Section 8 Notice for Company Lets — Does It Apply?

A Section 8 notice for a company let is one of the most commonly misunderstood areas of landlord and tenant law in England. In most cases a Section 8 notice cannot be served on a company tenant — but the rules are more nuanced than many landlords realise. This guide explains exactly when the Housing Act 1988 applies, when it does not, what the correct possession route is for corporate tenants, and which documents you should use instead. Updated June 2026.

⚠ Key distinction

Section 8 = individual tenants only

Company let = different legal route

England only

Last editorial review: 17 June 2026

⚠ Section 8 does NOT apply to company lets in most cases✓ Common law possession route explained✓ Individual vs company tenant — key distinction✓ Updated for Renters' Rights Act 2025✓ Section 21 abolished — Section 8 for assured tenancies only

Section 8 Notice Generator — For Assured & Assured Shorthold Tenancies

If your tenancy IS an assured tenancy (individual tenant), use this generator · Form 3A format · England only

⚠ Before you proceed — check your tenancy type

This generator produces a Form 3A Section 8 notice valid for assured and assured shorthold tenancies where the tenant is an individual. If the tenant is a limited company or other corporate body, Section 8 does not apply and you should read the guide below before generating any document. Scroll down to understand the correct possession route for company lets.

Select possession ground

Choose the legal reason you are seeking possession.

MANDATORY

Court must grant possession if ground is proven

DISCRETIONARY

Court decides whether to grant possession

Can You Serve a Section 8 Notice on a Company Let?

The short answer is: in most cases, no. A Section 8 notice under the Housing Act 1988 can only be served on an assured tenancy or an assured shorthold tenancy. These are statutory categories that require the tenant to be an individual person.

Where the tenant is a limited company — as is the case in a typical company let arrangement — the tenancy cannot be an assured tenancy. This is because Section 1(1) of the Housing Act 1988 expressly requires the tenant to be “an individual” occupying the dwelling as their only or principal home. A company, being a legal entity rather than a natural person, cannot satisfy this test.

As a result, the entire Section 8 framework — the Schedule 2 grounds, the Form 3A notice requirement, the mandatory and discretionary grounds, and the specific notice periods — does not apply to company let agreements.

🏛 Legal basis

The assured tenancy framework is set out in Section 1 of the Housing Act 1988. Schedule 1 to the Act sets out categories of tenancy that cannot be assured tenancies, which includes tenancies where the tenant is not an individual. The common law position on company lets is also confirmed in the Law of Property Act 1925, which governs contractual tenancies outside the statutory residential regime.

What Is a Company Let Agreement? Key Differences from an Assured Tenancy

A company let (also called a corporate tenancy) is an arrangement where a limited company or other legal entity — rather than an individual — enters into a tenancy agreement as the named tenant. This is common in several situations:

🏢

Corporate relocation

A company rents a property to house an employee or executive who is relocating temporarily for work. The company is the tenant; the employee is the occupier.

🏨

Serviced accommodation operators

A company takes a property from a landlord on a company let and then sub-licences individual rooms or nights to guests. The company sits between the landlord and the end occupier.

🔑

Landlord structure

Some landlords insist on company let agreements to avoid the Housing Act 1988 protections for individual tenants. Courts can look behind the arrangement if it appears to be a sham.

The table below compares the legal framework that applies to an assured shorthold tenancy (where Section 8 applies) versus a company let (where it does not):

FeatureAssured Shorthold TenancyCompany Let
Tenant typeIndividual personLimited company or corporate body
Governed byHousing Act 1988Common law / contract / Law of Property Act 1925
Section 8 notice applies?✓ Yes — Form 3A✗ No
Section 21 notice applies?✗ Abolished May 2026✗ Never applied
Possession routeSection 8 grounds (Schedule 2, Housing Act 1988)Contractual terms, forfeiture, or Part 55 CPR court claim
Security of tenureStatutory protection under Housing Act 1988Contractual only — no statutory security of tenure
Deposit protection rules✓ Required — government-approved scheme within 30 days✗ Not required under the deposit protection legislation
Right to Rent checks✓ Required for individual occupiersRequired for any individual occupying the property, regardless of company let structure

Source: Housing Act 1988 — legislation.gov.uk ↗ · Renters' Rights Act 2025 — legislation.gov.uk ↗

When the Line Between a Company Let and an Assured Tenancy Becomes Blurred

The legal distinction between a company let and an assured tenancy is not always as clear as a document heading suggests. Courts in England look at the substance of an arrangement — not just its label. The following situations create genuine legal ambiguity that requires careful analysis:

High risk

Company let agreement but individual named as tenant

If the tenancy agreement names an individual (rather than a company) as the tenant — even if the property is being used for corporate accommodation purposes — the tenancy is likely to be an assured shorthold tenancy. Section 8 and the Housing Act 1988 will apply. Using a company let agreement does not override who is actually named as the tenant.

