Section 8 Notice (Form 3A): Grounds, Ground 8 and the Renters' Rights Act 2026

A section 8 notice is the formal notice a landlord serves on an assured tenant to say they intend to ask the court for possession of the home. It takes its name from section 8 of the Housing Act 1988, and it must name one or more of the grounds for possession listed in Schedule 2 to that Act.

What a section 8 notice is not:

• It is not an eviction order. The tenant does not have to leave when the notice runs out.
• It does not end the tenancy on its own. After the date in the notice the landlord has to issue a possession claim, prove the ground at a hearing and get a possession order.
• Only county court bailiffs acting under a warrant of possession can carry out the eviction. A landlord who changes the locks or removes a tenant without one risks committing unlawful eviction.

Why it matters more now:

Since the Renters' Rights Act 2025 came into force on 1 May 2026, section 21 "no fault" notices can no longer be served on private tenants in England. A private landlord who wants the property back now needs a section 8 notice on a ground the court will accept.

This guide covers private tenancies in England. Wales has its own system for rented homes, and social housing is not yet under these reforms.

If you are a tenant who has been served with one, see how to defend a section 8 eviction notice.

From 1 May 2026, a private landlord in England serves a section 8 notice on the prescribed Form 3A (prescribed by SI 2026/354). GOV.UK publishes the current form on its page of assured tenancy forms for privately rented properties.

What the form asks for:

• The tenant's and landlord's details and the address of the property
• Each ground for possession you rely on, set out in full
• Particulars: the facts behind each ground (for rent arrears, the rent, the arrears and how they are made up)
• The earliest date on which court proceedings can begin, which must allow the full notice period for every ground named

Which form, when:

• Form 3A: private landlords serving a section 8 notice from 1 May 2026.
• Form 3: the old form. It still applies to social housing until those reforms commence, and to notices served before 1 May 2026. It is not the right form for a private landlord serving a new notice.

Use the current form from GOV.UK rather than a template saved before May 2026: templates drafted on the old rules usually carry the old Ground 8 threshold and notice periods.

Schedule 2 to the Housing Act 1988, as amended by the Renters' Rights Act, now has 26 mandatory and 11 discretionary grounds.

Mandatory grounds: if the landlord proves the ground, the court must make a possession order. Discretionary grounds: even if the ground is proved, the judge decides whether it is reasonable to order possession, and can suspend or postpone the order on terms.

Grounds landlords use most, with notice periods from 1 May 2026:

• Ground 1 (landlord or family moving in) and Ground 1A (selling the property): mandatory, 4 months' notice, and neither can be used in the first 12 months of the tenancy
• Ground 2 (mortgage lender repossessing) and Ground 6 (redevelopment): mandatory, 4 months' notice
• Ground 7 (tenant has died): mandatory, 2 months' notice
• Ground 8 (serious rent arrears): mandatory, 4 weeks' notice
• Ground 9 (suitable alternative accommodation): discretionary, 2 months' notice
• Ground 10 (some rent arrears) and Ground 11 (persistent late payment): discretionary, 4 weeks' notice
• Ground 12 (breach of the tenancy): discretionary, 2 weeks' notice
• Ground 14 (nuisance or illegal use): discretionary, proceedings can start as soon as the notice is served

Ground 8 in one line: at least 3 months' rent unpaid on a monthly tenancy, or 13 weeks' on a weekly or fortnightly one, both when the notice is served and on the day of the hearing. Arrears that exist only because of a delay in Universal Credit housing payments do not count.

This is a summary of the common grounds, not the full list. Check the exact wording of any ground in Schedule 2 before you rely on it.

What the Renters' Rights Act 2025 changed for private landlords in England from 1 May 2026, as far as it bears on tenancies and possession:

Tenancies and possession:

• No section 21. Possession of a private tenancy is by section 8, on a ground, through the court.
• Assured periodic tenancies. Existing assured shorthold tenancies converted to assured periodic tenancies by statute. No new agreement is needed, but landlords were required to give existing tenants the government's information sheet.
• Form 3A for section 8 notices, with the longer notice periods above.

Rent:

• Rent increases go through a Section 13 notice on Form 4A, with at least 2 months' notice, no more than once a year and not in the first 12 months. The tenant can ask the First-tier Tribunal to decide the rent. See challenging a rent increase.
• Rental bidding is banned: landlords and agents cannot ask for or accept offers above the advertised rent, and demands for rent in advance are restricted.

Letting and managing:

• No blanket bans on tenants who receive benefits or who have children.
• Pets: a tenant can ask to keep a pet, and the landlord cannot unreasonably refuse.
• Deposit protection rules under the Housing Act 2004 still apply. Problems with the deposit, or with documents the landlord was required to give the tenant, can undermine a notice or a claim, so get advice if anything is missing.

