Section 21 has been abolished. Since 1 May 2026, under the Renters' Rights Act 2025, landlords in England can no longer serve a Section 21 “no-fault” notice. Any Section 21 notice served on or after that date is invalid. All possession claims must now go through Section 8.
Regaining Possession After Section 21 Abolition (2026)
The Renters' Rights Act 2025 abolished no-fault evictions and converted all assured shorthold tenancies into periodic assured tenancies. To regain possession, landlords must now rely on a specific legal ground under Section 8 of the Housing Act 1988. This guide explains the grounds, the notice periods, and the court process.
How Possession Works Now
Every new and existing residential tenancy is now an assured periodic tenancy with no fixed end date. A tenant can leave at any time by giving two months' written notice. A landlord can only seek possession by proving one of the grounds set out in Schedule 2 to the Housing Act 1988 and serving a valid Section 8 notice.
- Identify a valid Schedule 2 ground that applies to your situation
- Serve a Section 8 notice stating each ground and the supporting particulars
- Wait for the notice period to expire (this varies by ground)
- Apply to the county court for a possession order if the tenant does not leave
Common Section 8 Grounds for Possession
Grounds are either mandatory (the court must grant possession if proven) or discretionary (the court decides if it is reasonable). The most commonly used grounds include:
Ground 8 (mandatory)
Serious rent arrears — at least three months' arrears at both the date of notice and the date of hearing.
Ground 1A (mandatory)
The landlord intends to sell the property. Cannot be used in the first 12 months of the tenancy.
Ground 1 (mandatory)
The landlord or a close family member intends to move into the property to live.
Grounds 10 & 11 (discretionary)
Some rent arrears, or persistent late payment of rent even if cleared by the hearing.
Ground 12 (discretionary)
Breach of a term of the tenancy agreement other than rent.
Ground 14 (discretionary)
Anti-social behaviour or nuisance caused by the tenant or their visitors.
Notice Periods and Preconditions
The notice period depends on the ground relied upon, and certain preconditions still apply before a court will grant possession:
How to Serve a Section 8 Notice
A Section 8 notice must be served using the prescribed Form 3 (available free from gov.uk). You should:
- 1.Complete Form 3 with the property address, tenant names, and each Schedule 2 ground relied upon
- 2.Set out the full particulars (facts) supporting every ground you cite
- 3.State the earliest date you can apply to court, based on the longest applicable notice period
- 4.Serve the notice as set out in the tenancy agreement and keep proof of service
Use Form 3 and cite valid grounds. A notice with no valid ground, or the old Form 6A / Section 21 notice, will be rejected. Scotland and Wales have separate regimes.
If the Tenant Does Not Leave
A Section 8 notice does not automatically remove the tenant. If they do not leave once the notice period expires, you must apply to the county court for a possession order:
Standard Possession Order
The route for Section 8 claims. The court holds a hearing to consider the grounds and evidence. Mandatory grounds must be granted if proven; discretionary grounds are decided on reasonableness.
Warrant of Possession
If the tenant still does not leave after a possession order, you can apply for a warrant so that county court bailiffs carry out the eviction.
Self-help eviction — changing the locks, removing belongings, or cutting off utilities — is illegal and constitutes unlawful eviction, which carries criminal penalties.