How to serve a Section 8 notice after Section 21 abolition

Section 8 is now the only route

With the abolition of Section 21 under the Renters' Rights Act, all possession must be sought under Section 8 of the Housing Act 1988, citing one or more statutory grounds.

The notice is served on Form 3. It must state every ground relied on and the particulars behind each.

Common grounds and notice periods

• Ground 8 (mandatory rent arrears - at least two months' arrears): 4 weeks' notice.
• Grounds 10 and 11 (some arrears / persistent late payment, discretionary): 4 weeks' notice.
• Ground 6A (landlord intends to sell): 4 months' notice, not usable in the first 12 months.
• Grounds 1 and 1A (landlord or family to move in): 4 months' notice.

Getting it right

A defective notice - wrong ground, wrong period, or served while a deposit is unprotected or a gas/EPC document is missing - will be struck out, costing months. Check every dependency before serving.