Section 8 notices and joint tenants
Serving a Section 8 notice on joint tenants in England: name every tenant on Form 3A, give each a copy, handle a tenant who moved out, and joint landlords.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- Form 3A must list every joint tenant in question 1.1, including any who have moved out but are still on the tenancy.
- GOV.UK says to give a copy of the notice to each tenant named in the tenancy agreement and keep the original.
- All joint tenants are responsible for the rent, so Ground 8 arrears are counted for the tenancy as a whole.
- One joint tenant's valid notice to quit will usually end the whole joint tenancy, according to GOV.UK.
- With joint landlords, any one of you can serve the notice, but each must sign or agree that one signs for all.
For a Section 8 notice, joint tenants must all be named on Form 3A, and each one should get their own copy. That includes a tenant who has moved out but is still a party to the tenancy. Missing a joint tenant is a common reason notices fail, and it is entirely avoidable.
Who must be named on a Section 8 notice for joint tenants?
Question 1.1 of Form 3A asks for the full names of the tenants, and the form's note says all joint tenants must be listed. In practice:
- Copy the names from the tenancy agreement, spelled the same way, including middle names if the agreement uses them.
- Include anyone added later, for example a partner who became a joint tenant by a written variation.
- Include a tenant who has moved out if they are still a tenant. The courts have held that a notice must name all joint tenants even if some no longer live at the property.
- Don't include people who aren't tenants, such as a guarantor, a lodger of the tenant or the tenant's children. They aren't parties to the tenancy.
If you're not sure whether someone is still a tenant (for example, a tenant left and you may have agreed to release them), check your written records. If you're still unsure, speak to a solicitor before you serve.
How to serve joint tenants
GOV.UK's guidance for landlords says to give a copy of the notice to each tenant named in the tenancy agreement and keep the original. Follow any service method in the tenancy agreement first. Otherwise:
- Tenants living together: hand each tenant their own copy, or put separate envelopes, each addressed to one tenant, through the letterbox.
- A tenant who has moved out: serve their copy at the property and, to be safe, also at any forwarding or work address you know.
- Record it all: complete form N215 or endorse your copy for each tenant, noting how and when each copy was served.
The dates in the notice run from service, so if you serve the tenants on different days, base question 2.1 on the latest service date. Our guide on how to serve a Section 8 notice covers methods and proof in detail.
Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
Start now · £39What if one joint tenant has left?
The courts have said a notice must name all joint tenants even if some no longer live at the property, so treat a tenant who has moved out as still on the tenancy unless it has been formally ended or changed. GOV.UK also says all joint tenants are responsible for the rent. That has three practical effects:
- Name and serve them as above.
- Count the arrears for the whole tenancy. For Ground 8, look at the total rent unpaid under the tenancy, not each tenant's "share".
- Watch for a notice to quit. Since 1 May 2026 a tenant ends a tenancy by giving at least 2 months' written notice to quit. GOV.UK says one joint tenant will usually be able to end the joint tenancy without the agreement of the others. If the departing tenant gives you a valid notice, the whole tenancy may end on its expiry date, which changes your position for the tenants who stay.
What happens to the remaining occupiers after one joint tenant ends the tenancy is a complex area. If it arises, speak to a solicitor before you serve a notice or take any other step, and never change the locks. If you want the remaining tenants to stay, you can grant them a new tenancy. See how tenants end a tenancy.
How the grounds work with joint tenants
Most grounds are about the tenancy as a whole or about the conduct of anyone living there, so one tenant's actions can support a ground against the tenancy.
| Ground | Whose conduct or situation counts |
|---|---|
| 8, 10 and 11 (rent arrears) | Rent unpaid under the tenancy; all joint tenants are responsible for the rent |
| 12 (breach of tenancy) | Any breach of a tenancy obligation |
| 13 (damage to the property) | The tenant or anyone living there |
| 14 (nuisance or antisocial behaviour) | The tenant, anyone living there or a visitor |
| 15 (damage to furniture) | The tenant or anyone living there |
| 17 (false statement) | A tenant who was one of the original tenants, or someone acting at their instigation |
| 7B (no right to rent) | The Home Office notice names the tenant or tenants, or adult occupiers, who are disqualified. The court may transfer the tenancy to a qualifying joint tenant instead of ending it |
In question 4.3, explain which tenant did what. It helps the court and shows the notice gives every tenant enough information to respond.
Joint landlords
If two or more of you own the property as joint landlords:
- Serving: the notice can be served by the landlord or, with joint landlords, by at least one of them.
- Signing: each joint landlord signs, using the additional signatures page (room for three more), or you agree that one of you signs for all.
- Ground 1: it is enough that at least one of the joint landlords needs the home for themselves or a close family member.
- Details: questions 5.4 and 5.5 ask for the name and address of the person who completed and signed the form.
Joint tenants at court
When you claim possession, form N119 asks for details of every person in possession of the property. Keep the proof of service for each tenant's copy with your notice, as you may need to show the court that every tenant was served. See form N119 for the particulars of claim.
What to do next
Before you serve, list every tenant from the tenancy agreement and every address you have for them. ValidNotice asks for each joint tenant, prints all their names in question 1.1 and produces a certificate of service for each copy. Then read how to fill in Form 3A, or return to the Section 8 notice guide.
Section 8 notice
Section 8 notice (Form 3A)
Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
Do I need a separate Section 8 notice for each joint tenant?
No. You serve one notice that names every joint tenant in question 1.1. Then you give each tenant named in the tenancy agreement their own copy and keep the original for your records.
One tenant moved out without telling me. Do I still name them?
Yes. If they haven't ended their part of the tenancy, they are still a tenant. Name them on the notice, serve a copy at the property and, to be safe, at any other address you know for them.
Can I use a Section 8 notice to remove just one joint tenant?
The notice must name every joint tenant, so it can't be aimed at one of them alone. If only one tenant is causing problems, speak to a solicitor about your options before serving. Ground 7B (no right to rent) is a special case: the court can transfer the tenancy to a qualifying joint tenant instead of ending it.
Does a guarantor need to be named on the notice?
No. Question 1.1 asks for the tenants. A guarantor isn't usually a party to the possession claim either; rent owed under a guarantee is normally recovered through a separate money claim.
Sources
Related guides
How to serve a Section 8 notice
How to serve a Section 8 notice in England: by hand, at the property, by post or by email, how service affects your dates, and how to prove it with form N215.
How to fill in Form 3A, section by section
How to fill in Form 3A question by question, with a worked rent arrears example: tenant names, the court date, grounds wording, your reasons and signatures.
How tenants end a tenancy now: notice to quit rules
Tenant notice to quit rules since 1 May 2026: the 2-month cap, end dates on a rent day, joint tenants, and what a landlord can and can't insist on.
Form N119: particulars of claim for rented property
How to complete the N119 form section by section in the 05.26 version, what the rent schedule must show, and the mistakes that get possession claims delayed.
Section 8 notice: how to serve a valid notice in 2026
Prepare a Section 8 notice on Form 3A for England: choose the right grounds, get every date right and serve it properly. Checked against the 2026 rules.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.