MAKE YOUR FREE Section 8 Notice
What we'll cover
What is a Section 8 notice?
A Section 8 Notice is used to start the process of legally ending an assured shorthold tenancy (AST) to seek possession of a property. Section 8 Notices must rely on one of the grounds set under section 8 of the Housing Act 1988, which include rent arrears, irregular rent payments, and damage to a property.
For use in England only.
When should I use a Section 8 Notice?
Use this Section 8 Notice:
-
to evict a tenant because they have not paid their rent and remain at your property, or because they have damaged the property
-
for property let on an assured shorthold tenancy (AST)
-
for property located in England only
Sample Section 8 Notice
The terms in your document will update based on the information you provide
This document has been customised over 83.5K times
Documents and communicates
Complies with relevant laws
Ask a lawyer questions about your document
Download and sign your document
SECTION 8 NOTICE
FORM NO. 3
NOTICE OF INTENTION TO BEGIN PROCEEDINGS FOR POSSESSION OF A PROPERTY IN ENGLAND LET ON AN ASSURED TENANCY OR AN ASSURED AGRICULTURAL OCCUPANCY
Housing Act 1988 section 8 as amended by section 151 of the Housing Act 1996, section 97 of the Anti-social Behaviour, Crime and Policing Act 2014, and section 41 of the Immigration Act 2016.
- This form should be used where possession of accommodation let under an assured tenancy, an assured agricultural occupancy or an assured shorthold tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.
- Do not use this form if possession is sought on the "shorthold" ground under section 21 of the Housing Act 1988 from an assured shorthold tenant where the fixed term has come to an end or, for assured shorthold tenancies with no fixed term which started on or after 28th February 1997, after six months has elapsed. Form 6A 'Notice seeking possession of a property let on an Assured Shorthold Tenancy' is prescribed for these cases.
- Do not use this form if you wish to obtain possession on grounds of rent arrears against a tenant who is a debtor and whose arrears are subject to a “breathing space”, unless a court has granted you permission to do so. The Debt Respite Scheme (Breathing Space) gives someone in problem debt the right to legal protections from their creditors. If rent arrears are included, enforcement action cannot generally be taken in respect of those arrears during the breathing space. If rent arrears owed to you are part of a breathing space, the Insolvency Service will notify you. Once you receive a notification:
- You must not contact the tenant directly about the rent arrears – the tenant will have a debt advice provider, named in the notification, who will be the point of contact.
- You must not serve a notice on the tenant which relies on or includes any of the rent arrears grounds – grounds 8, 10 or 11.
- If you have already served a notice on rent arrears grounds, you must not commence a claim for possession.
- If you have already served a notice on rent arrears grounds, and the tenant has then left the property, you must not enter into possession.
- The breathing space will usually last for 60 days. You will receive notification from the Insolvency Service once the breathing space has ended.
- Guidance on breathing space is available on the GOV.UK website at https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance.
- TO:
Name(s) of tenant(s)/licensee(s)
- Your landlord/licensor intends to apply to the court for an order requiring you to give up possession of:
, - Your landlord/licensor intends to seek possession on ground(s)
- Give a full explanation of why
Notes on the Grounds of Possession
- If the court is satisfied that any of the grounds 1 to 8 is established, it must make an order (but see below in relation to fixed term tenancies and breathing space).
- Before the court grants an order on any of grounds 9 to 17, it must be satisfied that it is reasonable to require you to leave. This means that, if one of these grounds is set out in section 3, you will be able to suggest to the court that it is not reasonable that you should have to leave, even if you accept that the ground applies.
- The court will not make an order under grounds 1, 3 to 6, 9 or 16 to take effect during the fixed term of the tenancy (if there is one) and it will only make an order during the fixed term on grounds 2, 7, 7A, 8, 10 to 15 or 17 if the terms of the tenancy make a provision for it to be brought to an end on any of these grounds. It may make an order for possession on ground 7B during a fixed-term of the tenancy even if the terms of the tenancy do not make provision for it to be brought to an end on this ground.
- Where the Court makes an Order for possession solely on grounds 6 or 9 the landlord must pay your reasonable removal expenses.
- Where the landlord is notified that a breathing space has started, the landlord must not take any enforcement action against you (including serving a notice of possession or making a claim for possession in the county court) on any of grounds 8, 10 or 11 unless the court has given permission for them to do so.
