Section 8 Ground 3: Holiday Let Possession

Section 8 Ground 3 was the possession ground for landlords letting a holiday property on a short fixed-term tenancy between seasons. It was repealed on 1 May 2026by the Renters' Rights Act 2025, because it depended on fixed-term tenancies, which the Act abolished. This guide covers what Ground 3 was, the exact legal wording, why it no longer applies, and what holiday-let landlords should do instead.

⛔ Repealed 1 May 2026

Renters' Rights Act 2025

Housing Act 1988, Sch 2

England only

⛔ No longer selectable on new notices✓ Full historical legal wording included✓ Transitional rules explained✓ Current alternatives covered

⛔ Ground 3 no longer exists for new tenancies

From 1 May 2026, Ground 3 was omitted from Schedule 2 of the Housing Act 1988 by the Renters' Rights Act 2025. It cannot be cited on a Section 8 notice for any tenancy created on or after that date. If your Section 8 notice needs to cover a different situation, use the generator below, which only offers grounds that are currently in force.

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What Was Section 8 Ground 3?

Ground 3 was one of the possession grounds listed in Schedule 2 of the Housing Act 1988. It dealt with a narrow but practical problem for holiday property owners: what to do with a property between holiday seasons.

A landlord who owned a genuine holiday cottage or apartment could let it out on a short fixed-term tenancy over the off-season, rather than leaving it empty. Without a specific ground, this off-season letting risked turning into a fully protected assured tenancy once the tenant had been in occupation for a while. Ground 3 solved that: provided the landlord gave written notice in advance, and the property had genuinely been used for holidays in the previous year, the landlord could recover possession at the end of the short fixed term.

It is important to understand that a genuine holiday letting was, and still is, excluded from being an assured tenancy at all, under a separate provision of the Housing Act 1988. Ground 3 was not about ending a holiday letting itself. It applied to the different, follow-on tenancy granted during the off-season, which was not a holiday letting but could otherwise have accidentally become a protected tenancy.

Ground 3 — Housing Act 1988 Legal Wording

Ground 3, before its repeal, required three things to be true together. In summary, the tenancy had to run for a fixed term of no more than 8 months, the landlord had to have given written notice before the tenancy started that Ground 3 might be used, and the property had to have been occupied for a holiday at some point in the 12 months before that fixed term began.

Conditions that had to be satisfied

1

Fixed term of 8 months or less

The tenancy under which possession was sought had to be a fixed-term tenancy, and that term could not exceed 8 months.

2

Written notice given before the tenancy started

The landlord had to give the tenant written notice, no later than the start of the tenancy, that possession might be recovered on Ground 3.

3

Prior holiday occupation within 12 months

At some point in the 12 months before the fixed-term tenancy began, the same property had to have been occupied under a genuine right to occupy it for a holiday.

Source: Housing Act 1988, Schedule 2, Ground 3 (as originally enacted, now omitted for tenancies granted on or after 1 May 2026 by the Renters' Rights Act 2025, Schedule 1, paragraph 8). View Housing Act 1988 Schedule 2 — legislation.gov.uk ↗

Was Ground 3 Mandatory or Discretionary?

Ground 3 was a mandatory ground. Once the landlord proved the fixed term, the advance written notice, and the prior holiday occupation, the court had no power to refuse possession on fairness or reasonableness grounds. This mirrors how Ground 8 (rent arrears) works today: proof of the conditions removed the judge's discretion.

What Counted as a “Holiday Let”

The property had to have been occupied under a genuine right to occupy it for a holiday at some point in the 12 months before the fixed-term tenancy began. Whether a letting was genuinely for a holiday was a question of fact, not a label in the paperwork. A short-term agreement calling itself a holiday let, used in reality as someone's only home, would not have satisfied this test, and courts were alert to landlords using holiday-letting language to try to sidestep tenant protection.