High risk

Company let structured to avoid Housing Act protections

Courts can look beyond the label of an agreement to its substance. If a company let appears to be a sham designed to deprive an individual of Housing Act rights, a court may find that the actual occupier holds an assured tenancy. Seek specialist advice before relying on a company let structure as a way of bypassing tenant protections.

Medium risk

Registered company as tenant, company dissolved or struck off

If the tenant company has been dissolved, the tenancy agreement may have become frustrated or vested in the Crown as bona vacantia. The landlord should seek legal advice before taking any action — including possession — in this scenario.

Low risk

Company let with individual guarantor

Many company let agreements include a personal guarantee from a director or officer. This does not change the tenancy type — the tenant is still the company — but it gives the landlord an additional remedy against the guarantor for unpaid rent or breaches of covenant.

Medium risk

Corporate tenant subleases to individual employees

Where a company has sub-let or licensed individual rooms or properties to its employees, those employees may have acquired their own occupancy rights. The position depends on whether the subletting was authorised by the head lease and the terms of any sub-tenancy. Seek legal advice before attempting to evict individual occupiers.

⚠ The “sham company let” risk

Courts have the power to look behind a company let agreement if they consider it was designed purely to deprive an individual of their statutory housing rights. The leading case in this area, Antoniades v Villiers [1990] 1 AC 417, established that courts will examine the true nature of an agreement rather than accept its stated form. Landlords should not use a company let structure purely as a device to sidestep the Housing Act 1988 where the occupier is an individual — seek legal advice if there is any doubt about your arrangement.

How to Evict a Company Tenant — The Correct Possession Routes

Because Section 8 does not apply to company lets, landlords must rely on contractual and common law remedies. The right route depends on the terms of the company let agreement and the reason for seeking possession.

✓ Valid route

Contractual notice to quit

When it applies

Tenancy has expired or is periodic

How it works

Serve a formal contractual notice to quit in accordance with the notice period set out in the company let agreement. This is the cleanest route where the fixed term has ended. No court involvement required if the company vacates voluntarily.

✓ Valid route

Exercise a break clause

When it applies

Agreement contains a landlord break clause

How it works

Many well-drafted company let agreements include a landlord break clause allowing possession on a specified date. Serve written notice strictly in accordance with the clause — courts apply break clause requirements strictly; any defect (wrong date, wrong addressee) may invalidate the break.

✗ Does not apply

Forfeiture for breach of covenant

When it applies

Tenant has breached the tenancy agreement (e.g. non-payment of rent)

How it works

For longer company leases, the landlord may have a right of re-entry or forfeiture. Forfeiture can be exercised peaceably (by changing the locks) only for non-residential premises. For mixed-use or residential properties, court forfeiture proceedings are required to avoid an unlawful eviction claim.

✓ Valid route

Part 55 CPR possession claim

When it applies

Tenant refuses to vacate after contractual notice

How it works

File a possession claim at the county court under Part 55 of the Civil Procedure Rules. For rent arrears, also issue a money claim for the outstanding debt. This is the required court route for company lets where the tenant does not leave voluntarily.

✗ Does not apply

Section 8 notice (Housing Act 1988)

When it applies

Tenancy is an assured or assured shorthold tenancy

How it works

Section 8 applies only to assured tenancies where the tenant is an individual. It does not apply to company lets. Serving a Section 8 notice on a company tenant is likely to be invalid and should not be relied upon in possession proceedings.

📌 Practical example — company tenant in arrears

A landlord in Manchester let a three-bedroom property to ABC Consulting Ltd under a company let agreement in September 2024. By March 2026, the company owed three months' rent. The landlord cannot serve a Section 8 notice — the tenant is a company, not an individual. Instead, the landlord serves a formal written demand for the arrears using a rent arrears demand letter giving 14 days to pay. When ABC Consulting Ltd does not pay, the landlord issues a county court possession claim under Part 55 CPR and a separate money claim for the arrears. The court grants both orders. The landlord does not serve a Section 8 notice at any stage.

How the Renters' Rights Act 2025 Affects Company Let Possession

The Renters' Rights Act 2025, which came into force on 1 May 2026, made sweeping changes to residential tenancy law in England — including abolishing Section 21 no-fault evictions, introducing new Section 8 grounds, and replacing Form 3 with the new Form 3A for all Section 8 notices.

However, these changes do not affect company lets. The Renters' Rights Act 2025 amended the Housing Act 1988, which continues to apply only to assured tenancies where the tenant is an individual. Company lets remain governed by contract law and common law possession remedies — unchanged by the 2025 Act.

