Before you pay a court fee

Six things that sink a Section 8 notice

ServeProof checks every one against your tenancy file before it lets you pay.

The deposit
Unprotected, or the prescribed information never given: the court can’t make a possession order on any ground except 7A or 14 until it is put right (or the deposit is returned).

s.215 Housing Act 2004, as amended
Ground 8 arithmetic
At least three months’ rent unpaid (13 weeks’ if weekly or fortnightly) when you serve and at the hearing. Universal Credit delays don’t count.

Housing Act 1988 Sch. 2, Ground 8
The first year
Ground 1 (moving in) and 1A (selling) can’t take effect inside the first year of the tenancy (1A only can, after a compulsory purchase notice). From serving until 12 months after the earliest court date they allow, you can’t re-let or market the property.

Sch. 2 Grounds 1 and 1A; ss.16E, 16F and 16M Housing Act 1988
Breathing Space
While a tenant is in the Debt Respite Scheme you can’t serve on Grounds 8, 10 or 11 for arrears covered by it, unless a court gives permission.

Debt Respite Scheme Regulations 2020
Serving late
The date in 2.1 is worked out from the day of service. Hand it over a day later than planned, or post it and it arrives late, and the date can be too early.

s.8 Housing Act 1988
Email
Only if the written tenancy agreement provides for notices by email. Otherwise by hand or post.

GOV.UK Form 3A guidance for landlords

£49 per notice

One notice, filled, served and on the record

The official form

GOV.UK Form 3A, May 2026

Filled from your tenancy: every tenant, the address, the full legal wording of each ground, your explanation, the dates.

✓

The checks

Before you pay

Deposit, Ground 8 arrears, the first year, Breathing Space and the date of service, against your tenancy file.

✓

The proof

How the tenant got it

Emailed with GOV.UK’s tenant guidance attached where your agreement allows, or recorded as served by hand or post. On the certificate of service for the court bundle. Missed the date? Re-date it free until it is served.

£49per notice

Notice periods

Every ground on Form 3A

Titles and types from the Form 3A legal wording (GOV.UK, revision 05.26); notice periods from GOV.UK’s guidance for landlords. Grounds 7A and 14 let you go to court on the day you serve, even alongside other grounds; if they are the only grounds made out, the order can’t take effect within 14 days of service.

Ground	What it covers	Type	Notice
1	Occupation by landlord or family	Mandatory	Four months
1A	Sale of dwelling house	Mandatory	Four months
2	Sale by mortgagee	Mandatory	Four months
2ZA	Possession when superior lease ends	Mandatory	Four months
2ZB	Possession when superior lease ends	Mandatory	Four months
2ZC	Possession by superior landlord	Mandatory	Four months
2ZD	Possession by superior landlord	Mandatory	Four months
4	Student accommodation	Mandatory	Two weeks
4A	Student accommodation for occupation by students	Mandatory	Four months
5	Ministers of religion	Mandatory	Two months
5A	Occupation by agricultural worker	Mandatory	Two months
5C	End of employment by landlord	Mandatory	Two months
5E	Occupation as supported accommodation	Mandatory	Four weeks
5F	Dwelling-house occupied as supported accommodation	Mandatory	Four weeks
5G	Tenancy granted for homelessness	Mandatory	Four weeks
6	Redevelopment	Mandatory	Four months
6B	Compliance with enforcement action	Mandatory	Four months
7	Death of tenant	Mandatory	Two months
7A	Severe antisocial or criminal behaviour	Mandatory	None: court from the day of service
7B	No right to rent	Mandatory	Two weeks
8	Rent arrears	Mandatory	Four weeks
9	Suitable alternative accommodation	Discretionary	Two months
10	Any rent arrears	Discretionary	Four weeks
11	Persistent arrears	Discretionary	Four weeks
12	Breach of tenancy	Discretionary	Two weeks
13	Deterioration of property	Discretionary	Two weeks
14	Antisocial behaviour	Discretionary	None: court from the day of service
14ZA	Rioting	Discretionary	Two weeks
15	Deterioration of furniture	Discretionary	Two weeks
17	False statement	Discretionary	Two weeks
18	Supported accommodation	Discretionary	Four weeks

Check the file first

A notice is only as good as the tenancy file behind it.

Answer a few questions about the tenancy and see whether anything would stop a court making the order. Nothing you enter is stored.

Check a tenancy Deposit not protected?

One day too early, and the notice fails.

Six things that sink a Section 8 notice

The deposit

Ground 8 arithmetic

The first year

Breathing Space

Serving late

Email

One notice, filled, served and on the record

Every ground on Form 3A

A notice is only as good as the tenancy file behind it.