Still to come: the Act also provides for a private rented sector database and a landlord ombudsman, which are being introduced in later phases. Check GOV.UK for when each applies to you.

If you use a letting agent, they will be working to the same rules. CourtPilot for letting agents covers arrears cases run on a landlord's behalf.

The Renters' Rights Act 2025 received royal assent on 27 October 2025. Part 1, which reforms private tenancies in England, came into force on 1 May 2026 (SI 2026/421). Many people search for it as the "Renters' Rights Act 2026" because that is when it started to bite. It is the same Act.

For a landlord with a tenant in arrears, the changes that matter are:

• Section 21 is gone. No new section 21 notices can be served after 1 May 2026, so possession of a private tenancy is by section 8 on a ground.
• Assured shorthold tenancies became assured periodic tenancies. Existing ASTs converted by statute. No new agreement is needed.
• Ground 8 is harder to reach. The mandatory rent arrears ground now needs at least 3 months' rent unpaid on a monthly tenancy (it was 2 months) or 13 weeks' on a weekly or fortnightly one (it was 8 weeks).
• Longer notice. Grounds 8, 10 and 11 now need 4 weeks' notice (it was 2 weeks).
• New form. Section 8 notices for private tenancies are now served on Form 3A (SI 2026/354). The old Form 3 is not the right form for a private landlord serving a new notice.
• Universal Credit delays. Arrears that exist only because of a delay in Universal Credit housing payments do not count towards Ground 8.
• More grounds. Schedule 2 to the Housing Act 1988 now has 26 mandatory and 11 discretionary grounds, but for rent the three that matter are still Grounds 8, 10 and 11.

Notices served before 1 May 2026:

A section 8 notice served before 1 May 2026 under the old rules can still be relied on only if proceedings are issued by the earlier of 12 months from service or 31 July 2026. A pre-May section 21 notice had to be used by the earliest of 31 July 2026, 6 months from service, or its expiry. Both deadlines have now passed, so a landlord who did not issue in time must start again with Form 3A.

Sources:

• Renters' Rights Act 2025: legislation.gov.uk/ukpga/2025/26
• Commencement regulations (SI 2026/421): legislation.gov.uk/uksi/2026/421/contents/made
• Prescribed forms (SI 2026/354): legislation.gov.uk/uksi/2026/354/body/made
• Ground 8 as amended: legislation.gov.uk/ukpga/1988/50/schedule/2
• GOV.UK, assured tenancy forms from 1 May 2026: gov.uk/guidance/assured-tenancy-forms-for-privately-rented-properties-from-1-may-2026
• GOV.UK, notices served before 1 May 2026: gov.uk/guidance/giving-notice-of-possession-to-tenants-before-1-may-2026

Ground 8 (mandatory):

If the landlord proves the arrears threshold was met both when the notice was served and on the day of the hearing, the court must make a possession order. Thresholds after 1 May 2026:

• Weekly or fortnightly rent: at least 13 weeks' rent unpaid
• Monthly rent: at least 3 months' rent unpaid
• Quarterly rent: at least one quarter's rent more than 3 months in arrears
• Yearly rent: at least 3 months' rent more than 3 months in arrears

This is the "Ground 8 three months" rule people search for. It is three months' rent owed, not three months since the first missed payment.

Ground 10 (discretionary):

Some rent is lawfully due and unpaid when the notice is served and when proceedings begin. The court decides whether possession is reasonable.

Ground 11 (discretionary):

The tenant has persistently delayed paying rent, even if nothing is owed on the day.

Why landlords usually name all three:

A tenant can pay down the arrears before the hearing. If the balance drops below the Ground 8 threshold, Ground 8 fails, but Grounds 10 and 11 can still succeed if they were in the notice. A ground that is not in the notice is generally not available at the hearing. All three need 4 weeks' notice.

1. Get the arrears figure right.

Build the arrears schedule described below. Confirm the tenancy is a private assured tenancy (not social housing, which still uses Form 3 until its own reforms commence) and check you have dealt with the deposit and the documents you were required to give the tenant. Problems there can undermine a notice or a claim, so get advice if anything is missing.

2. Serve the notice on Form 3A.

• Use the current prescribed form from GOV.UK, not an old template.
• Name each ground (8, 10 and 11 for arrears) and set out the particulars: the rent, the arrears and how they are made up. Attaching the schedule is the clearest way.
• Give at least 4 weeks before the earliest date proceedings can begin.
• Serve it on every tenant named on the tenancy, by a method the tenancy agreement allows, and keep proof of service.