✓ What changed for individual tenancies

  • Section 21 no-fault eviction abolished from 1 May 2026
  • New Form 3A required for all Section 8 notices
  • New mandatory grounds added (Ground 1A, Ground 4A, Ground 8A)
  • Expanded family member rules under Ground 1
  • All existing periodic tenancies converted to new regime

→ What stayed the same for company lets

  • Company lets are not assured tenancies — no change
  • Section 8 still does not apply to company tenants
  • Possession route remains contractual and common law
  • Part 55 CPR court claim still required if tenant refuses to vacate
  • No equivalent to Section 21 was ever available for company lets

📖 Further reading — Renters' Rights Act 2025

For the full text of the Act and its amendments to the Housing Act 1988: Renters' Rights Act 2025 — legislation.gov.uk ↗. For GOV.UK guidance on the possession process: GOV.UK — Evicting tenants ↗.

Documents Landlords Need for Company Let Possession Proceedings

The exact documents required depend on the possession route — contractual notice, court claim, or both. Here are the key documents at each stage of a company tenancy possession.

1

Company Let Agreement

The contractual foundation. Sets out notice periods, break clauses, rent obligations, and the basis for possession.

2

Formal Rent Arrears Demand Letter

Before issuing a possession claim for unpaid rent, serve a formal written demand giving the company a specified period to pay.

Rent Arrears Letter Generator →
3

Contractual Notice to Quit

Formal written notice served in accordance with the notice period in the company let agreement, triggering the start of the possession process.

4

Section 8 Notice — Form 3A

Only applicable where the tenant is an individual holding an assured tenancy — not a company let. Use our generator if the tenancy is an assured shorthold tenancy.

Section 8 Notice Generator →
5

Certificate of Service

Evidence that any notice, demand, or court document was correctly served on the company tenant. Essential for county court proceedings.

→ Section 8 Notice Generator (assured tenancies)→ Rent Arrears Letter Generator→ Section 8 for Rent Arrears (individual tenants)

Step-by-Step Guide to Recovering Possession from a Company Tenant

Step 1 — Confirm the tenancy type

Check your tenancy agreement. Is the named tenant a limited company, LLP, or other corporate entity? If yes, Section 8 does not apply. If the tenant is an individual — regardless of whether the agreement uses the phrase “company let” — the Housing Act 1988 may apply. Check this before serving any notice.

Step 2 — Review the company let agreement

Identify: (a) the notice period for termination; (b) whether there is a break clause; (c) whether there is a forfeiture or re-entry clause; and (d) the rent payment terms. These provisions determine which possession route is available to you.

Step 3 — Serve a formal demand (rent arrears cases)

If the reason for possession is unpaid rent, serve a formal written rent arrears demand on the company, specifying the total outstanding, the period it covers, and a clear deadline for payment. Retain a copy and proof of service. Use our Rent Arrears Letter Generator →

Step 4 — Serve a contractual notice to quit or exercise a break clause

Serve a formal written contractual notice in strict accordance with the agreement terms. Specify the date on which the tenancy is to end — this must satisfy the notice period in the agreement and must expire on the correct day (check whether the agreement specifies the last day of a period of the tenancy). Keep proof of service.

Step 5 — Issue a county court possession claim if the company does not vacate

If the company remains in occupation after the notice expires, file a possession claim under Part 55 of the Civil Procedure Rules at the county court covering the property. For rent arrears, also issue a money claim. The court will list a hearing and, if your claim is proved, issue a possession order and (where applicable) a money judgment.

Step 6 — Enforce the possession order

After a possession order is granted, if the company still does not vacate, apply for a warrant of possession (Form N325) to enforce the order through county court bailiffs. Do not attempt to remove the tenant, their belongings, or change the locks without a valid court order — this is an unlawful eviction regardless of whether the tenant is an individual or a company.

When a Section 8 Notice IS the Right Tool — Assured Tenancy Checklist

If, after reviewing your tenancy agreement, you determine that the tenant is an individual — and the tenancy is an assured shorthold tenancy — then Section 8 is the correct possession route. The checklist below helps you confirm this before generating a notice.

✓The named tenant is an individual person (not a company)
✓The property is in England
✓The tenant occupies the property as their only or main home
✓The annual rent is between £1,000 and £100,000
✓The tenancy started on or after 15 January 1989
✓The tenancy is not excluded (e.g. resident landlord, student hall of residence)
✗The named tenant is a limited company
✗The tenancy is a commercial or business lease

If all the green checks apply to your situation, you can proceed with a Section 8 notice using Form 3A. Use our generator above to produce a court-ready notice automatically. All Schedule 2 grounds are covered — including Ground 8 (rent arrears), Ground 1 (moving back in), and Ground 1A (selling the property).

About This Guide

🔄

Updated June 2026

This guide reflects the legal position following the Renters' Rights Act 2025, in force from 1 May 2026, including the abolition of Section 21 and the introduction of Form 3A for all Section 8 notices. Last editorial review: 17 June 2026.

