✦ Renters' Rights Act 2025 · Landlord Guide

Section 21 Abolished: What Landlords Should Do Now

Section 21 has been abolished — so this is what landlords should do now. Since 1 May 2026, "no-fault" evictions are gone, every assured shorthold tenancy has converted into an open-ended periodic tenancy, and Section 8 is the only way to regain possession in England. This guide explains exactly what changed under the Renters' Rights Act 2025, which Section 8 grounds and notice periods replace Section 21, the transitional deadlines still running in 2026, and the practical steps every landlord and letting agent needs to take right now.

Published 14 Nov 2025·Updated 18 June 2026·~22 min read·England
⚠ Section 21 abolished 1 May 2026⏳ 31 July 2026: transitional deadline✓ Section 8 + Form 3A is now the only route✓ Grounds & notice periods inside

Key takeaways

  • Section 21 "no-fault" evictions ended on 1 May 2026 under the Renters' Rights Act 2025; the last day a new notice could be served was 30 April 2026.
  • Every assured shorthold tenancy automatically converted to an open-ended assured periodic tenancy on 1 May 2026 — there is no fixed term to wait out any more.
  • Section 8 of the Housing Act 1988, served on the new Form 3A, is now the only way to recover possession — landlords must prove a specific statutory ground.
  • A valid Section 21 notice served before 1 May 2026 can still be used, but court proceedings must be issued by 31 July 2026 in almost all cases.
  • Notice periods now range from no minimum (Ground 7A/14) up to four months (Grounds 1, 1A and 2) — far longer than the old two-month Section 21 notice for several common grounds.

What Was Section 21?

Section 21 of the Housing Act 1988 allowed a landlord to end an assured shorthold tenancy (AST) without giving the tenant any reason at all, provided the correct form and notice period were used. This is why it became known as the "no-fault" eviction route: a landlord did not need to prove rent arrears, antisocial behaviour, or any other ground — they simply had to follow the procedure correctly.

Section 21 notices were served on Form 6A, generally required at least two months' notice, and — crucially — could be enforced through the accelerated possession procedure: a largely paperwork-only county court process that, in many cases, did not require a hearing at all. This made Section 21 the fastest and most predictable way for a landlord to recover a property, and by far the most commonly used possession route in England for over three decades.

That speed and certainty came at a cost for tenants: a landlord could end a tenancy for any reason, or no reason, including — campaigners argued — in response to a tenant raising a repair complaint. This tension between landlord flexibility and tenant security sat at the heart of the debate that ultimately led to Section 21's abolition.

Why Has Section 21 Been Abolished?

The push to abolish Section 21 spans two governments. The Conservative government's 2019 manifesto pledged to end "no-fault" evictions, leading to the Renters (Reform) Bill, which fell when Parliament was dissolved ahead of the 2024 general election. The incoming Labour government reintroduced the policy as the Renters' Rights Bill in September 2024, which became the Renters' Rights Act 2025 on receiving Royal Assent on 27 October 2025.

The stated policy aim was to give tenants greater security of tenure without removing a landlord's ability to recover their property for genuine reasons — selling, moving back in, serious arrears, or antisocial behaviour. Rather than abolishing possession altogether, the Act channels every possession claim through Section 8 and a defined, evidence-based list of grounds, removing only the no-reason-required route.

🏛 Legal basis

Section 2 of the Renters' Rights Act 2025 — legislation.gov.uk ↗ abolishes Section 21 by removing Chapter 2 of Part 1 of the Housing Act 1988 (assured shorthold tenancies). The official policy background is set out in the government's Guide to the Renters' Rights Act — GOV.UK ↗.

The Renters' Rights Act 2025: Key Reforms Affecting Landlords

Section 21's abolition is the headline change, but it sits inside a much wider package of reform. The most relevant changes for landlords, alongside the end of no-fault eviction, are:

Periodic tenancies only

Fixed-term assured shorthold tenancies are gone. Every tenancy — new or converted — is now an open-ended assured periodic tenancy with a rent period of no more than one month.

Tenant notice from day one

Tenants can give two months' notice to leave at any point, with no minimum stay required, unless the tenancy agreement allows for less.

Rent increase process

Rent can only be increased once a year via a Section 13 notice. Tenants can challenge an increase at the First-tier Tribunal, which cannot raise the rent beyond what the landlord proposed.

Rent in advance and deposits capped

Landlords cannot require more than one month's rent in advance, and deposits remain capped at the statutory limit.

