With the Renters’ Rights Act set to come into effect on 1 May 2026, the laws on serving notice to tenants are going to change too. It’s essential to understand how the regulations regarding giving tenants notice will change so you can stay compliant with evolving U.K. letting legislation.
Until 1 May 2026, landlords are legally permitted to serve notice to tenants using a Section 21 (“no-fault eviction”) or a Section 8 notice with grounds for possession. The Renters’ Rights Act will abolish “no-fault” Section 21 evictions once it comes into effect, meaning landlords can only legally serve Section 8 notices to evict tenants.
Let’s take a closer look at how this will impact you as a landlord.
What is Section 8?
In the U.K., Section 8 is part of the Housing Act 1988. It allows a landlord to begin the process of evicting a tenant, provided the landlord has a valid reason (known as a “ground for possession”). It’s a formal legal notice that begins the eviction process.
What are the valid grounds for possession under Section 8?
There are several grounds for possession you may use if you want to evict your tenant. The most common are:
- Rental arrears. Your tenant has not paid rent for three months if you’re in a monthly agreement or for 13 weeks for weekly or fortnightly agreements.
- Antisocial behaviour. Your tenant is committing antisocial behaviour.
- Sale of property. You want to sell the property.
- Property use. You or your family members want to move back into the property.
It’s important to remember that you may not evict a tenant during the first 12 months of their tenancy if you want to move back into or sell the property.
What’s the process for giving notice to tenants?
To give notice to your tenant, there are certain mandatory steps to follow as a landlord:
- You will need to explain the grounds for eviction you’re using to your tenant.
- You will need to include evidence for why you are using these grounds.
- You will need to give notice to your tenant by giving them a completed form with the correct notice period.
The tenant does not have to leave during the notice period. If they do not leave by the end of the notice period, you have to apply to court to evict them.
What are the notice periods for grounds for repossession under Section 8?
To serve notice using Section 8, you will need to complete form 3 of the assured tenancy forms and provide the correct notice period. The notice period you need to issue will depend on the ground you’re using:
Ground 1 – Occupation by landlord or family
You’ll need to give four months’ notice before you can go to court to apply for a possession order.
Ground 1A – Sale of dwelling house
If you want to sell your property, you have to give four months’ notice to your tenant.
Ground 8 – Rent arrears
You will need to issue four weeks’ notice to a tenant before applying for a possession order at court. This notice can only be served once the tenant has failed to pay rent. On a monthly contract, it’s three months’ unpaid rent, and for weekly/fortnightly, it’s 13 weeks.
If your tenant owes you rent because they have not received their Universal Credit, you may not evict them.
Ground 11 – Persistent arrears
If a tenant does not owe three months’ rent but is repeatedly late with paying rent, you can evict your tenant on the grounds of persistent arrears. You’ll need to give four weeks’ notice before you can go to court to apply for a possession order.
Ground 14 – Antisocial behaviour
If a tenant, a person who lives with them, or a person visiting them, commits antisocial behaviour or a serious offence, you can use this ground to evict them.
You do not need to serve your tenant a notice period and can apply for a possession order immediately. But the court won’t be able to create a possession order for 14 days from the date you give notice.
For a full list of grounds for repossession with corresponding notice periods, refer to the grounds for repossession guide released by the U.K. government.
What happens after you give notice?
After you’ve formally served notice to your tenant, make sure you have evidence that can act as proof if you need to go to court. There are two ways to do this, you can either:
- Fill in the certification of service form (N125)
- Write “served by [your name]” “on [date served]” on the written notice.
If the tenant does not leave by the specified date of the notice period, you can use your filled-out N125 form or written notice when applying for a possession order in court.
Get flexible, hybrid letting solutions with Nestify
The upcoming changes to notice and eviction legislation currently only applies to long-term lets. By using a mixed letting strategy that contains mid-term and short-term letting, you can simplify your rental management operations while remaining compliant with U.K. housing laws.
Nestify’s hybrid letting solution ensures you remain flexible and in control of your property at all times. We simplify your property management and enhance your rental income. Contact us to discover more.