This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to serve an eviction notice to multiple tenants in England and Wales. This guide explains the legal requirements for Section 8 and Section 21 notices, how to serve each tenant properly, proof of service steps, common errors to avoid and practical guidance to ensure valid eviction notice service and successful possession claims.
Serving an eviction notice when there are multiple tenants at a property requires particular care to ensure the notice is legally valid. Whether you are a private landlord, a housing association, or a managing agent, understanding how to serve notices correctly protects your ability to later apply for a possession order and minimise the risk of delays or tenant challenges. This guide explains the rules and best practice for serving eviction notices (including Section 8 and Section 21) to multiple tenants, the importance of valid service, practical steps to follow, and common pitfalls to avoid.
Introduction to Eviction Notices
Before applying to the court for possession of a property, a landlord must serve a valid notice on all tenants covered by the tenancy agreement. The type of notice depends on the circumstances:
- Section 21 notice is a “no‑fault” eviction notice that does not require the landlord to prove any breach of contract. It is typically two months' notice and uses Form 6A. It applies to assured shorthold tenancies (ASTs) and is being phased out under reforms in England from 1 May 2026.
- Section 8 notice is used when there are grounds for eviction, such as rent arrears or breaches of tenancy terms. It must specify the ground(s) relied on and provide the correct notice period.
When there are multiple tenants (for example, a shared house with a joint tenancy), the law requires that notice must be validly served on each named tenant to avoid invalidating the process.
Joint Tenancies and Notice Requirements
Who Must Be Included on the Notice
For both Section 21 and Section 8 notices, if the tenancy is held jointly by several tenants (joint tenancy), the notice must:
- Name all tenants individually on the notice form or document.
- Be served on all the tenants addressed by the tenancy, even if some tenants do not live at the property at the time of service.
Including all tenants' names correctly ensures the notice covers each person who is jointly and severally liable under the tenancy. If the notice omits a tenant's name, it may be challenged as invalid, and the court may refuse to grant a possession order.
Methods for Serving an Eviction Notice
Landlords have several legally recognised methods to serve eviction notices. Choosing an effective method with proof of service strengthens your position if the validity of the notice is later disputed:
1. Personal Delivery
- Hand the notice directly to each tenant at the property address.
- Make a record of the date, method and name of the person delivering it.
2. Postal Service
- Use first‑class post, recorded delivery or registered post.
- Maintain proof of postage/receipt to confirm when the notice was delivered.
- When posting, account for postal delay by adding a few days before calculating the notice period.
3. Email or Other Methods
- Email can be a valid method only if the tenancy agreement explicitly allows service by email and the tenant has agreed to this.
- Where email is used, landlords should still serve a physical copy to strengthen evidence of service.
Serving Notices to Multiple Tenants
When serving a notice to multiple tenants:
- Serve a copy to each person named individually. Even if they live together, deliver or post a copy to each tenant's address or contact channel (where permitted).
- Keep dated records for each delivery method and tenant. Proof of service might include a certificate of service (Form N215), postal receipts or signed acknowledgements.
- If notice is served only to one tenant in a joint tenancy, courts may deem it invalid and refuse to grant a possession order because not all tenants were properly notified.
- For Section 21, many landlords choose to serve separate notices to each tenant to avoid disputes about whether everyone received the notice.
Common Errors to Avoid
1. Omitting a Tenant's Name
Failing to include every tenant named on the tenancy agreement may render the notice invalid. Always cross‑check the tenancy agreement for all tenants and co‑signatories.
2. Incorrect Service Dates
The validity of a notice often turns on exact dates. Postal delays or incorrect documentation can shorten the notice period and make it invalid in court. Allow extra days for delivery when calculating expiry dates.
3. Ignoring the Tenancy Agreement
If the tenancy specifies a method of service (for example, by email or personal delivery), you must follow that method. Otherwise, the notice can be challenged even if it names all tenants correctly.
Section 21 and Multiple Tenants
Under current law, a Section 21 notice remains a common method for ending ASTs. However:
- It cannot be used until at least four months into the tenancy.
- Reforms under the Renters' Rights Act in England will abolish Section 21 no‑fault evictions from 1 May 2026, requiring landlords to rely on valid grounds instead.
Despite this reform, serving Section 21 correctly remains important for notices provided before that date. For a joint tenancy, including all tenant names and ensuring service to each person preserves the notice's validity.
Section 8 and Multiple Tenants
Section 8 notices require landlords to specify grounds for possession (for example, rent arrears or breach of lease terms). When serving a Section 8 notice to multiple tenants:
- Use the correct Form 3 or a document to substantially the same effect.
- List all tenants' names and serve each a copy.
- Provide reasons for possession under the relevant ground(s) and the appropriate notice period.
If notice is not validly served, tenants may raise this at a court hearing to defend against the possession claim.
After Serving the Notice
Once you have served a valid notice to all tenants:
- Retain proof of service for each tenant.
- If tenants remain after the notice period expires, apply to the county court for a possession order.
- Provide copies of the notice and supporting evidence to the court with your claim.
- Keep additional copy for each tenant, as the court will need to serve these on them.
Sending extra copies to the court for each tenant ensures that all named parties receive court documents and reduces procedural delays.
Key Takeaways
Serving an eviction notice to multiple tenants in England and Wales requires careful attention to detail and compliance with legal requirements. Key points include:
- Identify all tenants named on the tenancy agreement and include their full names on the notice.
- Serve each tenant individually, using personal delivery, postal methods with proof, or another method permitted by the tenancy agreement.
- Retain proof of service for each notice delivered, as this forms critical evidence in court proceedings.
- Adhere to notice period rules, especially for Section 21 (two months' minimum notice) and Section 8 (varies by ground).
Taking these steps helps ensure that your notice is valid, reduces the likelihood of delays, and protects the strength of any later possession claim in court.