Ban on rent bidding

Landlords and agents must advertise an asking rent and cannot accept offers above it.

Right to request a pet

Tenants can ask to keep a pet, and landlords cannot apply a blanket refusal — each request must be considered on its own merits.

Private Rented Sector Database

A new national landlord registration database, replacing local schemes, is being phased in from late 2026.

PRS Landlord Ombudsman

A new redress scheme for tenants, expected to launch after the Database, likely around 2028.

For most landlords, the practical day-to-day impact is dominated by two things: the change to how a tenancy ends (covered in detail below), and the new paperwork obligations that came with the 1 May 2026 commencement date — most urgently, the Information Sheet deadline of 31 May 2026.

Section 21 Abolished: Timeline of Key Dates for Landlords

The abolition of Section 21 did not happen on a single news headline — it followed a defined legislative timetable. Here is the sequence that matters for landlords.

1
27 October 2025Renters' Rights Act 2025 receives Royal Assent

The Bill becomes an Act of Parliament. Implementation begins in stages over the following months.

2
13 November 2025Government publishes the implementation roadmap

MHCLG confirms the "big bang" commencement date for the core tenancy reforms and launches a landlord communications campaign.

3
30 April 2026Last day a new Section 21 notice can be served

Any Section 21 notice served on or after 1 May 2026 has no legal effect.

4
1 May 2026Commencement date — Section 21 abolished

All existing assured shorthold tenancies convert automatically to assured periodic tenancies. Section 8 becomes the only possession route.

5
31 May 2026Deadline to issue the government's Information Sheet

Landlords with tenancies that existed before 1 May 2026 must give every tenant the official Information Sheet (and a written statement of terms where needed). Missing this deadline risks a civil penalty of up to £7,000.

6
31 July 2026Longstop deadline for pre-commencement Section 21 notices

The final date to issue court proceedings on a Section 21 notice served before 1 May 2026, for almost all cases. After this date, only Section 8 can be used.

7
Late 2026 onwardPrivate Rented Sector Database phased rollout

Mandatory landlord registration begins region by region, with full national rollout expected during 2027.

What Replaces Section 21?

Nothing replaces Section 21 directly — there is no new "no-fault" mechanism. Instead, two structural changes together form the replacement system:

1. Assured periodic tenancies

Every assured shorthold tenancy converted automatically into an open-ended assured periodic tenancy on 1 May 2026, and all new tenancies are periodic from the start. There is no fixed term to "come to an end," and therefore no Section 21 mechanism that could ever apply to them.

2. Section 8 as the sole route

Every possession claim — whatever the underlying reason — must now go through Section 8of the Housing Act 1988, citing one or more of the mandatory or discretionary grounds in Schedule 2, as expanded by the Renters' Rights Act 2025.

In practical terms, this means a landlord seeking possession for a reason that would previously have justified a quick, no-questions-asked Section 21 notice — such as wanting to sell, or simply wanting the tenancy to end — must now identify a specific ground (most often Ground 1A for selling, or Ground 1 for moving in), give a longer notice period, and be ready to support that ground with evidence if the case is contested.

How Does Section 8 Work After Section 21 Is Abolished?

Section 8 itself is not new — it has existed alongside Section 21 since the Housing Act 1988. What has changed is its role: it is now the onlypossession route, and the Renters' Rights Act 2025 expanded and re-priced almost every ground within it.

Three features define how Section 8 works in practice:

  • Mandatory vs discretionary grounds. Mandatory grounds (Part 1 of Schedule 2) require the court to order possession once the conditions are proved — there is no test of reasonableness. Discretionary grounds (Part 2) require the court to decide whether possession is reasonable in the circumstances.
  • Form 3A. Every Section 8 notice served from 1 May 2026 must use the new prescribed Form 3A, which replaced the previous Form 3 and sits alongside (rather than instead of) the abolished Form 6A used for Section 21.
  • Standard court process, not accelerated possession. The accelerated possession procedure was specific to Section 21. Section 8 claims proceed under Part 55 of the Civil Procedure Rules and, where the ground is disputed, typically require a court hearing at which the landlord must prove the ground relied on.

For most landlords, the single biggest practical shift is the move from "serve notice, file paperwork, get possession" under Section 21, to "identify a ground, gather evidence, serve notice, and be prepared to prove the ground in court" under Section 8.

Which Possession Grounds Should Landlords Use Now?

