How do I serve a possession notice under the Renters' Rights Act?

Since 1 May 2026 private landlords in England cannot use section 21. To regain possession you serve a section 8 notice on Form 3A, citing a ground, then apply to court if the tenant stays.

The Renters' Rights Act 2025 ended "no fault" section 21 notices for private tenancies on 1 May 2026. Every possession claim now needs a ground from Schedule 2 to the Housing Act 1988, and you must give at least the minimum notice for that ground. This page was checked against GOV.UK and legislation.gov.uk on 16 October 2026. For your own case, check GOV.UK or get help from a solicitor or housing adviser.

The grounds small landlords use most

Close family for Ground 1 means your spouse, civil partner or partner, and your parent, grandparent, brother or sister, child or grandchild, or a child or grandchild of your partner.

For Ground 8, arrears caused only by a delay in a Universal Credit housing payment are ignored. If you are told your tenant is in a breathing space under the debt respite scheme, you must not serve a notice on Grounds 8, 10 or 11 while it lasts, unless a court gives permission.

Notice periods run from the day you serve. With more than one ground, you wait for the longest period. The law also says you must not rely on a ground unless you reasonably believe you could get possession on it.

The restricted period after selling or moving in

If you rely on Ground 1 or 1A, you must not let or market the home from the day you serve the notice until 12 months after the earliest court date written in it. The rule keeps applying even if the tenant stays. It is in force for private tenancies, so only use these grounds if you genuinely mean to move in or sell.

What this means for you

Say your tenant pays monthly and owes 3 months' rent. A Ground 8 notice served on 1 November 2026 gives 4 weeks' notice starting that day, so the earliest date you can apply to court is 29 November 2026. If you also want to sell and use Ground 1A, the 4-month period applies to the whole notice instead, so the earliest court date becomes 1 March 2027.

Before any of this, check the things that can stop a claim. GOV.UK says that for most grounds you must show the deposit was put in a government-approved scheme, the scheme rules were followed and your tenant was given the required information. Returning the deposit, or a court challenge by your tenant over the deposit being decided, settled or withdrawn, also counts. The deadline is 30 days from receiving the deposit, and a court can order you to repay up to 3 times the deposit if you did not protect it. These rules do not apply to the antisocial behaviour grounds 7A and 14.

A second block is coming but is not law yet. Once the landlord database rules come into force, courts will not make most possession orders while you do not have active landlord and property entries on the database. When we checked on 16 October 2026, that part of the Act was in force only for making regulations. The register deadline checker shows when your region opens.

Steps to serve a section 8 notice

1. Choose your ground and check it applies, using the table above.
2. Check your deposit was protected and the information given, or that it has been returned.
3. Work out the earliest court date: the day after the longest notice period ends, and for Grounds 1 and 1A after the first 12 months of the tenancy.
4. Download the current Form 3A (05.26) and the legal wording document from the GOV.UK assured tenancy forms page. Form 3 is for social housing only.
5. Copy the full legal wording of each ground into question 4.2, and explain why it applies in question 4.3. Missing, incomplete or wrong wording may make the notice invalid.
6. Sign it, by hand or electronically. An agent can sign for you, and joint landlords each sign or agree that one signs for all.
7. Serve it the way your tenancy agreement says. If it says nothing, hand it to your tenant, put it through the letterbox or send it by registered post. Give a copy to each named tenant.
8. Record service on form N215, or write "served by [your name] on [the date]" on your copy.

What happens next

Your tenant does not have to leave during the notice period. If they are still there afterwards, you apply to the court, within 12 months of serving. GOV.UK puts the fee at £415, and claims for rent arrears only can go through Possession Claim Online.

On a mandatory ground the court must order possession if you prove it, though a judge can allow your tenant up to 6 weeks to leave in cases of exceptional hardship. On a discretionary ground it can refuse, or suspend the order on conditions. If your tenant does not leave by the date in the order, you apply for a warrant of possession, and the court gives your tenant at least 14 days' notice of the bailiff's visit. Trying to force a tenant out is illegal eviction, a criminal offence.

Rent counts towards your qualifying income for Making Tax Digital, so the free MTD check is worth a minute, and the landlord section has more guides on the new rules.