Section 21 is abolished on 1st May 2026. From that date, Section 8 is the only legal route to possession. Here is everything private landlords in England need to know about the new rules, grounds and notice periods.
From 1st May 2026, Section 21 no-fault eviction is permanently abolished under the Renters' Rights Act 2025. From that date, Section 8 is the only legal route for landlords in England to recover possession of a rental property.
This is the biggest change to English tenancy law in over 30 years. If you are a private landlord, you need to understand how Section 8 works, which grounds apply to your situation, and what notice periods are required — before you ever need to use them.
This guide covers everything you need to know.
A Section 8 notice is a formal legal notice served on a tenant to begin the process of recovering possession of a rental property. It is served under Section 8 of the Housing Act 1988.
Unlike Section 21, a Section 8 notice must be based on a specific legal ground. You cannot simply serve notice without a reason. The grounds are set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025.
If the tenant does not leave by the end of the notice period, you must apply to the court for a possession order. The court will only grant the order if you can prove the ground applies.
The Renters' Rights Act 2025 makes significant changes to Section 8:
Section 8 grounds fall into two categories.
Mandatory grounds — if you prove the ground applies, the court must grant possession. There is no discretion.
Discretionary grounds — even if you prove the ground applies, the court decides whether it is reasonable to grant possession. The judge can take into account the tenant's circumstances and may refuse or suspend the order.
Understanding which type of ground you are relying on is critical before you serve a notice.
The most commonly used ground. The tenant must owe at least 3 months' rent at both the date the notice is served AND the date of the court hearing.
Notice period: 4 weeks minimum
Important: if the arrears fall below 3 months before the hearing — even by a small amount — Ground 8 fails. Many landlords also include Grounds 10 and 11 on the same notice as a safety net.
Also important: arrears caused solely by unpaid Universal Credit housing element that the tenant was entitled to receive are disregarded when calculating the 3-month threshold.
Used where some rent is unpaid but the arrears do not reach the Ground 8 threshold. Often used alongside Ground 8.
Notice period: 4 weeks minimum
The court will consider whether it is reasonable to grant possession given the amount of arrears and the tenant's circumstances.
Used where the tenant consistently pays rent late, even if not always in arrears. There is no minimum arrears amount — it is about the pattern of behaviour.
Notice period: 4 weeks minimum
Evidence of a payment history showing persistent delay is essential.
Used where the tenant or a person living at or visiting the property has caused nuisance, annoyance or harassment to neighbours or others in the locality, or has been convicted of a housing-related offence.
Notice period: 2 weeks minimum (proceedings can begin immediately in serious cases under Ground 7A)
Used where the landlord or a close family member requires the property as their only or principal home.
Notice period: 4 months minimum
Cannot be used in the first 12 months of the tenancy. A landlord can serve the notice after 8 months so that it expires after the 12-month mark.
A brand new ground introduced by the Renters' Rights Act 2025. Used where the landlord intends to sell the property with vacant possession.
Notice period: 4 months minimum
Cannot be used in the first 12 months of the tenancy.
If possession is obtained on this ground, the property cannot be re-let for 12 months from the later of the date specified in the notice or the date court proceedings are filed. Misusing this ground can result in a fine of up to £40,000.
Before serving a Section 8 notice, you must have:
| Ground | Type | Notice Period |
|---|---|---|
| Ground 8 — 3 months+ arrears | Mandatory | 4 weeks |
| Ground 10 — some rent unpaid | Discretionary | 4 weeks |
| Ground 11 — persistent late payment | Discretionary | 4 weeks |
| Ground 14 — anti-social behaviour | Discretionary | 2 weeks |
| Ground 1 — landlord/family occupation | Mandatory | 4 months |
| Ground 1A — landlord intends to sell | Mandatory | 4 months |
If the tenant does not leave by the date specified in the notice, you must apply to the county court for a possession order. You cannot physically remove a tenant without a court order — doing so is a criminal offence.
Court timelines are expected to increase after 1st May 2026 as more landlords use Section 8. Plan accordingly.
RentersRightsAct.info offers an AI-powered Section 8 Notice generator, updated for the Renters' Rights Act 2025. Enter your details and generate a legally structured notice in seconds.
Try the Section 8 generator — free demo available
General information only — not legal advice. Always consult a qualified solicitor before serving legal notices.
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General information only — not legal advice