vacate.

The lesson for landlords is clear: the pre-tenancy Ground 3 notice must be given before the tenancy starts, without exception. If you are about to let a property that has been used as a holiday let, give the Ground 3 notice to the tenant before the tenancy agreement is signed. This costs nothing and preserves the most reliable possession route available.

• No retrospective fix: If the notice was not given before the tenancy started, Ground 3 is unavailable — there is no remedy
• Alternatives: Ground 1A (sale intention), Ground 1 (occupation), or mutual surrender
• Prevention: Always give the Ground 3 notice with the tenancy agreement for any property with a history of holiday letting — it costs nothing and preserves the most reliable possession route

Ground 3 and Holiday Lets Under the Renters' Rights Act 2025

The Renters' Rights Act 2025 did not abolish Ground 3 or alter the conditions for its use. However, it changed the type of tenancy that applies to winter let arrangements. From 1 May 2026, any new residential tenancy of a property in England that meets the assured tenancy conditions (principally: let as a principal home, annual rent below the assured tenancy rent limit) must be a Periodic Assured Tenancy. Fixed-term ASTs can no longer be used for new lets.

For winter let landlords, this means the residential tenancy granted to the winter let tenant from 1 May 2026 must be a Periodic Assured Tenancy (PAT). The pre-tenancy Ground 3 notice must be given before the PAT commences. Ground 3 remains available as a mandatory possession ground under the RRA 2025-amended Housing Act 1988.

One consequence of the PAT structure is that the tenant could theoretically give 2 months' notice to end the tenancy at any time after the first 6 months. In a winter let context, this may be irrelevant — the tenant may choose to leave voluntarily before the landlord needs to serve a Ground 3 notice. If the tenant gives notice to end the tenancy, the landlord does not need to use Ground 3 at all. Ground 3 is needed only where the tenant will not leave voluntarily.

Holiday lets themselves (short-term lettings where the property is not the tenant's principal home) are excluded from the assured tenancy regime entirely and are not affected by the Renters' Rights Act 2025. Ground 3 only applies to the intermediate residential tenancy granted in the off-season — not to the holiday lettings themselves.

• Ground 3 retained under RRA 2025: The Renters' Rights Act 2025 did not remove or alter Ground 3
• PAT required from 1 May 2026: Winter let residential tenancies from 1 May 2026 must be Periodic Assured Tenancies — fixed-term ASTs cannot be used
• Tenant may leave voluntarily: Under a PAT, the tenant can give 2 months' notice to end the tenancy at any time after 6 months — Ground 3 is only needed if the tenant will not leave voluntarily
• Holiday lets exempt: The short-term holiday lets themselves are outside the assured tenancy regime and are not affected by the Renters' Rights Act

Frequently asked questions