Section 8 Notices And Others Post-Renters’ Rights Act: How To Serve

When the Renters’ Rights Act 2025 came into force on 1 May 2026, it made some significant changes to the types of notices landlords can serve.

Some of the biggest changes involved amends to Section 8 and the abolition of Section 21 for serving tenants with eviction notices.

There were also some revisions to Section 13 related to how often landlords can increase the rent during a tenancy and by how much.

In this guide, I explain the changes and provide an overview of the different notice types available to landlords.

I’ll also outline how to serve these notices. Do you need a solicitor or can you serve them yourself?

Summary: Section 8 notices and others available to landlords

• Section 8 notice: Allows a landlord to seek possession of their property based on one or more statutory grounds, including the need to move into or sell the property

• There are nearly 40 different grounds for possession under Section 8 and landlords can fill in the relevant Form 3A themselves, or ask their letting agent or solicitor to do it

• Section 13 notice: Landlords can increase the rent once per year while adhering to market rates

• Other notices covered in this guide include the Section 11 access notice to inspect the property’s condition

• No longer available to landlords is Section 21 for ‘no-fault’ evictions from 1 May 2026

End of tenancy notices before 1 May 2026

As context, most private rentals in England had an assured shorthold tenancy (AST) before 1 May 2026 giving tenants the right to live in a property for a fixed term, for example, one year. After that period of time elapsed, the tenancy became a rolling or periodic one unless renewed.

Landlords could serve a Housing Act 1988, Section 21 notice using Form 6A at the end of an AST or during a periodic assured tenancy, giving two months’ written notice to evict the tenant. These were called ‘no-fault’ notices because they were not linked to any breach of the tenancy agreement.

The alternative was a Section 8 notice, using Form 3, which landlords could serve if there were grounds for repossession. Some of these were based on a breach of the tenancy agreement, for example, a landlord would potentially serve a Section 8 notice if the tenant was in serious rent arrears.

Changes to eviction notices since 1 May 2026

As of 1 May 2026, all ongoing fixed-term assured tenancies became periodic barring some exceptions. New private-sector tenancy agreements are now periodic too.

This allows tenants to remain in the property until they choose to end their tenancy by giving notice, unless the landlord has valid statutory grounds for possession.

It means that the Renters’ Rights Act 2025 has placed new restrictions on the type of ‘no-fault’ eviction notices landlords can give to tenants.

Can landlords still serve a Section 21 notice?

No, the government has abolished ‘no-fault’ Section 21 eviction notices, coinciding with the end to fixed-term assured tenancies.

However, that doesn’t mean landlords can only serve an end of tenancy notice due to a tenant’s ‘fault’ or tenancy agreement breach.

The remaining option for landlords is a Section 8 eviction notice, which has a fairly broad scope including a few limited ‘no-fault’ reasons.

What is a Section 8 notice?

The purpose of the Housing Act 1988, Section 8 notice is to let a landlord seek to reclaim possession of their property based on one or more statutory grounds.

Section 8 notice grounds: No-fault examples

Aside from the tenant breaching the agreement, legitimate grounds for serving an end of tenancy notice also include:

• Occupation by the landlord: The landlord or a close family member wants to live in the property themselves
• Selling the property: The landlord wants to sell the property without a tenant in situ

The landlord cannot use these grounds within the first 12 months of a new tenancy agreement.

How much notice does a landlord have to give with Section 8?

Both these reasons, a landlord wanting to live in or sell the property, require 4 months’ notice for the tenant. For other Section 8 grounds, the notice period varies.

Here’s the short version:

• 4 months’ notice: Non-fault or possession grounds, as per the examples above, e.g. the landlord moving into or selling the property

• 4 weeks’ notice: Serious rent arrears or persistent late payment of rent

• 2 weeks’ notice: Non-rent related breach of the tenancy agreement, damage to the property, using a false statement to obtain the tenancy, no right to rent

• No notice period: Anti-social or criminal behaviour

This is a more comprehensive list based on the government’s Grounds for possession: Guidance for landlords and letting agents last updated 1 May 2026:

4 months’ notice

• Landlord or family member moving in: Ground 1
• Landlord selling the property: Ground 1A
• Selling a rent-to-buy property: Ground 1B
• Mortgage repossession: Ground 2
• Superior lease ending: Grounds 2ZA–2ZD
• Student HMO needed for a new academic intake: Ground 4A
• Redevelopment or demolition: Ground 6
• Social landlord decanting a tenant: Ground 6A
• Regulatory or enforcement action affecting the property: Ground 6B

2 months’ notice

• Property needed for a minister of religion: Ground 5
• Property needed for an agricultural worker: Ground 5A
• Employment-related or key-worker accommodation (usually in social housing only): Grounds 5B–5D
• ‘Stepping-stone’ accommodation coming to an end (usually in social housing): Ground 5H
• Tenant has died and another person has inherited the tenancy in certain circumstances: Ground 7
• Suitable alternative accommodation is available: Ground 9

