How to Write a Section 8 Notice Seeking Possession in England

Section 21 is gone — you now need a ground

Before the Renters' Rights Act 2025, a landlord could end an assured shorthold tenancy without giving any reason by serving a section 21 notice. That route has been abolished. There is no longer a 'no-fault' possession procedure in England.

Every possession claim must now be justified by a statutory ground. That makes the section 8 notice the central document: it is where you state the ground, set out the facts, and start the clock running toward court proceedings. Choosing the wrong ground, or leaving out the reasons, can make the whole notice invalid.

Choose the right Schedule 2 ground

The grounds in Schedule 2 fall into two categories. Mandatory grounds require the court to order possession if the ground is proved. Discretionary grounds only succeed if the court also decides it is reasonable to order possession, so they carry more risk and usually need stronger evidence.

For serious rent arrears, Ground 8 is the mandatory ground. For lower or irregular arrears, the discretionary Grounds 10 (rent lawfully due) and 11 (persistent late payment) apply instead. Breach of the tenancy is Ground 12 (discretionary), and nuisance or anti-social behaviour is Ground 14 (discretionary). Where the landlord needs the property back, Ground 1 (the landlord or a close family member moving in) and Ground 1A (selling the property) are mandatory, and Ground 6 covers redevelopment.

You can rely on more than one ground at once — for example, pairing mandatory Ground 8 with discretionary Grounds 10 and 11 so a fallback exists if arrears drop before the hearing.

Use the prescribed Form 3

A section 8 notice is only valid if it is served on the current prescribed form — Form 3 (Notice seeking possession of a property let on an assured tenancy). Free-form letters do not count, however carefully worded.

Form 3 is periodically reissued when the law changes, so check GOV.UK for the version in force at the date of service and transcribe your details onto it before serving. The notice must set out each ground in full and give the reasons the landlord relies on, so the tenant understands the case they have to answer.

Get the notice period right for each ground

The notice period is the gap between service and the earliest date court proceedings may begin, and it is set by the grounds relied on. Getting it wrong is one of the most common reasons a notice fails.

Ground 8 (serious rent arrears) requires a minimum notice period of four weeks (28 days) under the Renters' Rights Act 2025, and the qualifying arrears — generally around three months' worth — must exist both when the notice is served and at the hearing. Grounds 1 and 1A (landlord moving in or selling) require a much longer period, currently around four months, and typically cannot be used in the first 12 months of the tenancy, with restrictions on re-letting afterwards. Ground 14 (serious anti-social behaviour) has no minimum period, so proceedings can begin as soon as the notice is served.

Where you rely on several grounds with different periods, set the earliest-proceedings date to satisfy the longest one. Notice periods change, so always verify the current figure before serving.

1. 1.Confirm the tenancy is an assured tenancy in England and gather the tenant and property details.
2. 2.Identify the ground(s) in Schedule 2 that fit your situation and note which are mandatory and which are discretionary.
3. 3.Write out the specific reasons and facts for each ground, with dates and figures.
4. 4.Download the current prescribed Form 3 from GOV.UK and transcribe your details onto it.
5. 5.Calculate the earliest court-proceedings date using the longest notice period for the grounds relied on.
6. 6.Serve the notice by an accepted method, keep proof of service, and diarise when proceedings may begin.

Serving the notice does not end the tenancy

A section 8 notice is not an eviction. It does not end the tenancy and it does not force the tenant to leave. It simply opens the door to a possession claim once the notice period has passed.

If the tenant does not leave, the landlord must apply to court for a possession order, and only a court — through a bailiff or High Court enforcement — can lawfully carry out an eviction. For discretionary grounds, proceedings must be started within twelve months of the notice. Because the grounds and periods under the Renters' Rights Act 2025 continue to change, verify the current position, and take advice if the case is contested.