Why Ground 3 Was Repealed Under the Renters' Rights Act 2025

The Renters' Rights Act 2025 abolished fixed-term assured shorthold tenancies from 1 May 2026. Every assured tenancy in England, new or existing, now runs as a rolling periodic tenancy with no fixed end date built in.

Ground 3's entire structure depended on a fixed-term tenancy existing in the first place, capped at 8 months. With fixed terms removed from the system, there was no longer a type of tenancy that Ground 3 could attach to. Rather than leave an unusable ground on the statute book, Parliament omitted Ground 3 from Schedule 2 as part of the same reform.

📌 The underlying property protection still stands

The problem Ground 3 addressed, a landlord needing to recover an off-season letting of a genuine holiday property, has not disappeared. What has changed is the mechanism. Since off-season fixed-term residential tenancies can no longer be granted at all, the practical answer now is to keep off-season use outside the assured tenancy system entirely, using a licence or a genuine holiday letting agreement rather than a residential tenancy. See the section below on what to do instead.

Source: Renters' Rights Act 2025, Schedule 1, paragraph 8; commencement by the Renters' Rights Act 2025 (Commencement No.1) Regulations 2026 (SI 2026/421). Renters' Rights Act 2025 — legislation.gov.uk ↗

Transitional Rules: Can Any Ground 3 Notice Still Be Used?

The Renters' Rights Act 2025 includes transitional savings, mainly in Schedule 6, that protect some notices and claims already under way when the Act commenced. Whether a Ground 3 notice served shortly before 1 May 2026 can still support a possession claim depends on the exact timing of the notice, whether proceedings had already started, and the specific savings provision that applies to your situation.

⚠ Do not assume, check

Because the transitional rules are detailed, time-limited, and turn on precise dates, we recommend getting advice from a housing solicitor before relying on a Ground 3 notice served close to the commencement date. Treating an old notice as automatically valid without checking is a common way a claim gets struck out.

What Holiday-Let Landlords Should Do Now

A genuinely short-term holiday letting was never an assured tenancy and does not need a Section 8 notice to bring it to an end. It ends when the holiday booking or licence period is up, in the same way a hotel stay does.

The risk Ground 3 used to manage was different: a landlord letting the same property for a longer stretch over the off-season, on what looked like an ordinary residential tenancy, risked that tenancy becoming a protected assured tenancy. With fixed terms gone and Ground 3 repealed, that route no longer has a safety valve. Practical options for off-season use now include:

✓ Keep off-season lettings genuinely short-term and holiday in nature, supported by real evidence of holiday use, so the tenancy exclusion applies from the outset

✓ Use a licence to occupy rather than a residential tenancy for short off-season stays, where appropriate and properly documented

✓ Avoid granting anything that functions as someone’s main home during the off-season, since that is the fact pattern most likely to create an assured periodic tenancy

✓ Take advice before offering the property as a longer-term let outside the holiday season, since recovering it later would now depend on an active ground such as Ground 1 or Ground 1A, not a holiday-specific route

Ground 3 Compared With Ground 1, Ground 4A and Ground 6

Ground 3 sat among several possession grounds tied to a specific type of property use. Here is how it compared, and which of these grounds are still in force.

GroundStatusWhat it coversNotice period
Ground 1Active (rebuilt 2026)Landlord or a qualifying family member moving into the property as their main home.4 months (increased under the Renters’ Rights Act 2025)
Ground 3 (repealed)Repealed 1 May 2026Short fixed-term letting following genuine holiday use of the same property.Was 2 weeks; no longer usable
Ground 4AActive (new 2026)Student HMO lettings, recovered between academic years.Set out in the transitional student HMO rules
Ground 6ActiveDemolition, reconstruction, or substantial redevelopment work that cannot happen with the tenant in occupation.4 months

Common Mistakes Around Ground 3

With Ground 3 repealed, most of the mistakes we now see are about landlords not realising it is gone, or misunderstanding what it ever applied to.

1.

