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Section 8 eviction notices

Guide for private tenants with a section 8 notice.

We have different advice for housing association tenants.

Check the section 8 notice is valid

A section 8 notice is only valid if it:

  • is on the right form

  • has the right information on it

  • gives the right amount of notice

How much notice you get depends on why your landlord wants you to leave.

Is the section 8 notice on the right form?

Your notice must be on form 3A or have all the information on this form.

The top of form 3A looks like this:

Form 3A

Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy in the private rented sector

Housing Act 1988 section 8, as amended

This notice tells you that your landlord would like you to leave their property.

For use in the private rented sector in England only. For tenancies in the social rented sector, Form 3 should be used.

See: Tenancy form 3A on GOV.UK

Section 8 notices before 1 May 2026 had to be on tenancy form 3.

Check if your landlord can still use the notice

Your landlord has to ask the court for an eviction order.

They can do this from the date in paragraph 5 of the notice.

But they might not do this right away.

They have a year from when they give you the notice to apply for an eviction order.

After this, the section 8 notice is not valid and your landlord cannot use it.

If you got your notice before 1 May 2026

Your landlord must apply to court by 31 July 2026.

After this, your landlord is too late to start court action.

This means the notice is not valid and your landlord cannot use it to evict you.

More on notices from before the Renters Rights Act.

Your landlord needs a reason to evict you

The reasons you could be evicted are called possession grounds.

The grounds have numbers.

Your landlord needs to:

  • list any grounds on the section 8 notice

  • explain why they are using these grounds

More about:

Example: Not a legal notice

Sam's landlord sends him a letter. It says Sam has to leave because he owes rent. 

This is not a valid notice.

The letter does not say how much rent Sam owes. It does not mention any possession grounds or a date when court action can start.

Sam does not have to leave. The landlord needs to give him a legal notice before they can take any more steps to evict him.

Check your tenancy deposit is protected

In some cases, the court cannot order eviction if your landlord has not:

  • protected your deposit

  • given you certain information about your deposit

Check if your deposit is protected.

The court can still order eviction in any of these situations:

  • you got your section 8 notice before 1 May 2026

  • you're being evicted for antisocial behaviour

  • your landlord protects your deposit by the time of the hearing

  • your landlord gives your deposit back by the time of the hearing

More on section 8 court hearings.

Get free legal advice

Look for help as soon as you get a notice.

Find a legal adviser on GOV.UK.

Tick 'housing loss prevention advice service' on the search tool.

You could get more legal help if you get benefits or have a low income.

Last updated: 1 May 2026

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