- The court proceedings will not begin until after:
Give the earliest date on which proceedings can be brought
Notes on the Earliest Date on Which Court Proceedings Can Be Brought- Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16 (without ground 7A or 14), court proceedings cannot begin earlier than 2 months from the date this notice is served on you and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice. This applies even if one of the grounds 3, 4, 7B, 8, 10 to 13, 14ZA, 14A, 15 or 17 is also specified.
Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 14ZA, 15 or 17, court proceedings cannot begin earlier than 2 weeks from the date this notice is served (unless one of 1, 2, 5 to 7, 9 or 16 grounds is also specified in which case they cannot begin earlier than 2 months from the date this notice is served).
Where the landlord is seeking possession on grounds 8, 10 or 11 (with or without other grounds) and has been notified after this notice has been served that a breathing space has started, court proceedings cannot begin while enforcement action against you has been paused in line with the rules of the respite scheme. You should contact your debt advice provider for advice on the earliest date the court proceedings can be brought.
Where the landlord is seeking possession on ground 7A (with or without other grounds), court proceedings cannot begin earlier than 1 month from the date this notice is served on you and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice. A notice seeking possession on ground 7A must be served on you within specified time periods which vary depending on which condition is relied upon:
Where the landlord proposes to rely on condition 1, 3 or 5: within 12 months of the conviction (or if the conviction is appealed: within 12 months of the conclusion of the appeal);
Where the landlord proposes to rely on condition 2: within 12 months of the court’s finding that the injunction has been breached (or if the finding is appealed: within 12 months of the conclusion of the appeal);
Where the landlord proposes to rely on condition 4: within 3 months of the closure order (or if the order is appealed: within 3 months of the conclusion of the appeal).
Where the landlord is seeking possession on ground 14 (with or without other grounds other than ground 7A), court proceedings cannot begin before the date this notice is served.
Where the landlord is seeking possession on ground 14A, court proceedings cannot begin unless the landlord has served, or has taken all reasonable steps to serve, a copy of this notice on the partner who has left the property.
- If your landlord/licensor does not apply to the court within a given timeframe this notice will lapse. The latest date for court proceedings to begin is 12 months from the date of service of this notice, subject to any extension in accordance with the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020.
- Name and address of landlord/licensor or landlord’s agent:
To be signed and dated by the landlord or licensor or the landlord's or licensor's agent (someone acting for the landlord or licensor). If there are joint landlords each landlord or the agent must sign unless one signs on behalf of the rest with their agreement.
What to Do if This Notice Is Served Upon You
- This notice is the first step in requiring you to give up your possession of your home. You should read it very carefully.
- Your landlord cannot make you leave your home without an order for possession issued by a court. By issuing this notice your landlord is informing you that they intend to seek such an order. If you are willing to give up possession without a court order, you should tell the person who signed this notice as soon as possible and say when you are prepared to leave.
- Whichever grounds are set out in section 3 of this form, the court may allow any of the other grounds to be added at a later date. If this is done, you will be told about it so you can discuss the additional grounds at the court hearing as well as the grounds set out in section 3.
- If you need advice about this notice, and what you should do about it, take it immediately to a citizens' advice bureau, a housing advice centre, a law centre or a solicitor.
- If you believe that you are at risk of homelessness as a result of receiving this notice, you should contact your local authority for support.
- Free independent advice is also available from Shelterline on 0808 800 4444 or via the Shelter website at: https://www.shelter.org.uk/.
- If you have been served this notice and are a debtor in a breathing space, you should inform your debt advisor. If the notice is on grounds of rent arrears (grounds 8, 10 or 11), your landlord may not be entitled to rely upon it, and your debt advice provider will be able to take any appropriate action. You must inform your debt advice provider even if the notice is not due to rent arrears, as it involves a material change in your circumstances.
- If you require advice on problem debt including rent arrears, you can contact a professional debt advice provider. The Money Advice Service provides guidance on finding a debt advisor on its website
www.gov.uk Ⓒ Crown Copyright Published by Rocket Lawyer 2015 under the Open Government Licence
About Section 8 Notices
Learn more about making your Section 8 Notice
-
How to make a Section 8 Notice
Making your Section 8 Notice online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information required for your notice prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The tenants
-
What are the names of all of the tenants (ie all tenants listed on the relevant Tenancy agreement)?
The property
-
What is the address of the property?
The eviction
-
Why does the landlord want to evict the tenant (ie which section 8 ground do they want to use, out of grounds 10, 11, and 13)?