Trying to cite Ground 3 on a new notice

Ground 3 has been removed from Schedule 2 for tenancies created on or after 1 May 2026. A notice citing it will not be accepted, since the ground no longer exists in law for new tenancies.

2.

Assuming a genuine holiday let needs a Section 8 notice at all

A true holiday letting is not an assured tenancy in the first place, under the Housing Act 1988’s own exclusions, carried through by the Renters’ Rights Act 2025. If the letting is genuinely a holiday letting, Section 8 does not apply, and none of the Schedule 2 grounds are relevant.

3.

Using a short "holiday" tenancy to disguise an ordinary residential letting

Courts look at the substance of the arrangement, not the label. A tenancy used as someone’s only home, dressed up as a holiday letting to avoid tenant protection, does not qualify for the holiday letting exclusion and never did.

4.

Relying on a pre-2026 Ground 3 notice without checking the transitional rules

The transitional savings in Schedule 6 of the Renters’ Rights Act 2025 are time-limited and depend on precise dates. Treating an old notice as automatically still valid, without checking the applicable savings provision, risks a struck-out claim.

Practical Examples

Example 1 — How Ground 3 used to work (pre-2026)

A landlord let a Cornish holiday cottage to summer visitors from June to September. Over winter, they let it to a tenant on a 6-month fixed-term tenancy, having given written notice at the start that Ground 3 might be used. At the end of the 6 months, the tenant would not leave. The landlord served a Section 8 notice citing Ground 3, proved the fixed term, the prior notice, and the summer holiday use, and the court granted possession.

Example 2 — Why this no longer works in 2026

The same landlord, in October 2026, wants to let the cottage over winter under a residential tenancy. They can no longer grant a fixed-term tenancy at all; any tenancy they grant will be an assured periodic tenancy from day one. If a winter tenant refuses to leave once the holiday season approaches, Ground 3 is not available. The landlord would need an active ground, such as Ground 1A if genuinely selling, or would need to have kept the winter arrangement as a licence rather than a tenancy in the first place.

Example 3 — A genuine holiday letting, no notice needed

A family books a two-week stay in a coastal apartment through a holiday letting platform. This was never an assured tenancy, before or after the 2026 reforms, because genuine holiday lettings are excluded from the assured tenancy regime under the Housing Act 1988. No Section 8 notice, and no Ground 3, was ever relevant to ending this kind of booking.

About This Guide

📚

Methodology

This guide is based on the text of Schedule 2 to the Housing Act 1988 as published on legislation.gov.uk, including its amendment notes, the Renters’ Rights Act 2025 and its Schedules 1 and 6, and the commencement regulations bringing the Act into force. We check the current, annotated legislation text directly rather than relying on secondary summaries for repeal and commencement dates.

🇬🇧

England only

Section 8 of the Housing Act 1988, and its repeal of Ground 3, apply to assured tenancies in England. Wales, Scotland, and Northern Ireland have separate housing legislation and are outside the scope of this guide.

⚠️

Not legal advice

This guide provides general legal information only, not independent legal advice. If you are relying on a notice served close to the 1 May 2026 commencement date, or if your situation involves a genuine holiday letting that is being disputed, consult a housing solicitor.

External references: Housing Act 1988 Schedule 2 — legislation.gov.uk · Renters' Rights Act 2025 — legislation.gov.uk · GOV.UK — Evicting tenants · GOV.UK — Renting out a property · Find a housing solicitor — Law Society
OD

Reviewed by OfficeDraft Editorial Team

Our editorial team checks every Section 8 ground guide against the current, annotated text of the Housing Act 1988 and the Renters' Rights Act 2025, and updates guides promptly when grounds are added, amended, or repealed. This page was last reviewed in July 2026, confirming Ground 3's repeal against the current legislation.gov.uk text.