3. Issue the possession claim with the arrears.

After the date in the notice, issue a claim for possession in the county court (on paper or through Possession Claim Online). A possession claim can include a claim for the rent arrears, so the judge can make a possession order and an order to pay in one go. Do not also bring a separate small claim for the same rent. If the tenant has already left and you only want the money, a money claim is the route instead: see the unpaid rent claim page.

4. The hearing.

The court sends a hearing date. Take the notice, proof of service, the tenancy agreement and an arrears schedule brought up to date. For Ground 8, the threshold must be met on the hearing day as well as on the day the notice was served. On Grounds 10 and 11 the judge also considers whether possession is reasonable and can adjourn, suspend or postpone the order on terms.

5. The possession order.

The order gives a date by which the tenant must leave, usually 14 days. The court can extend it in cases of exceptional hardship, up to six weeks. The order to pay the arrears is a money judgment against the tenant.

6. County court bailiffs.

If the tenant stays past the date in the order, apply for a warrant of possession. The bailiffs will give notice of the eviction appointment. A landlord must not change the locks or remove the tenant themselves: only bailiffs acting under a warrant can carry out the eviction.

7. Enforce the money judgment.

Getting the property back does not get the arrears paid. If the former tenant does not pay, the judgment can be enforced. Court fees from the current EX50 fee list:

• Warrant of control (county court enforcement agents seize goods): £96
• Attachment of earnings order (deductions from wages): £139
• Third party debt order (freezing a bank account): £139
• Charging order (securing the debt on property they own): £139
• Order to obtain information (questioning about their finances): £69

The enforcement options guide explains how to choose between them.

CourtPilot's founder used it on a family rent arrears case: rent stopped in January 2026, possession and an order to pay the arrears in June, a second hearing won in September, county court bailiffs carried out the eviction in October, and enforcing the money judgment is next.

One case is not a guide to how long yours will take. Court listing times vary by court and by whether the tenant defends.

• Using the old notice. A private landlord serving a new section 8 notice after 1 May 2026 needs Form 3A. A Form 3 or a section 21 notice will not do.
• Old thresholds. Notices drafted on 2 months' arrears and 2 weeks' notice reflect the pre-May rules. Ground 8 now needs 3 months' (monthly) or 13 weeks' (weekly) rent and 4 weeks' notice.
• Counting the wrong thing. Counting months since the first missed payment, or adding fees, damage or utilities to "rent".
• Ignoring Universal Credit delays. Arrears that exist only because a Universal Credit housing payment is late do not count for Ground 8.
• Relying on Ground 8 alone. If the tenant pays below the threshold before the hearing, Ground 8 fails. Without Grounds 10 and 11 in the notice there may be nothing left to argue.
• Getting the date wrong. Issuing proceedings before the earliest date given in the notice.
• Serving on one tenant only. Every joint tenant should be served.
• Thin particulars. "Rent arrears" with no figures. Set out the rent, the arrears and the period.
• Claiming the same rent twice. Including the arrears in the possession claim and also bringing a separate money claim for them.
• Self-help eviction. Changing the locks or removing belongings without a bailiff's warrant is unlawful eviction.

The arrears schedule is the document the whole case turns on. It proves the Ground 8 threshold, supports the particulars in the notice and is the figure the judge orders the tenant to pay.

One row per rent due date, with:

• The due date
• The rent due on that date
• The amount paid, with the date it was received
• The running balance owed after that row

Good practice:

• Start from a date when the account was clear, or from the start of the tenancy.
• Use the rent in the tenancy agreement, or the rent as lawfully increased.
• Show partial payments and Universal Credit or housing payments as separate entries with their dates, so a judge can see whether any arrears are only down to a payment delay.
• Keep rent separate from any other sums claimed.
• Update it to the day of the hearing and bring copies for the judge and the tenant.
• Keep the bank statements that back up each payment entry.

Example layout (illustrative figures):

• 1 Jan: rent due 1,000, paid 0, balance 1,000
• 1 Feb: rent due 1,000, paid 400 on 14 Feb, balance 1,600
• 1 Mar: rent due 1,000, paid 0, balance 2,600
• 1 Apr: rent due 1,000, paid 0, balance 3,600

On a monthly rent of 1,000 the Ground 8 threshold is 3,000, so this example passes it on 1 April but not on 1 March.

CourtPilot is a self-help tool, not a law firm, and it does not give legal advice. It helps you organise the evidence, build the arrears schedule, check notice dates and draft documents that you check, sign and file yourself. If the tenant disputes the arrears, raises disrepair or you are unsure which ground applies, take advice from a solicitor or a landlord association.