Renters' Rights Act 2025 - Tenants Notice Checker
A landlord can serve a valid section 8 notice on an assured tenancy to start the possession proceedings. The landlord must have a reason for evicting you, called a ground for possession.
What makes a section 8 notice valid?
The landlord must:
- use the prescribed form
- list a ground for possession and give reasons
- give the tenant the correct notice period
The court can dismiss the landlord's possession claim if they do not serve the tenant with a valid section 8 notice.
When is the notice not valid?
A section 8 notice is not valid if your landlord:
- uses the wrong form – Your landlord must use Form 3A. The notice is not valid if your landlord only sent a message or email telling you to go or told you to leave in person or on the phone
- gives you the incorrect notice for the ground possession is claimed on - See grounds for possession and the correct notice period required for each ground
- is your deposit protected? Your landlord must return your deposit or protect your deposit and issue you with written details of which scheme your deposit has been protected in before the 1st court hearing. Although the section 8 can be made valid before the 1st court hearing if your landlord has breached these rules they could be liable for a civil penalty and you could apply for a rent repayment order if:
- your deposit was not protected within a government scheme
- it wasn't protected within 30 days after your last contract started
- If your deposit was protected, your landlord must have given you written information about the scheme it is protected in within 30 days, after your last contract started
Other rules your landlord must follow
Your landlord must follow the rules below or risk facing a civil penalty and/or a rent repayment order claim. Non compliance of these will NOT make a section 8 invalid though.
- they cannot charge too much deposit or other fees? Your landlord or agent can only:
- take up to 1 months' rent as a deposit
- charge fees for things like late rent or lost keys
- most tenancy fees have been banned since 1st June 2020, check if you have been charged a banned fee
- have you had a recent gas safety certificate? Your landlord must issue this annually. More on gas safety in rented homes.
- have you had an energy performance certificate (EPC)? This only applies to tenancies that started or were renewed on or after 1 October 2015
- Have you had a copy of the How to rent guide? This only applies to tenancies that started or were renewed on or after 1 October 2015.
- Does your landlord need a licence? This can apply to houses of multiple occupation. Check with Environmental Health if your home needs a licence.
If you have been served with a valid section 8 please complete our online Homelessness Assessment form and a member of our team will contact you to discuss your situation.