Last Updated: July 2026

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Frequently Asked Questions — Section 8 Ground 3 Holiday Let

What was Section 8 Ground 3 used for?▾
Ground 3 let a landlord recover a property let on a short fixed-term tenancy of up to 8 months, where the same property had been used as a genuine holiday let at some point in the 12 months before that tenancy began. It existed to cover the gap between holiday seasons, when a landlord let the property short-term over winter rather than leaving it empty, without accidentally creating long-term tenant protection.
Is Section 8 Ground 3 still available in 2026?▾
No. Ground 3 was repealed from 1 May 2026 by the Renters’ Rights Act 2025. It depended entirely on fixed-term assured tenancies, and the Act abolished fixed terms for assured tenancies in England, converting existing tenancies to rolling periodic tenancies. Since the underlying tenancy type no longer exists, Ground 3 cannot be cited on a notice for a tenancy created on or after that date.
Why was Ground 3 repealed?▾
Ground 3 only made sense where a landlord could grant a genuinely fixed-term tenancy. The Renters’ Rights Act 2025 removed fixed terms from the assured tenancy system entirely, moving every tenancy onto a rolling periodic basis from the outset. With no fixed-term tenancy able to exist, the core condition of Ground 3 could never be satisfied, so Parliament omitted the ground from Schedule 2.
Was Ground 3 mandatory or discretionary?▾
Mandatory. Once a landlord proved the fixed term, the prior written notice, and the prior holiday occupation, the court had no discretion to refuse possession.
What counted as a holiday let for Ground 3 purposes?▾
The property had to have been occupied under a genuine right to occupy it for a holiday at some point in the 12 months before the fixed-term tenancy began. This was a factual question about the real nature of the prior occupation, not simply a label attached to the agreement.
Can I still rely on a Ground 3 notice served before 1 May 2026?▾
Possibly, depending on the transitional savings set out in Schedule 6 of the Renters’ Rights Act 2025, which protect some notices and claims that were already in progress when the Act commenced. The rules are detailed and time-limited, so get advice from a housing solicitor rather than assuming an old notice is automatically still good.
What should a holiday-let landlord do now instead of Ground 3?▾
A genuine holiday letting is excluded from the assured tenancy regime altogether under the Housing Act 1988, so it never needed a Section 8 notice to end it; it simply ends when the licence or holiday agreement period is up. The situation Ground 3 was designed for, an off-season letting accidentally becoming a protected tenancy, is best avoided now by using a clear short-term licence or holiday letting agreement for any off-season use of the property, rather than granting a residential tenancy.
How is Ground 3 different from Ground 1 and Ground 6?▾
Ground 1 covers a landlord, or a qualifying family member, moving into a property as their main home. Ground 6 covers demolition or substantial redevelopment that cannot happen with a tenant in occupation. Ground 3 was much narrower: it only applied to a short fixed-term letting that immediately followed genuine holiday use of the same property, a specific and uncommon scenario even before it was repealed.

Related Section 8 Guides & Tools

→Section 8 Notice Generator — Main Tool→Form 3A Generator — England→Section 8 Notice for Moving Back In (Ground 1)→Section 8 Ground 4A — Student HMO Lettings→Section 8 Ground 6 — Redevelopment→Section 8 Ground 1A — Landlord Selling Property→Section 8 Ground 1B — Redevelopment→Section 8 Multiple Grounds Generator→Section 8 vs Section 21 — The Difference in 2026→Renters’ Rights Act — Complete Guide for Landlords→Section 21 Abolished — What Landlords Do Now→Section 8 Notice for Rent Arrears (Ground 8, 8A, 10, 11)

⚠ Legal disclaimer

This guide explains the history and repeal of Section 8 Ground 3 for general information only, and it is not independent legal advice. If you believe a transitional saving provision may still allow you to rely on a Ground 3 notice, or if you have a dispute over whether a letting is genuinely a holiday letting, seek advice from a qualified housing solicitor. A directory of solicitors is available at solicitors.lawsociety.org.uk.

Last updated: July 2026 · Reviewed by OfficeDraft Editorial Team · About OfficeDraft

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