Ending a tenancy
Seek possession only by a section 8 notice on Form 3A with the correct notice period
To end a tenancy you need a statutory ground, a section 8 notice on the current Form 3A giving at least the minimum notice for each ground, and then a court order. Court proceedings must start within 12 months of serving the notice.
- Status
- In force since 1 May 2026
- Penalty
- Civil penalty up to £7,000
- Topic
- Ending a tenancy
Who it applies to
A landlord of a private assured tenancy wants possession.
What you must do
Serve the current published Form 3A (version 05.26, or a form substantially to the like effect) on every tenant, stating each ground with its full legal wording and particulars. Set the earliest court date at or after the longest notice period: 4 months for Grounds 1, 1A, 1B, 2, 2ZA-2ZD, 4A, 6, 6A, 6B; 2 months for 5, 5A-5D, 5H, 7, 9; 4 weeks for 5E-5G, 8, 10, 11, 18; 2 weeks for 4, 7B, 12, 13, 14ZA, 14A, 15, 17; none for 7A and 14 (proceedings may begin on the date of service). Start proceedings no later than 12 months after service. Only rely on a ground you reasonably believe the court may grant. Before claiming, make sure deposit rules are met (deposit protected with prescribed information, or returned). Obtain a court possession order; never evict without one.
- Deadline
After serving notice
Earliest proceedings date per HA 1988 s.8(4AA); latest is 12 months after service (s.8(3)(c)), extended for a tenant's debt breathing space.
Evidence to keep
- Completed Form 3A with full ground wording
- Certificate of service (N215) or annotated copy showing how and when served
- Evidence supporting each ground
- Deposit protection certificate and prescribed information
If you do not comply
- Civil penalty
- Up to £7,000
- Other consequences
- Relying on a ground without reasonable belief that possession could be ordered, where the tenant then surrenders within 4 months without a court order, is a breach (up to £7,000); doing so knowingly or recklessly is an offence (see possession-ground-misuse-offence). An invalid notice can lead to the claim being dismissed.
The law
- Housing Act 1988, s.8 (notice of proceedings for possession), as amendedlegislation.gov.uk
- Housing Act 1988, Schedule 2 (grounds for possession), as amendedlegislation.gov.uk
- SI 2026/354, reg 3(1)(c) (Form 3A is the version published by the Secretary of State)legislation.gov.uk
- Renters' Rights Act 2025, s.13 (HA 1988 s.16E(1)(e))legislation.gov.uk
- Renters' Rights Act 2025, s.26 (deposit compliance as a condition of possession (new HA 2004 s.215))legislation.gov.uk
Official guidance
Notes
Form 3 (not 3A) is for social housing assured tenancies and for private notices served before 1 May 2026 under the transitional rules. Possession claims use Form N5 with N119 (court fee £415 per GOV.UK from 13 July 2026), or Possession Claim Online for rent-only claims. From each region's PRS Database start, an active database entry will also be needed (see prs-database-possession-bar).
Other ending a tenancy rules
9 rules- Section 21 is abolished: never serve a section 21, notice to quit or informal eviction noticeIn force since 1 May 2026Fine up to £7,000
Section 21 'no fault' evictions ended for private tenancies on 1 May 2026. The only route is a section 8 notice on Form 3A with a valid ground. Serving anything else that purports to end the tenancy is a breach.
- Offence: knowingly or recklessly using a possession ground that cannot succeedIn force since 1 May 2026Fine up to £40,000
If you rely on a possession ground knowing it would not succeed, or reckless as to that, and the tenant leaves within 4 months without a court order, you commit an offence.
- Give prior written notice before the tenancy for grounds that require itIn force since 1 May 2026Fine up to £7,000
Some possession grounds can only be used if you told the tenant in writing before the tenancy began that you might rely on them.
- Grounds 1 and 1A (move in or sell): not in the first 12 months, 4 months' noticeIn force since 1 May 2026
You can recover possession to live in the property (or house close family) or to sell it, but the date in the notice must be at least a year after the tenancy began and you must give 4 months' notice.
- Do not re-let or re-market for 12 months after using Ground 1 or 1AIn force since 1 May 2026Fine up to £40,000
After serving notice (or claiming) on Ground 1 or 1A, you cannot let the property, license it for money, or advertise it to let until 12 months after the earliest court date in the notice.
- Ground 8 mandatory rent arrears: 3 months or 13 weeks at notice and at hearingIn force since 1 May 2026
The mandatory rent arrears ground needs at least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) owing both when the notice is served and at the hearing, with 4 weeks' notice.
- Anti-social behaviour: Grounds 7A and 14 allow immediate court proceedingsIn force since 1 May 2026
For serious anti-social or criminal behaviour you can use mandatory Ground 7A or discretionary Ground 14 and apply to court as soon as the notice is served.
- Ground 4A: student HMOs need prior written notice and 4 months' notice ending 1 June to 30 SeptemberIn force since 1 May 2026
If you let an HMO to full-time students and want it back for the next academic year, you must have told them in writing before signing and give 4 months' notice dated between 1 June and 30 September.
Evicting a tenant without a court order and enforcement, or harassing them to leave or stop exercising their rights, is a criminal offence. Councils can now fine up to £40,000.