Schedule 2 to the Housing Act 1988 sets out a long list of grounds, including several specialist ones for social housing, agricultural workers, and superior leases that fall outside most private landlords' needs. The table below focuses on the grounds private landlords rely on most often, with the notice period for each as it applies from 1 May 2026.

Mandatory grounds — the court must order possession if proved

GroundWhat it coversNotice periodKey condition
Ground 1Landlord or close family moving in4 monthsCannot be used in the tenancy's first 12 months. 12-month restriction on re-letting afterwards.
Ground 1ALandlord intends to sell4 monthsNew ground introduced by the Renters' Rights Act 2025. Same 12-month protections and re-letting restriction as Ground 1.
Ground 2Mortgage lender exercising a power of sale4 monthsIncreased from 2 months. No longer requires the mortgage to pre-date the tenancy.
Ground 4AStudent HMO — re-letting for the new academic year4 months (2 months for some transitional notices)Requires prior written notice to the tenant and a genuine intention to re-let to a student.
Ground 6Demolition or substantial redevelopment4 monthsLandlord must show the works cannot reasonably be carried out with the tenant in occupation.
Ground 7Death of the tenant (succession by will or intestacy)2 monthsProceedings must start within 12 months of the death, or of the landlord becoming aware of it.
Ground 7ASerious antisocial behaviourNo minimum noticeCourt cannot order possession to take effect within 14 days of the notice. Notice cannot be dispensed with.
Ground 7BNo right to rent (Home Office notice)2 weeksRequires a written notice from the Secretary of State first. Notice cannot be dispensed with.
Ground 8Serious rent arrears4 weeks3 months' arrears (13 weeks if paid weekly/fortnightly), at notice and at the hearing. Notice cannot be dispensed with.

Discretionary grounds — the court decides whether eviction is reasonable

GroundWhat it coversNotice periodKey condition
Ground 10Rent arrears (any amount)4 weeksUsually cited alongside Ground 8 as a fallback if arrears fall below the mandatory threshold.
Ground 11Persistent late payment of rent4 weeksUseful where a tenant repeatedly pays late even if the account is currently clear.
Ground 12Breach of a term of the tenancy2 weeksCovers breaches other than rent — unauthorised subletting, pets in breach of terms, running a business, etc.
Ground 13Deterioration of the property through neglect2 weeksRequires evidence of neglect or default by the tenant or another occupier.
Ground 14Nuisance, annoyance, or illegal/immoral useNone — proceedings can start immediatelyThe broadest antisocial-behaviour ground; the court decides reasonableness.
Ground 17Tenancy obtained by a false statement2 weeksCovers tenancies granted because of knowingly or recklessly false information from the tenant.

Other specialist mandatory grounds exist for superior leases ending (Grounds 2ZA–2ZD), ministers of religion (Ground 5), agricultural workers (Ground 5A), employment-linked accommodation (Ground 5C), and supported or social housing (Grounds 5E–5H), which are outside the scope of most private lettings. See our full Section 8 grounds generator →

📌 Combining grounds on one notice

A landlord can — and often should — cite more than one ground on the same Form 3A notice. Where a notice relies on multiple grounds with different minimum notice periods, the longest period applies to the whole notice. Rent arrears notices commonly cite Ground 8 (mandatory) alongside Grounds 10 and 11 (discretionary) so the landlord still has an option if the arrears fall just below the mandatory threshold by the hearing date.

Transitional Arrangements: What If I Already Served a Section 21 Notice?

The Renters' Rights Act 2025 did not invalidate Section 21 notices served before the commencement date outright. Instead, Schedule 6 to the Act created a tightly time-limited transitional window.

📌 The transitional rule, in plain terms

If a landlord served a valid Section 21 notice before 1 May 2026, they can still issue a possession claim based on it — but only up until the earlier of:

  • Six months from the date the notice was served, or
  • Three months from the commencement date (1 May 2026)

In practice, the second limb is earlier for almost every notice served in the months before commencement, which is why 31 July 2026 has become the headline deadline landlords and agents are working to.

If proceedings are not issued by the applicable deadline, the Section 21 notice simply stops being usable. The tenancy does not end — the landlord must instead identify a Section 8 ground and start the process described in this guide from scratch, including serving a fresh Form 3A notice and observing whatever minimum notice period applies to the ground used.

