Section 8 notice: what it means and what to check

Do I have to leave when the notice expires?

No. The date on the notice is the date from which your landlord may start court proceedings, not a date you must be out by. If you stay, the landlord has to apply to the county court, prove the ground and obtain a possession order. If you still stay, only a court-appointed bailiff can carry out the eviction, and you are usually given at least 14 days’ notice of the eviction date.

Staying is not free of risk: the rent keeps accruing and court costs can be added to what you owe. It buys time to get advice, not a way to ignore the notice.

What must the notice contain?

For notices served on or after 1 May 2026 the landlord should use Form 3A. It must state the ground or grounds for possession being relied on, explain why the landlord says each one applies, and give the notice period that ground requires. A notice that names no ground, or gives the wrong notice period, may not be valid.

• Your name and the property address, stated correctly.
• The ground or grounds, written out in the wording the law uses.
• The landlord’s explanation of why each ground applies to you.
• The date after which possession proceedings may begin.

How much notice must I be given?

It depends entirely on the ground. Four months is the period for the grounds about the landlord’s own plans for the property, four weeks for serious rent arrears, and two weeks for breaches of the agreement. For antisocial behaviour the landlord does not have to give a notice period at all.

Landlord or close family moving in (ground 1)

4 months’ notice. Cannot be used in the first 12 months of the tenancy.

Landlord selling the property (ground 1A)

4 months’ notice. Cannot be used in the first 12 months of the tenancy.

Mortgage lender repossessing (ground 2)

4 months’ notice.

Demolition or redevelopment (ground 6)

4 months’ notice.

Serious rent arrears (ground 8)

4 weeks’ notice. Mandatory, and it needs at least three months’ rent unpaid on a monthly tenancy, or 13 weeks on a weekly or fortnightly one.

Breach of the tenancy agreement (ground 12)

2 weeks’ notice. Discretionary, so the court also decides whether eviction is reasonable.

Damage to the property (ground 13)

2 weeks’ notice. Discretionary.

Antisocial behaviour (ground 14)

No notice period: proceedings can begin straight away. Discretionary.

A mandatory ground means the court must order possession if the landlord proves it and has followed the rules. A discretionary ground means the court must also be satisfied that eviction is reasonable, which is where your side of it matters.

Can I be evicted so the landlord can sell or move in?

Yes, but not in the first 12 months of the tenancy. GOV.UK is explicit that in the first 12 months your landlord cannot start the process to take back possession because they intend to sell the property, or because they or a close family member intends to move in. After that, either ground needs four months’ notice.

How long does the notice last?

A section 8 notice does not last indefinitely. If your landlord does not start possession proceedings within 12 months of serving it, the notice expires and cannot be used to begin a claim. They would have to serve a fresh one.

What should I check on the notice?

Check the form, your details, the ground, the explanation and the notice period, and check that your landlord has met the obligations that go with the ground they are using, including protecting your deposit and giving you the required information about it.

• The notice is on Form 3A.
• Your name and the property address are right.
• A recognised ground is named, not just a reason in the landlord’s own words.
• The explanation given actually supports that ground.
• The notice period matches the ground being used.
• It is not a sale or moving-in ground inside the first 12 months.
• Your deposit was protected and the prescribed information given to you.

Not sure about the deposit? Check whether your deposit is protected — a failure there can matter in possession proceedings.

Should I stop paying rent?

No. Your tenancy continues until it lawfully ends, and so does the rent. Stopping payment can create arrears that give your landlord a stronger ground than the one they started with, including the mandatory arrears ground. Keep paying, and keep the records.

Where can I get help?

Free legal advice is available as soon as you are given written notice of an intention to evict, through the Housing Loss Prevention Advice Service. Shelter and Citizens Advice can explain your options, and your council has a duty to help if you may become homeless. Get advice early rather than waiting for court papers.

• Housing Loss Prevention Advice Service — free legal advice and representation from the moment you get written notice.
• Shelter’s eviction advice — what each stage means and what to do next.
• Citizens Advice housing — help with arrears, benefits and talking to a landlord.
• Homelessness help from the council — contact them before you lose the home, not after.