Section 8 Notice After 1 May 2026: All 37 Grounds, the New Notice Periods, and Form 3A Explained

If you served a Section 8 notice in April 2026, the framework you used is now obsolete. The Renters' Rights Act 2025 rewrote Schedule 2 of the Housing Act 1988 and replaced the prescribed form. As of 1 May 2026, there are 37 grounds for possession, every notice period has been reviewed, and you serve on the new Form 3A.

This guide covers every ground, the new notice periods, the traps that catch most landlords, and what's different from the pre-RRA process.

How the new Section 8 works

The structural process is the same as before. You serve a notice on the tenant specifying which ground or grounds you're relying on. After the notice period expires, if the tenant hasn't left, you apply to the county court for a possession order.

What changed:

• The prescribed form is now Form 3A (replacing the old Form 3 / Section 8 notice).
• There are 37 grounds — 26 mandatory and 11 discretionary.
• Notice periods are longer for some of the most-used grounds.
• Several new grounds were added (1A, 5A, 6A) and some old ones renumbered or repealed.
• The Universal Credit exception now applies to Ground 8 calculations.

If you've served Section 8 before, the process feels familiar. The detail has shifted enough to invalidate most existing templates.

The mandatory grounds (26)

For mandatory grounds, the court has no discretion. If you prove the ground is met, you get possession.

Ground	Reason	Notice period	Key points
1	Landlord wants to move in	4 months	Cannot use in first 12 months. Advance notice required at start of tenancy. 12-month re-letting restriction afterwards.
1A	Landlord wants to sell	4 months	New ground. Cannot use in first 12 months. Re-letting instead of selling is a criminal offence (up to £40,000 penalty).
2	Mortgage possession	2 months	Mortgage must pre-date the tenancy.
2ZA	Superior landlord required possession	2 months	New numbering — same substance as before.
2ZB	Rent-to-buy ended	2 months	New ground.
2ZC	Supported accommodation no longer required	2 months	New ground.
2ZD	Stepping stone accommodation no longer required	2 months	New ground.
3	Holiday accommodation	—	Repealed. No longer available.
4A	Student accommodation	2 months	Purpose-built or managed student housing. Advance notice required.
4B	New student accommodation ground (term-aligned)	4 months	Tied to academic year cycle.
5	Minister of religion	2 months	Advance notice required.
5A	Agricultural worker	2 months	New ground. Property needed for an agricultural worker.
5B	Property needed for an employee	2 months	New ground.
5C	Renumbered Ground 16	2 months	Service-occupier ground, now in mandatory list.
5D	Specialist accommodation needed	2 months	New ground.
5E	Public-sector housing requirement	2 months	New ground.
5F	Domestic-abuse-related supported housing	2 months	New ground.
5G	Temporary accommodation	2 months	New ground.
5H	Custodial care leaver accommodation	2 months	New ground.
6	Redevelopment	4 months	Cannot use in first 12 months. Must intend to demolish or substantially redevelop.
6A	Local authority enforcement	2 months	New ground. Enforcement action requires vacant possession.
7	Death of tenant	2 months	Tenancy passed by succession. Proceedings must begin within 12 months of death.
7A	Serious criminal / antisocial behaviour	Immediate	Proceedings may begin immediately. Court cannot order possession within 14 days. Deposit protection failures do NOT block this ground.
7B	Right-to-rent breach	2 weeks	Tenant has lost their right to rent.
8	Serious rent arrears	4 weeks	Threshold raised to 3 months' arrears (was 2 months). At least 3 months owed at notice date AND at hearing date. UC housing element delays excluded from calculation.
16	Renumbered to Ground 5C	—	Old numbering removed.

A few of the new mandatory grounds (5B through 5H) are narrow — they apply to specific accommodation types (employee housing, specialist supported accommodation, domestic abuse refuges, temporary stepping-stone properties). Most private landlords will use Grounds 1, 1A, 2, 6, 7, 7A, or 8.

The discretionary grounds (11)

The court must be satisfied both that the ground is established and that it is reasonable to grant possession.

Ground	Reason	Notice period	Key points
9	Suitable alternative accommodation	2 months	You can provide the tenant with suitable alternative housing.
10	Some rent arrears	4 weeks	Rent overdue when notice served AND when proceedings began.
11	Persistent late payment	4 weeks	Pattern of late payment, even if not currently in arrears.
12	Breach of tenancy terms	2 weeks	Breach other than rent — damage, subletting, unauthorised use.
13	Property deterioration	2 weeks	Condition deteriorated due to tenant or visitor behaviour.
14	Nuisance or antisocial behaviour	Immediate	Deposit protection failures do NOT block this ground.
14ZA	Domestic abuse against tenant	2 weeks	Landlord seeks possession from remaining tenant after abuser has left.
14A	Domestic violence (registered providers only)	2 weeks	Limited to housing associations.
15	Furniture deterioration	2 weeks	Furniture provided in the let damaged by tenant.
17	False statement	2 weeks	Tenancy granted on the basis of a false statement by the tenant.
18	Refusal of suitable offer	2 weeks	Tenant refused a suitable alternative without good reason (registered providers only).