A tenancy with a pre-commencement Section 21 or Section 8 notice still being acted on also has a knock-on effect: it remains an assured shorthold tenancy, rather than converting to an assured periodic tenancy, until those proceedings conclude — which is usually treated as the point a bailiff enforces any possession order, or the claim is otherwise resolved.

Tenant Rights Under the New System

  • Cannot be evicted under Ground 1 or Ground 1A within the first 12 months of their tenancy
  • Can give their landlord two months' notice to leave at any time, from day one of the tenancy
  • Must receive the correct minimum notice period on Form 3A for whichever ground is cited
  • Can challenge a rent increase at the First-tier Tribunal, which cannot increase the rent beyond what the landlord proposed
  • Can request to keep a pet, which the landlord can only refuse for a genuine reason
  • Are protected from "no-fault" eviction altogether — every possession claim now requires a specific, provable ground

Understanding what tenants can now expect is just as important for landlords as knowing the possession grounds — many of the "common mistakes" covered later in this guide come from landlords applying old Section 21 habits to a tenant who now has stronger statutory protection.

Landlord Obligations Now

  • Give every tenant with a pre-1 May 2026 tenancy the government's Information Sheet (and written statement of terms, where applicable) by 31 May 2026
  • Use Form 3A for every Section 8 notice served from 1 May 2026 onward
  • Keep rent, deposit and compliance records that can support a possession claim at a contested hearing
  • Cap rent in advance at one month and deposits at the statutory limit
  • Avoid accepting offers above the advertised rent (the rent-bidding ban)
  • Consider every reasonable pet request individually rather than applying a blanket ban
  • Prepare to register on the Private Rented Sector Database once mandatory registration goes live in your area
  • Observe the 12-month re-letting restriction after using Ground 1 or Ground 1A

⚠ The Information Sheet deadline

If your tenancy existed before 1 May 2026, you were required to give the tenant the government's official Information Sheet (and, where there is no full written tenancy agreement, a written statement of terms) by 31 May 2026. Missing this deadline can result in a civil penalty of up to £7,000 for a first failure, rising to £40,000 if the failure continues after a penalty has been issued.

Practical Landlord Examples

Example 1 — Selling the property

A landlord in Bristol decides in June 2026 to sell a flat let on a periodic tenancy that began in March 2025. Because the tenancy began more than 12 months before the notice will expire, the landlord can serve a Ground 1A notice giving four months' notice, supported by an estate agent instruction letter as evidence of genuine intent to sell. If the tenant remains after the notice expires, the landlord files a possession claim, and once possession is recovered, cannot re-let or re-market the property for 12 months.

Example 2 — Serious rent arrears

A tenant in Leeds falls three months behind on rent. The landlord serves a Form 3A notice citing Ground 8 (mandatory), Ground 10 and Ground 11 (discretionary) together, giving the four-week minimum notice for Ground 8. If the tenant pays down the arrears below three months before the hearing, Ground 8 falls away, but the landlord can still pursue Ground 10 on the remaining arrears, with the court deciding whether eviction is reasonable.

Example 3 — Landlord wants to move back in

A landlord in Manchester has let their only property while working abroad and now wants to return and live in it themselves. Because the current tenancy started 14 months ago, the 12-month protection period has passed, so the landlord can serve a Ground 1 notice with four months' notice. The landlord keeps correspondence confirming the return as evidence of genuine intention, since the court will not accept a bare assertion alone.

Example 4 — A Section 21 notice served just before the cut-off

A landlord in Birmingham served a valid Section 21 notice on 2 April 2026, before the abolition took effect. Because the notice was served within the transitional window, the landlord can still rely on it — but only if court proceedings are issued by the earlier of six months from service (2 October 2026) or three months from the commencement date (31 July 2026). In practice, that means the true deadline is 31 July 2026. Miss it, and the landlord must start again under Section 8.

Common Mistakes Landlords Are Making After Section 21's Abolition

These are the errors we see most often from landlords and agents adjusting to the new regime — several can invalidate a possession claim outright.

1.

Trying to serve a Section 21 notice after 30 April 2026

Any Section 21 notice served on or after 1 May 2026 has no legal effect whatsoever — there is no grace period.

2.

Missing the 31 July 2026 longstop for an existing Section 21 notice

A valid pre-commencement Section 21 notice becomes unusable once the transitional deadline passes. The landlord must start again under Section 8.

3.

Using the old Form 6A or the previous Form 3

From 1 May 2026, every Section 8 notice must be served on Form 3A. Notices on superseded forms are defective regardless of how accurately the content is completed.