-
If you select ground 10, you’ll also be asked:
-
How regularly the tenant must pay rent (eg weekly or quarterly), and
-
Based on this, whether the rent has been unpaid for a certain period of time (eg 8 weeks if rent is payable weekly). This will determine whether ground 8 can also be used.
-
-
Why are each of your selected grounds being used?
-
What’s the expiration date of the Notice (ie after what date can the landlord begin court proceedings)?
-
-
Common terms in a Section 8 Notice
Section 8 Notices begin a formal eviction process. To do so, this Section 8 Notice template includes sections covering:
Headings
The headings, including ‘Form 3’ and ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’, identify exactly what type of notice this is. The headings help ensure that the notice complies with the legal requirements for a Section 8 Notice.
The line beginning ‘Housing Act 1988 section 8…’ identifies the exact legislative provision that allows (and requires) this notice to be served to the tenant.
Explanatory information
These bullet points explain when this Section 8 Notice should and should not be used. For instance, it explains that it shouldn’t be used when:
-
you want to seek possession by ‘no fault’ eviction. In this case, a Section 21 notice should be used
-
the tenant is in a rent arrears that is subject to a ‘breathing space’ (ie a short-term debt relief scheme provided by the Government, which imposes a moratorium on others (eg a landlord) taking legal action to recover debts owed by the person in the breathing space (eg a tenant))
Key details
The first numbered bullet points set out the tenant’s details and the rental property’s address. This information is essential for creating a valid Section 8 Notice.
The grounds being relied on
Next, the Notice states which section 8 grounds are being relied on by the landlord and sets out what is required for those grounds to be used, using the text of the Housing Act 1988.
Explanations of why each selected ground is being used
The Notice then provides spaces in which explanations must be inserted for each ground being relied on, explaining why it’s being used. You should generally set out:
-
what the tenant should have done (eg pay rent weekly, or keep the property in good condition) with, if possible, the legal basis for the obligation (eg a certain clause of the tenant’s tenancy agreement), and
-
what the tenant has done that has breached this obligation in a way that makes the section 8 ground applicable (eg they haven’t paid rent for 8 weeks)
Explanations should include details of any steps the landlord has already taken to manage the situation (eg sending Rent demand letters or notices requiring the tenant to repair damage that they’ve caused).
These explanations are very important and must be accurately included for a Section 8 Notice to be valid.
Notes on the grounds for possession
This section is intended to communicate with the tenant who receives the Section 8 Notice. It explains when the court will or may grant an order for possession based on particular grounds, if the landlord starts court proceedings after the Notice’s expiration period. For more information on the workings of the various grounds, see the FAQ ‘What are the grounds on which a landlord can serve a Section 8 Notice?’.
The notice’s expiration date
The term beginning ‘The court proceedings will not begin until after…’ sets out the Section 8 Notice’s expiration (ie end) date. For more information, see the FAQ ‘How much notice do tenants need to be given?’.
Notes on the earliest date on which court proceedings can be brought
This section sets out the notice periods relevant to all section 8 grounds, to comply with the law on Section 8 Notices. The only notice period relevant to this Section 8 Notice template is the 2-week notice period that applies to grounds 8, 10, 11 and 13.
This section also reiterates that court proceedings cannot be started during a breathing space.
‘If your landlord/licensor does not apply to the court within…’
This term explains the limitation imposed on landlords regarding their starting court proceedings relevant to this Section 8 Notice. Proceedings must be started within 12 months, or within an extended timeframe if provided for in relation to a breathing space.
‘Name and address of landlord/licensor or landlord’s agent’
This term sets out who can sign the Section 8 Notice (ie either a landlord, joint landlords, or an agent).
Signatures and addresses
The relevant signatures, names, and addresses are inserted here (eg of the landlord, signatory, and/or agent).
‘What to do if this notice is served upon you’
This section provides advice for tenants who receive a Section 8 Notice. For example, it explains:
-
their right not to be illegally evicted (eg without a possession order)
-
a recommendation that they seek legal or other advice (eg from charities like Shelter)
-
that if they’re in a breathing space, they should inform their debt advisor about this notice
If you want your Section 8 Notice to include further or more detailed information, you can edit your document. However, Section 8 Notices must include certain prescribed information and follow certain rules. So, if you edit your Notice, it’s a good idea to have a lawyer review the document for you (or make the changes for you) to make sure that your modified Section 8 Notice complies with all relevant laws. Use Rocket Lawyer’s Ask a lawyer service for assistance. If you require assistance evicting your tenant, consider using our Tenant eviction service.