The headline changes

Section 21 is gone. Every reference to Section 21 in older tenancy agreements is meaningless. If you've been told you can "just serve Section 21" by a friend, accountant, or letting agent who hasn't caught up, they're wrong.

Ground 8 needs 3 months' arrears, not 2. This is the change that affects the most landlords. If your tenant is 8 weeks behind, you cannot use Ground 8 yet. You can use Ground 10 (discretionary) but the court will need to be persuaded eviction is reasonable. Wait until arrears reach 13 weeks (effectively 3 months) before relying on Ground 8.

Universal Credit exception for Ground 8. Arrears that are attributable to a delay or failure in Universal Credit housing element payment are excluded from the arrears calculation under Ground 8. If your tenant is on UC and the DWP has held up their payment, that portion of the arrears doesn't count toward the 3-month threshold. Practically: if you're considering Ground 8, ask the tenant whether their arrears relate to a UC issue, and document the response.

4 weeks for Grounds 8, 10, and 11. All three rent-related grounds moved from 2 weeks to 4 weeks. Plan accordingly.

Grounds 1, 1A, and 6 are locked for the first 12 months. You cannot serve any of these in the first 12 months of the tenancy. This blocks the "let it out then evict to sell" pattern.

The 12-month re-letting restriction on Grounds 1 and 1A. If you evict on Ground 1 (move in) or Ground 1A (sell) and then re-let the property within 12 months, that's a criminal offence with a civil penalty of up to £40,000. The intent of these grounds is policed.

Ground 7A allows immediate proceedings. No notice period. The court cannot order possession within 14 days, but you can start the process the day you discover the conviction. This applies to specific serious criminal offences and serious antisocial behaviour.

Deposit protection rules. For most grounds, you cannot begin possession proceedings unless the deposit is properly protected in an approved scheme AND the prescribed information has been served on the tenant. The only exceptions are Grounds 7A and 14 — antisocial behaviour grounds. For every other ground, your deposit handling has to be in order before you serve notice.

Form 3A — what's on it

The new prescribed form requires:

• Landlord name and address (for service).
• Tenant name and property address.
• Each ground being relied on, written in full.
• The notice period applicable (or, where multiple grounds are cited, the longest applicable period).
• The earliest date proceedings can begin.
• Details of the deposit scheme and the date prescribed information was served (or a declaration that this isn't required for the cited ground).
• Information about court fees and free legal advice.
• The landlord's signature and date.

You must serve Form 3A on every tenant named on the tenancy. If you have joint tenants, every tenant gets a copy. Failure to serve all tenants invalidates the notice as against the unserved tenants.

The traps

Wrong form. If you use a pre-1 May 2026 Section 8 form for a notice served from 1 May onwards, the notice is invalid. Use Form 3A.

Wrong notice period. Different grounds have different notice periods. If you cite multiple grounds, you must give the longest applicable period. Citing Grounds 8 and 14 means giving the 4-week period applicable to Ground 8, not the 2 weeks applicable to Ground 14.

Missing the deposit prerequisites. Serving Section 8 (other than for Grounds 7A or 14) without the deposit being correctly protected and prescribed information served is a notice that will be challenged and lost.

Counting Universal Credit arrears toward Ground 8. If 4 of the 13 weeks of arrears are because the DWP hasn't paid the housing element, your "3 months arrears" claim doesn't actually have 3 months. The notice fails. Always check before serving.

Using Ground 1 or 1A in bad faith. Stating you want to move in or sell, evicting, then re-letting within 12 months is now a criminal offence. The Trading Standards / Council enforcement teams do check.

Serving on only one of joint tenants. Every named tenant needs a copy. A notice served on one of two joint tenants is invalid as against the other.

Not keeping proof of service. Email with read receipt, recorded delivery, or hand-delivery with a signed receipt. A landlord's word that "I sent it" doesn't survive a possession hearing.

What if I served notice before 1 May?

A Section 8 notice validly served before 1 May 2026 remains valid under the old framework. The notice period and grounds in force at the time of service apply. You can proceed to court on that notice using the old Section 8 framework.

Anything served from 1 May 2026 onwards must comply with the new framework — Form 3A, new notice periods, new ground numbering.

If you're in the middle of a possession claim that straddles the 1 May date, take legal advice. The transitional provisions are detailed and getting them wrong can be expensive.

What if I'm not sure which ground applies?

You can cite multiple grounds on the same notice. Some landlords cite Ground 8 (mandatory) plus Ground 10 and Ground 11 (discretionary) on the same notice — if Ground 8 fails because the arrears dropped below 3 months at the hearing, Grounds 10 and 11 may still succeed.

Use the longest notice period that applies to any cited ground. Cite each ground in full on the form. Keep evidence for all of them.

The bottom line

Section 8 used to feel optional — Section 21 was the standard route and Section 8 was for the difficult cases. As of 1 May 2026, Section 8 is the only route. Every ground has been reviewed, several have been added, the form has changed, and the notice periods have shifted in favour of tenants.

Get the ground right, get the notice period right, get the form right, and have the deposit prerequisites in order before you serve. Get any of those wrong and you start again from scratch — with the tenant warned, the relationship soured, and rent continuing to mount up while you do.

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This article is for general guidance only and does not constitute legal advice. For specific legal situations, consult a qualified property solicitor.