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Section 8 notice: Form 3A, grounds and notice periods
Section 21 is gone. Possession now runs entirely through Section 8, on a ground you can prove. Two things decide whether your notice works: using the right form, and giving the right notice period for the ground you rely on. Both changed in 2026, and both are getting missed.
The grounds sit in Schedule 2 to the Housing Act 1988 as amended by the Renters' Rights Act 2025. The form is prescribed separately, by the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2026, which took effect on 1 May 2026.
The form changed on 1 May 2026
A Section 8 notice on a privately rented assured tenancy must now be given on Form 3A. Forms 3 and 4 were not abolished — they now apply only to social housing. Serving Form 3 on a private tenancy means serving the wrong prescribed form.
The regulations define Form 3A as the version published by the Secretary of State that has effect at the time. It is not printed in the regulations, and it can be reissued without a new statutory instrument — so a copy you saved, bought in a template pack or downloaded last year may already be out of date.
Always download the current form, free, from GOV.UK immediately before you serve: Assured tenancy forms for privately rented properties. The rent-increase equivalent is Form 4A.
Notice periods by ground
There is no single Section 8 notice period. It is set by the ground. Where you rely on more than one ground, the longest applicable period applies.
| Ground | Notice | What it covers |
|---|---|---|
| 1 | 4 months | Landlord or close family member moving in. The notice may be served during the first 12 months but must not expire before they have passed. |
| 1A | 4 months | Selling the property. The notice may be served during the first 12 months but must not expire before they have passed, and no marketing or re-letting for 12 months afterwards. |
| 2 | 4 months | Mortgagee exercising a power of sale. |
| 7A | None | Serious offence conviction. Proceedings may begin immediately. |
| 8 | 4 weeks | Serious rent arrears — at least 3 months' rent, or 13 weeks' where rent is paid weekly or fortnightly. |
| 10 | 4 weeks | Some rent unpaid at the date of the notice and the hearing. |
| 11 | 4 weeks | Persistent delay in paying rent, whether or not any is owed now. |
| 12 | 2 weeks | Breach of an obligation in the tenancy other than rent. |
| 13 | 2 weeks | Deterioration of the property or common parts through the tenant's neglect. |
| 14 | None | Anti-social behaviour or nuisance. Proceedings may begin immediately. |
| 17 | 2 weeks | Tenancy granted because of a false statement by the tenant. |
Periods as set out in the GOV.UK Guide to the Renters' Rights Act. Several of these are longer than the pre-2026 equivalents — Grounds 1, 2, 10 and 11 in particular. Notice periods carried over from old templates are a common source of invalid notices.
The two rules that quietly void a notice
Grounds 1 and 1A: it is the expiry that cannot fall in the first 12 months
This one is widely stated wrongly, and getting it wrong costs you months. The restriction is not on serving the notice — it is on when the notice expires. GOV.UK's guidance for landlords puts it plainly: "You can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12 months has ended."
So on a tenancy that began in January, you can serve a four-month Ground 1A notice in September for expiry in January. If you believed you had to wait until the anniversary before serving, you would lose four months for nothing.
Ground 1A carries a 12-month re-letting ban
If you take possession on Ground 1A because you are selling, you cannot market or re-let the property for 12 months afterwards. If the sale falls through, you cannot simply put it back on the rental market — the restriction follows the use of the ground, not the outcome of the sale. The restriction is imposed by section 16E of the Housing Act 1988, inserted by the Renters' Rights Act 2025. Breaching it is both a civil contravention and an offence, and the penalty depends which route the council takes: up to £7,000 under section 16I, or up to £40,000 under section 16K where it is handled as an offence under section 16J.
Do not rely on a ground you could not actually prove
This one catches people who think they are being reasonable. Section 16J(1) makes it a criminal offence to rely on a ground in Schedule 2 "knowing that the landlord would not be able to obtain an order for possession on that ground, or being reckless as to whether the landlord would be able to do so", where the tenant then "surrenders the tenancy within the period of four months beginning with the date the ground was relied on" without a possession order being made.
Read plainly: telling a tenant you intend to sell so that they leave of their own accord, and you never go to court, is the exact fact pattern — if you could not in fact have obtained possession on that ground, because you are inside the first 12 months or you do not genuinely intend to sell. If the intention is real and the ground would stand up, none of this bites, and a tenant leaving voluntarily saves everyone months. The offence targets using a ground as leverage when you could not make it out.
After you serve
Serving the notice does not end the tenancy. If the tenant does not leave, you apply to the county court and must prove the ground applies. Grounds are either mandatory, where the court must order possession if the ground is made out, or discretionary, where the court also weighs whether it is reasonable. Evidence requirements are stricter than under the old Section 21 route, where no reason was needed at all.
A Section 8 notice lasts 12 months from service. If proceedings have not begun by then, it expires and you serve again. Keep a record of how and when you served it — date, method, address, and who served it. Service is the first thing a tenant's adviser will test.
Common questions
Can I still use Section 21?
No. Section 21 no-fault eviction is abolished. Every possession claim now needs a ground under Section 8, and you have to be able to prove it in court.
I already own a Section 8 template. Is it still valid?
Check two things: whether it uses Form 3A or the old Form 3, and whether its notice periods match the table above. Templates written before 1 May 2026 will use Form 3, and many carry pre-2026 notice periods of two weeks or two months for grounds that now need four months.
Where do I get Form 3A?
Free from GOV.UK, at Assured tenancy forms for privately rented properties from 1 May 2026. Download it fresh each time rather than reusing a stored copy — the regulations point to whichever version has effect at the time you serve.
Does the tenant have to leave on the date in the notice?
No. The date in the notice is the earliest date you can start court proceedings, not a date the tenant must vacate. Only a court order, enforced by bailiffs, ends the tenancy if the tenant stays.
Is this legal advice?
No. This is a plain-English summary with the legislation cited so you can check it yourself. Possession is the highest-stakes thing a landlord does — for a contested claim, instruct a housing solicitor or call the NRLA helpline.
Serving one yourself?
The UK Renters' Rights Pack includes a Section 8 serve-guide — every ground with its correct notice period, the pre-service checks that make a notice stand up, and a service record to complete and keep. It does not reproduce Form 3A itself, because the regulations define that as whichever version GOV.UK is publishing when you serve; the guide shows you how to get the current one and serve it properly.
Nine documents, £24 once, no subscription, twelve months of updates as the regulations continue to land.
Or read the full Renters' Rights Act guide first — free, and it covers every duty, not just possession. See also the section 16D written statement of terms, required before every new tenancy.