How to Complete a Section 8 Notice: A Guide for Landlords (2025)

A Section 8 notice offers a direct route to possession when tenants breach their tenancy agreement. Unlike a Section 21 notice, the process requires specific proof of fault — but can mean a faster turnaround on possession if handled correctly. 

What is a Section 8 notice? 

A Section 8 notice is a legal document that lets landlords end assured and assured shorthold tenancies based on specific grounds of tenant fault. Unlike the "no-fault" Section 21 procedure, you must prove the tenant has breached their tenancy agreement or met certain grounds for eviction. 

The notice period — that is, the minimum amount of time you must provide a tenant before beginning the possession process — will vary depending on the grounds referenced. Some require just two weeks' notice, whilst others need up to two months.  

Once the notice period expires, you can apply to the court for possession if the tenant hasn't remedied the breach or vacated. 

When can you serve a Section 8 notice? 

You can serve a Section 8 notice at any time during the tenancy, including within the first four months. However, you must have valid grounds under Schedule 2 of the Housing Act 1988. 

The most common grounds  include: 

• Ground 8: Serious rent arrears (at least two months' rent outstanding) 

• Ground 10: Some rent arrears  

• Ground 11: Persistent delay in paying rent 

• Ground 12: Breach of tenancy agreement 

• Ground 14: Nuisance, annoyance, or criminal activity 

Some grounds are mandatory (the court must grant possession if proven), whilst others are discretionary (the court will consider whether possession is reasonable). 

How to serve a Section 8 notice 

The notice must be served correctly to be valid. You can serve it by: 

• Handing it directly to the tenant 

• Leaving it at the property addressed to the tenant 

• Sending it by first-class post to the tenant's last known address 

• Using any other method specified in the tenancy agreement 

Keep evidence of service, such as a certificate of posting or witness statement, as you'll need this for court proceedings. 

How to complete Form 3 

To serve notice, you’ll need to use Form 3 (Notice Seeking Possession of a Property Let on an Assured Tenancy or an Assured Shorthold Tenancy), available from the government website. 

Section 1: Property and Tenant Details 

Enter the complete property address, including postcode.  

List all tenants named on the tenancy agreement. Joint tenants must all be included, and spelling must be correct. 

Section 2: Landlord Information  

Provide your full name and address as it appears on the tenancy agreement.  

If you’re using a letting agent for the property, include their details alongside yours. Joint landlords must all be named. 

Section 3: Grounds for Possession 

This is the most important section. Tick the relevant ground(s) and provide a full, specific explanation as to why each ground applies.  

For rent arrears (Grounds 8, 10, or 11), include exact amounts owed and dates. For breach of agreement (Ground 12), specify which clause has been breached and how. 

Section 4: Notice Period 

State the earliest date you can apply to court for possession. This will depend on the relevant grounds: 

• Grounds 8, 10, 11: Two weeks from service 

• Ground 12: Two weeks (if rent arrears) or two months (other breaches)  

• Ground 14: Two weeks from service 

The notice cannot expire before the earliest date permitted for your grounds. 

Section 5: Signature and Date 

Sign and date the notice on the day you complete it, not when you serve it. 

Joint landlords should all sign. 

After serving the notice 

You’ll have to wait and see whether the tenant remedies the breach during the notice period. For some grounds, such as rent arrears, the tenant can defeat the claim by paying what's owed before the court hearing. 

If the tenant doesn't leave voluntarily after the notice expires, you'll need to apply to the court for possession. Ensure you have all supporting evidence ready, and if necessary, have the support of an appropriate property law professional such as a direct access barrister to advise and represent you in proceedings.