4 weeks’ notice

• Serious rent arrears: Ground 8. Usually at least three months’ rent arrears, or 13 weeks’ arrears if the tenant pays rent weekly or fortnightly
• Some rent arrears, below the Ground 8 threshold: Ground 10
• Persistent late payment of rent: Ground 11
• Supported accommodation needs to be recovered or the support arrangement has changed: Grounds 5E–5G and 18

2 weeks’ notice

• Student accommodation provided by a university or college: Ground 4
• Tenant has no right to rent: Ground 7B
• Non-rent related breach of the tenancy agreement: Ground 12
• Deterioration of the property: Ground 13
• Domestic abuse: Ground 14A, but this is for social landlords and applies only in specific circumstances
• Rioting-related conviction: Ground 14ZA
• Deterioration of landlord-provided furniture: Ground 15
• False statement used to obtain the tenancy: Ground 17

No notice period

• Serious antisocial or criminal behaviour: Ground 7A
• Antisocial behaviour, nuisance or serious offending connected with the property: Ground 14

Landlords can use more than one ground in the same Section 8 notice.

How to serve a Section 8 notice

Landlords are not required to use a solicitor to serve a Section 8 notice. However, they can choose to do so, or they can appoint a letting agent to serve the notice on their behalf.

It’s recommended to seek legal advice if the facts are in dispute or if the landlord expects the tenant to challenge them in court. 

Whereas it was Form 3 before the Renters’ Rights Act came into force, landlords now use Form 3A to serve notice.

Its full title is Form 3A: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy in the private rented sector.

Details in Form 3A include:

• Tenant name
• Property address
• Landlord contact details
• The relevant Section 8 notice grounds and facts
• The date by which the landlord is asking the tenant to leave
• The earliest date on which court proceedings may begin
• The landlord’s signature and the date

If the tenant does not leave, the landlord must apply to court for a possession order and if necessary, a warrant authorising bailiffs to enforce the possession order.

Some grounds are mandatory, so the court must usually make a possession order if the landlord proves the ground. Others are discretionary, meaning that the court must also decide whether the grounds for possession are reasonable.

If the written tenancy agreement allows it, the landlord can serve Form 3A by email. Otherwise, the government guidance is to hand it to each tenant in person, put it through the letterbox or send it by registered post to the property.

A landlord can complete Form N215 as a record of serving the form. Form N215 is a Certificate of service in civil cases.

Other evidence can include a certificate of posting, delivery confirmation, photographs and so on.

What is a Section 13 notice?

The abolition of Section 21 and amendments to Section 8 grabbed the headlines when the Renters’ Rights Act passed, closely followed by a few changes to Section 13.

Housing Act 1988, Section 13 is for proposing an increase in rent during an assured periodic tenancy. It is now via Form 4A rather than Form 4.

Before the Renters’ Rights Act came into force, landlords could try to increase the rent during a fixed-term tenancy if the contract had a ‘rent review’ clause in it, otherwise with the tenant’s agreement. 

It required 1 month’s notice. There was also no legal limit on how much a private landlord could increase the rent by, although tribunals could challenge it.

As of 1 May 2026, landlords can still only increase the rent once per year via a Section 13 notice but must now give 2 months’ notice instead using Form 4A.

Increases must be in line with ‘market rates’ or in other words, the average rental prices of similar properties in the local area.

The full Fine Living guide is here: How Much Can A Landlord Increase Rent By?

Other notices: Sections 3, 11, 20 and 48

It’s worth mentioning that there are several other notices that landlords can serve tenants related to ‘sections’, but some of these are merely contractual or administrative notices.

The ones I’ll cover here though are not sections from the Housing Act 1988 but different legislation, the Landlord and Tenant Act 1985:

• Section 3 change of landlord notice: Informing the tenant that the landlord has transferred their interest in the property
• Section 11 access notice: Giving a tenant written notice to inspect the property’s condition
• Section 20 consultation notice: In this case, the tenants are the leaseholders and the notice is to consult them before major works or long-term agreements

There is also a Section 48 address notice: Giving the tenant an address where they can serve notices on the landlord, from the later Landlord and Tenant Act 1987.

Final thoughts: Section 8 notices and others post-Renters’ Rights Act

The Renters’ Rights Act has made significant changes to the private rented sector, including the types of notices that landlords can serve to end tenancies or increase the rent.

To find out more about the legislation and how it affects you, read the full Fine Living guides on the Renters’ Rights Act and the preceding Renters’ Rights Bill.

For other detailed property guides, I also recommend in particular:

• How Much Does It Cost To Extend A Lease On A Flat In The UK?

• How To Rent Out Your House Or Flat

• Do I Need A HMO Licence For 3 Tenants?

• How Do I Find Out What Restrictive Covenants Are On My Property?

• What Is A Duplex Apartment? Duplex Vs Maisonette Differences

There are many blogs for landlords on Fine Living and you can also find out more about our lettings and management services. 

For any queries, please do not hesitate to get in touch.

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