How to Serve a Section 8 Notice: Step-by-Step
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To serve a Section 8 notice, complete Form 3 with the grounds for possession and required notice period, then deliver to all tenants via post (first class or recorded), in person, or through the letterbox. Keep proof of service.
Step 1: Check which grounds apply
Review the Section 8 grounds and identify all that apply to your situation. You can cite multiple grounds on one notice.
Common grounds:
- Ground 8: 2+ months rent arrears (mandatory)
- Ground 10: Some rent arrears (discretionary)
- Ground 12: Breach of tenancy (discretionary)
- Ground 14: Antisocial behaviour (discretionary)
Step 2: Confirm notice periods
Different grounds have different notice periods. If using multiple grounds, use the longest notice period required.
| Ground | Notice Period |
|---|---|
| Ground 8 (rent arrears) | 2 weeks |
| Ground 10, 11, 12 | 2 weeks |
| Ground 14 (ASB) | 2 weeks (immediate for serious cases) |
| Ground 1 (landlord occupation) | 2 months |
| Ground 6 (demolition) | 6 months |
Step 3: Complete Form 3
Form 3 is the prescribed Section 8 notice form. Download the current version from GOV.UK. Complete every section accurately.
Required information:
- Your name and address (landlord)
- All tenant names exactly as on tenancy
- Property address
- Which grounds you're relying on
- Particulars for each ground (specific details)
- Earliest court proceedings date
Important: Particulars must be specific. For rent arrears, include exact amounts and dates. For ASB, include specific incidents with dates.
Step 4: Make copies
Print copies for each named tenant plus at least one for yourself. Keep your copy safe—you'll need it for court.
Step 5: Serve on all tenants
Serve the notice on every person named on the tenancy agreement. Methods of service include recorded delivery, first class post, in person, or through the letterbox.
Best practice: Use recorded delivery. It provides proof of posting and delivery that courts accept.
Step 6: Keep proof of service
Retain all evidence that you served the notice. Recorded delivery receipts, witness statements, photographs of posting through letterbox.
If the tenant claims they never received it, you need to prove service. Courts are strict about this.
Step 7: Wait for notice period
Allow the full notice period to expire. Don't apply to court too early—it could invalidate your claim. The period starts from when the notice is served/deemed served.
Step 8: Apply to court
If the tenant hasn't left after the notice expires, apply to court using Form N5 (possession claim) and Form N119 (particulars of claim). Pay the court fee and wait for your hearing date.
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LandlordOS tip
Always use the most recent Form 3 from GOV.UK. Forms get updated, and using an old version could invalidate your notice. Check the date on the form before serving.