Overview
From 1 May 2026, possession notices in England are governed by new rules under Phase 1 of the Renters' Rights Act 2025. Form 3A is the prescribed statutory form you must use to serve a possession notice on assured tenants.
Key Changes Under Phase 1
Possession Grounds
Phase 1 retains all 37 possession grounds but adds critical changes:
- Many grounds now require prior written notice before you can serve Form 3A
- Some grounds have new protected periods during which possession cannot be sought
- Grounds relating to landlord's own use are restricted in scope
Notice Periods
Notice periods vary depending on the ground:
- 2 weeks' notice: Most mandatory grounds (e.g., non-payment of rent after written warning)
- 2 months' notice: Some discretionary grounds and grounds requiring prior notice
- No notice: Some grounds (e.g., antisocial behaviour in certain circumstances)
Critical: Prior Written Notice Required
Many grounds now require you to give written notice before serving Form 3A. If you fail to give prior notice where required, your possession claim may be invalid. This is a major change from pre-May 2026 law.
Step-by-Step: Serving Form 3A
Step 1: Identify the Ground
Determine which of the 37 grounds you are relying on. Each ground has different requirements:
- Non-payment of rent (with or without arrears)
- Breach of tenancy agreement
- Antisocial behaviour
- Landlord's own use (subject to restrictions)
- End of fixed term (only if notice was given in the first 4 months)
- Other grounds: see the full grounds table in the toolkit
Step 2: Check Prior Written Notice Requirements
Does your ground require prior written notice? If yes:
- Send a warning letter at least 2 weeks before serving Form 3A
- Clearly state the breach or ground
- Give the tenant reasonable time to remedy (if remediable)
- Keep a copy of your warning letter
Common grounds requiring prior notice:
- Nuisance or annoyance (after warning)
- Waste of the property
- Breach of tenancy agreement (after warning)
- Rent arrears (after written demand and reasonable time)
Step 3: Gather Evidence
Collect supporting evidence for your ground:
- Bank statements or rent records (non-payment)
- Photos of damage (waste or damage)
- Police reports or witness statements (antisocial behaviour)
- Tenancy agreement (breach)
- Proof of prior written notice
Step 4: Complete Form 3A
Use the prescribed Form 3A. Include:
- Your name and address (landlord details)
- Tenant name(s) and address
- Property address
- The possession ground(s) you are relying on
- The date Form 3A is being served
- The date possession is sought (must meet minimum notice period)
- Brief facts supporting the ground
- Declaration that you believe the ground is satisfied
- Your signature and date
Step 5: Serve the Notice
You must serve Form 3A using one of these methods:
- Hand delivery to the tenant
- Post to the tenant's address (recorded delivery recommended)
- Email (if the tenant has agreed)
- Any method agreed in the tenancy agreement
Proof of service is critical. Keep the original signed copy, proof of posting, email read receipt, or a statutory declaration of service.
Step 6: Allow the Notice Period to Expire
Do not issue court proceedings until the notice period has fully expired. Courts will reject claims served too early.
Step 7: Apply to the Court
If the tenant does not vacate by the end of the notice period, apply to the County Court for an order for possession. You will need:
- The original Form 3A with proof of service
- Copy of the tenancy agreement
- Evidence supporting the ground
- Court fee
Protected Periods and Restrictions
First 6 Months
You cannot seek possession during the first 6 months of a fixed-term tenancy unless the ground is:
- Antisocial behaviour
- Illegal activity
- Non-payment of rent (in limited circumstances)
Landlord's Own Use
Grounds based on landlord's own use (Ground 1) are now restricted:
- Not available for the first 6 months of a tenancy
- Notice must be given in the first 4 months of a fixed-term tenancy
- Subject to new rules on "substantially rebuild" and other limitations
Common Mistakes to Avoid
- Wrong form: Using an old notice instead of Form 3A
- Missing prior notice: Serving Form 3A without the required warning letter
- Insufficient notice period: Allowing less than the required notice
- Wrong ground: Stating a ground that does not apply to the situation
- Poor evidence: Failing to gather supporting evidence
- No proof of service: Not keeping evidence that the tenant received the notice
- Inaccurate dates: Getting the notice period calculation wrong
Key Dates
- 1 May 2026: Phase 1 takes effect. Form 3A becomes the prescribed form.
- Prior notice window: Send warning letters at least 2 weeks before Form 3A (if required)
- Form 3A service: Must be served with minimum notice (2 weeks to 2 months depending on ground)
- Court application: After notice period expires, apply to court for order
Use the Toolkit
The SunClause Phase 1 toolkit includes a complete table of all 37 possession grounds, notice periods, prior-notice requirements, and evidence checklists for each ground.
Get the Complete Toolkit
Our Phase 1 compliance toolkit includes detailed Form 3A workflows, all 37 grounds with evidence checklists, and a decision tracker.
Get the Toolkit — £49
Sources
- Renters' Rights Act 2025 (c. 26)
- MHCLG Implementation Roadmap
- Housing Act 1988 (as amended)
- County Court procedure rules
Disclaimer: This guide is based on the Renters' Rights Act 2025 and government guidance as at April 2026. It is not legal advice. For advice on your specific situation, consult a solicitor. This guide does not cover all grounds, exceptions, or procedural requirements.