New section 8 possession notice regime applies from 1 May 2026

Private landlords in England who serve a section 8 notice of possession on or after 1 May 2026 must use Form 3A, according to guidance published by the Ministry of Housing, Communities and Local Government on 7 April 2026¹. The guidance applies to tenants with an assured periodic tenancy renting from a private landlord in England who have received a notice to leave from that date¹.

The guidance states that a valid section 8 notice served before 1 May 2026 had to use Form 3, or a form containing the same information¹. A separate guide covers notices served before that date¹. Most tenancies in the private rented sector in England are assured periodic tenancies¹. The guidance does not cover people with licences, such as those in tied accommodation or property guardians, lodgers who live with their landlord, or tenants whose property is not their main or only home¹.

A landlord must give a reason, known as a ground for possession, and the correct notice period before applying to court for a possession order if the tenant does not leave¹. Grounds include rent arrears, damage to the property, nuisance to neighbours, breach of tenancy terms, the landlord needing to move back in, the landlord needing to sell, and mortgage repossession¹. Grounds are split into mandatory grounds 1 to 8, where the court must grant possession if the grounds are proven, and discretionary grounds 9 to 17, where the court can decide whether to grant possession even if the grounds are proven¹. A landlord cannot take back possession without a court order¹.

If a tenant does not leave by the end of the notice period, the landlord must apply to court for a possession order within 12 months, starting on the date the notice was served¹. That limit can be extended where the notice was given because of rent arrears and the landlord could not apply because the tenant was in breathing space for debt, and it is also extended if, beginning on the day the breathing space ends, fewer than 8 weeks remain until the time limit expires¹.

Deposit rules also apply. A landlord must protect a deposit in a government approved scheme within 30 days of receiving it and provide information including the amount paid, where it is held, how to resolve a dispute and how to get it back¹. If a landlord cannot show the court that the correct information was given or the deposit returned, they will not be able to get an order to evict, except where the tenant has already challenged the landlord in court over deposit rules and that case has concluded, or where the notice used antisocial behaviour grounds¹. It is unlawful to take a deposit in anything other than money¹.

In the first 12 months of a tenancy, a 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, though they can give notice of intent to use one of these grounds before the 12 months has passed¹.

Why it matters for households

For tenants in England renting privately on an assured periodic tenancy, the form a landlord uses on or after 1 May 2026 is part of whether the notice is valid¹. Anyone who received a section 8 or section 21 notice before that date falls under different guidance¹. Where a notice is served, the tenant has 14 days to return the form¹. Free legal advice is available through the Housing Loss Prevention Advice Service as soon as written notice of possession is received¹.

Costs can arise at court. A counterclaim carries a fee depending on the details of the case¹. Asking the court to tell the landlord about a request to change payments costs £313, or £123 by consent if the landlord already agrees¹. The same fees apply to an application to set aside a possession order¹. An appeal costs up to £171 unless the tenant qualifies for help, and there is normally up to 21 days to appeal¹. A judge may delay possession for up to 6 weeks if extreme hardship is proven¹. At least 14 days' notice of an eviction date is usually given, and an application to suspend a warrant or High Court writ using Form N244 costs £15¹.

What happens next

The Form 3A requirement applies to notices served from 1 May 2026¹. Tenants who received a section 8 or section 21 notice before that date are directed to separate guidance¹. The grounds for possession page sets out the full list of grounds and notice periods¹.