-
-
Legal tips for landlords
Make sure you fill out every aspect of your Section 8 Notice properly.
Section 8 Notices must comply with various form and content requirements in order to be valid. This Section 8 Notice template complies with these requirements, as long as it is filled out properly. For example, make sure that you:
-
properly explain why you’re relying on the grounds that you’re relying on
-
include all joint tenants’ names, if your property is rented by joint tenants
-
provide long enough notice to comply with the law. When calculating this, make sure you take into account any postage times
Consider your tenant’s situation. Serving an eviction notice on somebody without warning or obvious reason can be stressful and upsetting for a tenant. To minimise this, it’s good practice to discuss the situation with your tenant before serving a notice. You may, for example, explain why you’re planning to evict them and let them know that a notice will be arriving. You could discuss alternative options with your tenant. For example, you could agree on a Rent repayment plan if the tenant is just starting to get behind on rent or you could help your tenant to make a plan for carrying out repairs.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you’re creating a valid eviction notice. You should consider asking for advice if:
-
you’re not sure which grounds to use to end a tenancy
-
you wish to rely on grounds other than 8, 10, 11 and 13
-
you need help explaining why a ground is being relied on
-
you need advice on or assistance with obtaining possession of your property
-
you want to evict a tenant located in Scotland (for tenants in Wales, a Serious rent arrears eviction notice may be appropriate)
If you are unsure how to evict a tenant or you’d like assistance throughout the tenant eviction process, consider using our Tenant eviction service.
-
Section 8 Notice FAQs
-
What is included in a Section 8 Notice?
This Section 8 Notice template covers:
-
the landlord’s and tenant’s details
-
the prescribed form of notice needed to serve a valid Section 8 Notice before any court proceedings can start
-
the section 8 ground(s) being relied on and explanations of why they’re being used
-
the expiration date for the Section 8 Notice
-
information about eviction notices and the eviction process for tenants
-
-
Do I need a Section 8 Notice?
It is illegal to evict a tenant without following the formal legal process. This generally starts with a landlord serving their tenant an eviction notice informing them of their intention to repossess the property.
You should use a Section 8 Notice to start the eviction process if you want to regain possession of a property because one of the section 8 grounds for possession applies. Unlike a ‘no fault’ eviction notice, it can often be used during the fixed-term and/or first 4 months of a tenancy. This Section 8 Notice template can be used when tenants are or have been in rent arrears or if they’ve damaged the property.
For more information, read Repossession property - section 8 notices.
-
When is a Section 8 Notice not appropriate to use?
Where a landlord is notified that a ‘breathing space’ has started, the landlord must not take any enforcement action against the tenant (including serving an eviction notice or making a claim for possession) on any of grounds 8, 10, or 11, unless the court has given permission for them to do so. For more information, read The Debt Respite Scheme (Breathing Space).
A Section 8 Notice also won’t be appropriate if you want to carry out a ‘no fault’ eviction - ie an eviction for which the landlord doesn’t need to give the tenant a reason for the eviction. For a no fault eviction in England, a Section 21 notice should be used instead.
-
What are the grounds on which a landlord can serve a Section 8 Notice?
There are 17 grounds that a landlord can use to seek possession using a Section 8 Notice. The court can only grant a possession order (ie a court order allowing them to repossess the property) if a landlord can prove that one of these grounds applies to their situation. A Section 8 Notice can state multiple grounds, if multiple grounds apply (eg grounds 8, 10, and 11 all deal with rent arrears but have slightly different requirements). This Section 8 Notice template can be used for four of the most commonly used grounds:
-
Ground 8 - a mandatory ground. This means that, if the landlord can prove in court that the ground applies, the court must grant an order for possession. The landlord doesn’t need to show the court that it would be reasonable in the circumstances for an order to be granted. For this ground to be made out, certain amounts of rent must be in arrears (ie unpaid) when the notice is served and at the time of hearing. The amount of rent arrears required is at least:
-
eight weeks’ of arrears, if rent is payable weekly or fortnightly
-
two months’ of arrears, if rent is payable monthly
-
three months’ of arrears, if rent is payable quarterly or annually
-
-
Ground 10 - applies if the rent is unpaid when the Section 8 Notice is served and it is still unpaid at the start of the possession proceedings
-
Ground 11 - applies if the tenant has regularly been late at paying the rent, whether or not the tenant is actually in arrears at the time of the court case
-
Ground 13 - applies when the tenant damages the property or any common areas that they have a right to use. This ground can also apply if somebody that the tenant allows to live with them (eg a family member, lodger, or sub-tenant) damages the property
Grounds 10, 11 and 13 are discretionary grounds. This means that, if a landlord goes to court seeking a possession order based on one of these grounds, the court will only grant the order if they consider that it is reasonable in the circumstances for them to do so.
