After 1 May 2026, Section 21 "no-fault" evictions are no longer available for new tenancies in England. If you need to end a tenancy, you must rely on Section 8 of the Housing Act 1988 — and you must specify one or more valid grounds.
What is a Section 8 notice?
A Section 8 notice (served on Form 3A) is a formal written notice that a landlord must give to a tenant before applying to court for possession. It must state the ground or grounds relied upon and comply with the notice period for each ground.
Mandatory vs discretionary grounds
Schedule 2 to the Housing Act 1988 lists the grounds for possession in two categories:
- Mandatory grounds: If the landlord proves the ground applies, the court must grant possession. Examples include significant rent arrears and certain landlord-intends-to-occupy situations.
- Discretionary grounds: Even if the landlord proves the ground applies, the court can refuse possession if it considers it unreasonable. Examples include persistent late payment of rent.
Why getting the ground right matters
Specifying the wrong ground, failing to meet prerequisites (such as deposit protection or prescribed information service), or calculating the wrong notice period can invalidate the notice entirely — requiring you to start again and wait out a further notice period before applying to court.
How Holdfast helps
Holdfast's Section 8 wizard asks you structured questions about your situation, identifies which grounds may apply, checks the relevant prerequisites, and computes the correct notice period and expiry date — reducing the risk of a procedural error invalidating your notice.
This article describes the structure of the grounds system for general information only. It does not constitute legal advice. Always consult a qualified solicitor before serving a possession notice.