🇬🇧

England only

The Housing Act 1988 and the Renters' Rights Act 2025 apply in England. Wales uses the Renting Homes (Wales) Act 2016 with separate rules. Scotland and Northern Ireland have their own legislation governing residential and commercial tenancies.

⚠️

Not legal advice

This guide provides general legal information only. Company let possession disputes, sham tenancy allegations, and cases involving dissolved companies are complex. Always seek independent advice from a qualified housing or commercial property solicitor before serving any notice.

OD

OfficeDraft Legal Team

Our team monitors UK housing and commercial tenancy legislation and updates all document generators and guides to reflect current requirements. This guide was authored and last reviewed in June 2026. It covers the legal position on company let possession following the implementation of the Renters' Rights Act 2025.

About OfficeDraft →
External references: Housing Act 1988 — legislation.gov.uk · Renters' Rights Act 2025 — legislation.gov.uk · Law of Property Act 1925 — legislation.gov.uk · GOV.UK — Evicting tenants · GOV.UK — Possession claims guide for landlords · Find a housing solicitor — Law Society

Frequently Asked Questions — Section 8 Notice Company Let

Can a landlord serve a Section 8 notice on a company let?▾
In most cases, no. A Section 8 notice under the Housing Act 1988 can only be served on an assured or assured shorthold tenancy. A company let — where the tenant is a limited company or other corporate entity — cannot be an assured tenancy, because the Housing Act 1988 requires the tenant to be an individual. The landlord must instead rely on the terms of the tenancy agreement and common law remedies, or a court order for possession under Part 55 of the Civil Procedure Rules.
When does the Housing Act 1988 apply to a company let?▾
The Housing Act 1988 does not apply where the tenant is a company. However, complications arise where a company let agreement has been used but the actual named tenant is an individual. Courts look at the substance of the arrangement — not just the document label. If an individual is actually named as the tenant, the Housing Act 1988 will apply regardless of how the agreement is titled. Seek legal advice if there is any doubt about the nature of the tenancy.
What is the correct way to evict a company tenant in England?▾
The correct route depends on the terms of the company let agreement. If the agreement includes a break clause or forfeiture provision, the landlord can exercise that right with written notice. If there are rent arrears or a breach of covenant, the landlord can issue a formal demand letter and, if unpaid, apply to the county court for a possession order under Part 55 CPR. Section 8 and Section 21 notices do not apply to company lets.
What happens if I served a Section 8 notice on a company tenant by mistake?▾
A Section 8 notice served on a company tenant is likely to be invalid and unenforceable, because company lets are not assured tenancies. Do not rely on that notice to support a possession claim. Seek independent legal advice about the correct steps — which will depend on the terms of your company let agreement and the reason for seeking possession.
Can I use a Section 8 notice if a company is renting a property for an employee to live in?▾
Generally no. Even where a company rents a property for an individual employee to occupy, the tenant in law is the company — not the individual. Because the tenant is a company rather than an individual, the tenancy cannot be assured, and Section 8 does not apply. The correct route is via the company let agreement terms and, if necessary, a Part 55 CPR court possession claim. If the individual employee holds the tenancy directly rather than the company, the position may be different — seek legal advice.

⚠ Legal disclaimer

OfficeDraft provides general legal information and document generation tools for UK landlords and property managers. This guide is intended to inform, not to constitute independent legal advice. Company let disputes, sham tenancy arguments, forfeiture proceedings, and cases involving dissolved or insolvent company tenants are legally complex. Before serving any notice, issuing any court claim, or taking any step to recover possession from a corporate tenant, you should seek independent advice from a qualified housing or commercial property solicitor. A directory of specialists is available at solicitors.lawsociety.org.uk.

Last updated: June 2026 · Last editorial review: 17 June 2026 · Author: OfficeDraft Legal Team · About OfficeDraft

Related Guides & Tools

→Section 8 Notice Generator→Section 8 Notice for Rent Arrears (Ground 8, 8A, 10, 11)→Section 8 Notice for Moving Back In (Ground 1)→Section 8 Notice for Selling Property (Ground 1A)→Section 8 Ground 4A — Student HMO Possession→Section 8 Ground 8A — Repeated Rent Arrears (2026)→Section 8 Multiple Grounds Generator→Form 3A Complete Guide→Form 3A Generator — England→Section 8 Notice — HMO Landlords→Section 8 Notice — First Time Landlord→Possession Claim Guide (Form N5)

Need a Section 8 Notice for an Assured Tenancy?

If your tenant is an individual (not a company), use our generator to produce a court-ready Form 3A Section 8 notice. All Schedule 2 grounds covered — Ground 8, Ground 1, Ground 1A, and more. Notice period calculated automatically. From £19.99.

Generate Section 8 Notice →Rent Arrears Demand Letter →

Section 8 applies to assured tenancies (individual tenants) only · Form 3A format · England only