Section 21 is gone from 1st May 2026. Here is how to serve a Section 8 notice correctly under the Renters' Rights Act 2025 new rules.
From 1st May 2026, Section 21 no-fault evictions are abolished. The only way to regain possession of your rental property is through a Section 8 notice using one of the legally prescribed grounds. Here is how to do it correctly under the new rules.
A Section 8 notice is a formal legal document that tells your tenant you intend to seek possession of your property. Unlike Section 21, you must have a valid legal reason — called a "ground" — to serve it.
Under the Renters' Rights Act 2025, the grounds for possession have been updated and expanded. Getting the notice wrong can mean the courts throw it out, so it is essential to follow the correct process.
Ground 8 — Rent Arrears
This is the most commonly used ground. Under the new rules, your tenant must be at least three months in arrears at the date you serve the notice AND at the date of the court hearing. Previously it was two months — this has been made harder for landlords.
Notice period: 4 weeks
Ground 1 — Landlord wants to move in
You can use this ground if you or a close family member intends to live in the property as their main home. It cannot be used in the first 12 months of a tenancy.
Notice period: 4 months
Ground 1A — Landlord wants to sell
If you intend to sell the property with vacant possession. Again, cannot be used in the first 12 months of a tenancy.
Notice period: 4 months
Ground 14 — Anti-social behaviour
If your tenant or someone living with them is causing nuisance, annoyance or harassment to neighbours or others.
Notice period: 2 weeks
Ground 4A — Student lets
For purpose-built student accommodation. The tenancy must end between 1st June and 30th September.
Notice period: 4 months
Step 1 — Use the correct form
You must use the official prescribed form — currently Form 3. Make sure you are using the updated version that reflects the Renters' Rights Act 2025 changes. Using an outdated form can invalidate your notice.
Step 2 — State the correct ground
Clearly identify which ground or grounds you are relying on. If using Ground 8 for rent arrears, state the exact amount of arrears at the date of the notice.
Step 3 — Give the correct notice period
Each ground has a different notice period. Serving a notice with the wrong notice period is one of the most common mistakes landlords make.
Step 4 — Serve the notice correctly
Deliver the notice by one of these methods:
Keep proof of service — take a photo, get a signature, or keep the email sent receipt.
Step 5 — Wait for the notice period to expire
You cannot apply to the court until the notice period has fully expired. If you apply too early the court will reject your application.
Step 6 — Apply to court if the tenant does not leave
If the tenant remains after the notice period expires, you must apply to the county court for a possession order. You cannot remove the tenant yourself — this is illegal.
Possession proceedings are legally complex. If you are unsure, always seek advice from a qualified solicitor who specialises in landlord and tenant law.
Register free at RentersRightsAct.info for plain-English guides, compliance reminders, and updates on the Renters' Rights Act 2025.