Further, the court can only grant a possession order to take effect during the fixed term of a tenancy for claims based on grounds 8, 10, 11 or 13 if the tenancy agreement contains terms allowing this to occur. You should check your tenancy agreement for such provisions before serving a Section 8 Notice on these grounds. If you’re not sure how to recognise such terms in a tenancy agreement, Ask a lawyer for assistance.
In this document, you can choose any of the above grounds for the purposes of serving a Section 8 Notice. If you have doubts as to which ground is most suitable for your circumstances, or if you want to rely on another section 8 ground to evict a tenant, Ask a lawyer for help.
For more information, read Repossession property - section 8 notices.
-
-
What if there are multiple landlords or multiple tenants?
If there are multiple (ie joint) tenants, the notice must name and be served to all of the tenants who are listed on the Tenancy agreement. A Section 8 Notice addressed to only one joint tenant would be invalid. If there are joint landlords, the Notice can be served by one landlord or by all of them.
-
What happens after a Section 8 Notice is served?
Serving a tenant a Section 8 Notice does not itself end a tenancy. Correctly serving the Notice is an important first step in the eviction process but, after this, more must happen for a tenancy to end.
It is illegal for the landlord to try to evict the tenant without a court-issued possession order (eg by changing the locks or threatening the tenant). If a landlord does this, they may be subject to fines and/or imprisonment.
If a tenant receives a Section 8 Notice they should generally move out by the date specified in the Notice unless they intend to dispute the basis of the Notice. If they move out, this will end the tenancy.
However, if this doesn’t happen, to end the tenancy the landlord must:
-
obtain a possession order, and
-
enforce this order if necessary with a warrant of possession
A possession order can be sought through the courts. The process can be started by filing the relevant forms with the court. The landlord must wait until after the end of the notice period specified in the Section 8 Notice to start court proceedings. A landlord must start the legal proceedings within 12 months of the date of the Section 8 Notice.
If possession proceedings commence, the tenant may challenge the eviction if they believe the Section 8 Notice served wasn’t valid (eg it didn’t correctly name the tenant or didn’t explain the grounds on which it was being made). They can also challenge the proceedings with reasons why they shouldn’t leave the property. If the Section 8 Notice is based on a discretionary ground, the court will decide whether to grant a possession order based on what they consider reasonable in the circumstances. A possession order will usually give the tenant a specified amount of time to leave the property - often 14 days.
For more information on this process, read Repossession property - section 8 notices and Enforcement of possession orders.
The eviction process can be complex. For example, programmes like the Debt Respite Scheme (Breathing Space) are available to help individuals struggling to meet debts (eg their rent payments). Breathing space temporarily suspends evictions. You can Ask a lawyer for help navigating complex situations like this.
-
-
How much notice do tenants need to be given?
The notice period is the amount of time between the date the Section 8 Notice is received by the tenants and the expiration date of the notice (ie the date that they are asked to leave the property by). The landlord must wait until after the expiration date to start any court proceedings. The Notice must set out the expiration date (ie not just the period of notice being given), which must be far enough away to provide the minimum amount of notice required.
The notice period required for a Section 8 Notice differs depending on the ground being relied on. For grounds 8, 10, 11, and 13, at least 2 weeks’ notice is required before court proceedings can begin.
For grounds 8, 10, or 11 (with or without other grounds), where a landlord has been notified after a Section 8 Notice has been served that a breathing space has started, court proceedings cannot begin while enforcement action against the tenant has been paused in line with the rules of the breathing space scheme. You should contact the tenant’s debt advice provider for advice on the tenant’s breathing space and their rental arrears.
-
Can an agent serve the Notice on a landlord's behalf?
A Section 8 Notice notice can be served by an agent on behalf of a landlord. In this Section 8 Notice template, you can choose who will be serving the Notice.
Our quality guarantee
We guarantee our service is safe and secure, and that properly signed Rocket Lawyer documents are legally enforceable under UK laws.
Need help? No problem!
Ask a question for free or get affordable legal advice from our lawyer.
