Getting your property back (Section 8)
England · last checked 8 October 2026
To end a tenancy you must serve a Section 8 notice (Form 3A) giving a legal reason, called a ground, and the right notice. If the tenant doesn't leave, only a court can order possession.
The grounds small landlords use most: moving in yourself or a close family member (Ground 1) or selling (Ground 1A), both with 4 months' notice and not in the first 12 months; serious arrears of at least 3 months' rent (Ground 8), with 4 weeks' notice; and other arrears, damage or antisocial behaviour, where a judge decides.
Do
- Keep an exact rent record with due dates and payments. Ground 8 needs at least 3 months' rent owed when you serve notice and at the hearing.
- Use the official form and the right notice period for your ground.
- Get advice from a solicitor or the NRLA before serving notice.
- Keep proof that you protected the deposit and gave the tenant the certificates. Missing documents can sink a claim.
Don't
- Don't serve a Section 21 notice. It no longer exists in England.
- Don't change the locks, remove belongings, cut off utilities or harass a tenant to make them leave. That is illegal eviction, a crime.
- Don't use the selling or moving-in grounds in the first 12 months of a tenancy.
- Don't re-let or advertise the home for 12 months after using the selling or moving-in grounds.
Deadlines
- Moving in or selling (Grounds 1, 1A)
- 4 months' notice
- Serious arrears (Ground 8)
- 4 weeks' notice, 3+ months owed
- Tenant leaving
- Tenant gives 2 months' notice
If you get it wrong
Illegal eviction can mean prosecution, fines of up to £40,000 and rent repayment orders.
In LetSync: See arrears and rent history on the Rent page
Official sources
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Start freeThis guide is general information about the law in England, not legal advice. Laws and dates change, so check GOV.UK or ask a solicitor before acting on anything serious, such as asking a tenant to leave. Last checked 8 October 2026.