Key takeaways
- With Section 21 gone in England, Section 8 is how landlords end an assured tenancy. You need a legal ground.
- Mandatory grounds mean the court must grant possession if you prove them. Discretionary grounds leave it to the judge.
- Use the current prescribed form, the right notice period, and keep proof of how you served it.
- If the tenant doesn't leave, only a court and bailiffs can remove them.
- The exact notice period depends on the ground you use, your evidence and whether transitional rules apply to a notice served before 1 May 2026.
Common grounds at a glance
| Type | Notice | |
|---|---|---|
| Ground 1: you or family moving in | Mandatory | 4 months (not in first 12 months) |
| Ground 1A: selling the property | Mandatory | 4 months (not in first 12 months) |
| Ground 8: 3+ months' arrears | Mandatory | 4 weeks |
| Ground 10/11: some or persistent arrears | Discretionary | 4 weeks |
| Ground 12: breach of tenancy | Discretionary | 2 weeks |
| Ground 14: anti-social behaviour | Discretionary | Can start immediately |
Mandatory vs discretionary
Mandatory
If you prove the ground, the court must make a possession order.
Discretionary
The judge decides whether it's reasonable. They may suspend the order on conditions.
Your evidence
Either way, the case rests on clear records and correct paperwork.
The process
- 1
Check the ground fits
Read the exact wording. Each ground has its own conditions.
- 2
Check you're allowed to serve
Deposit protected, prescribed information served, and any licence in place.
- 3
Use the current Form 3
Download the latest version from GOV.UK. Old versions can make the notice invalid.
- 4
Serve it properly
Follow the tenancy's service clause. Keep a certificate of service or photo evidence.
- 5
Apply to court
If the tenant hasn't left when the notice ends, apply for a possession order. Don't wait too long, as notices expire.
- 6
Enforcement
If they still don't leave, apply for a warrant so county court bailiffs can act.
Have your records ready before you need them. Simple Landlord keeps rent statements, tenancy dates and documents in one place, so a Section 8 case starts with the evidence already organised.
Get early accessEvidence for an arrears case
- 1
Rent statement
Dates due, amounts paid, running balance.
- 2
Tenancy agreement
Showing the rent and when it's due.
- 3
Communication log
Letters, messages and any payment plan.
- 4
Service evidence
How and when the notice was served.
FAQs
Can I still use Section 21?+
Not in England for new notices since 1 May 2026. Section 8 is now the route.
How long does the whole process take?+
It varies by court, but several months from notice to possession is common, longer if bailiffs are needed.
Can I serve Section 8 by email?+
Only if the tenancy agreement allows service by email. Otherwise use post or hand delivery.
Can I rely on more than one ground?+
Yes, and it's common to list Grounds 8, 10 and 11 together for arrears.
What if the tenant pays off the arrears before the hearing?+
If arrears fall below the Ground 8 threshold, the mandatory ground no longer applies, though the court may still consider discretionary grounds.
Written and reviewed by the Simple Landlord Editorial Team
Last reviewed 22 October 2026. This guide is general information, not legal or tax advice.
Sources
Have your records ready before you need them
Simple Landlord keeps rent statements, tenancy dates and documents in one place, so a Section 8 case starts with the evidence already organised.