4.

Serving a Ground 1 or 1A notice in the first 12 months of a tenancy

Both grounds are blocked during the tenancy's first year. A notice served too early will not support a valid claim, however genuine the landlord's intention.

5.

Assuming a mandatory ground removes the need for evidence

"Mandatory" means the court must order possession once the ground is proved — it does not remove the burden of proving it. Courts expect a rent ledger, sale evidence, or equivalent documentation.

6.

Re-letting too soon after using Ground 1 or 1A

A 12-month restriction applies on re-letting or marketing the property after possession is recovered under these grounds. Breaching it can expose the landlord to a civil penalty and a rent repayment order claim from the former tenant.

7.

Ignoring the Information Sheet deadline for existing tenancies

Landlords with tenancies that existed before 1 May 2026 had to give every tenant the government's Information Sheet by 31 May 2026. Missing it risks a civil penalty of up to £7,000, rising to £40,000 for a continued failure.

8.

Citing the wrong notice period when combining grounds

Where a notice relies on more than one ground, the longest notice period applies to the whole notice — using a shorter period because one of the grounds allows it will invalidate the notice.

9.

Attempting a self-help eviction

Changing locks, removing belongings, or otherwise forcing a tenant out without a court order remains a criminal offence under the Protection from Eviction Act 1977 — this has not changed.

Section 21 vs Section 8: Old Process vs New Process

Side by side, the scale of the change becomes clear — this is less a tweak to eviction paperwork and more a wholesale replacement of how landlords in England recover possession.

FeatureOld: Section 21New: Section 8 (post-RRA 2025)
Legal basisSection 21, Housing Act 1988Section 8, Housing Act 1988 (as amended by the Renters' Rights Act 2025)
Reason required?No — "no-fault" evictionYes — landlord must prove a statutory ground from Schedule 2
Tenancy structureFixed-term assured shorthold tenancyOpen-ended assured periodic tenancy from the outset
Notice formForm 6AForm 3A
Typical notice period2 months (fixed)Varies by ground — from no minimum up to 4 months
Court procedureAccelerated possession procedure (paperwork only, often no hearing)Standard Part 55 claim — usually requires a hearing where the ground is contested
Evidence requiredMinimal — notice validity and deposit/compliance checks onlySubstantial — landlord must prove the specific ground, e.g. rent ledger, sale evidence, conviction record
Restrictions after possessionNone specific to Section 21Grounds 1 and 1A carry a 12-month restriction on re-letting or marketing the property
First-year protection for tenantsNone — Section 21 could be used from the start of a tenancy (after the fixed term)Grounds 1 and 1A cannot be used in the tenancy's first 12 months

Step-by-Step Possession Timeline Under the New Section 8 Process

Whichever ground applies, the route from deciding you need possession to actually recovering the property now follows the same basic sequence.

01

Identify the correct ground

Match your situation to a Schedule 2 ground — rent arrears (Ground 8/10/11), wanting to sell (Ground 1A), moving back in (Ground 1), or a tenancy breach (Ground 12). You can cite more than one ground on the same notice.

02

Gather your evidence before serving notice

A rent ledger, correspondence, an estate agent instruction letter, or records of a tenancy breach. Section 8 claims succeed or fail on evidence, not on the notice alone.

03

Serve a Form 3A notice citing the ground(s)

Complete Form 3A, state the ground(s) relied on and how they apply, and give the correct minimum notice period for the longest-notice ground cited.

04

Wait for the notice period to expire

The clock runs from the date the tenant actually receives the notice. If the tenant remedies the issue (e.g. clears arrears below the threshold) before the hearing, a mandatory ground may no longer apply.

05

File a possession claim at the county court

If the tenant has not left, issue a claim under Part 55 of the Civil Procedure Rules, attaching the notice, certificate of service, and your supporting evidence.

06

Attend the court hearing

Unlike the old accelerated Section 21 procedure, most Section 8 claims involve a hearing where the judge tests the evidence for the ground relied on.

07

Possession order and, if needed, enforcement

If the court is satisfied, it makes a possession order (mandatory grounds give the court no discretion to refuse once proved). If the tenant still does not leave, apply for a warrant of possession.

Downloadable Checklists for Landlords

Print or save these two checklists — one for getting your existing portfolio compliant, and one to run through before serving any new Section 8 notice.

✓ Post-abolition compliance checklist

  • Confirm no Section 21 notice has been served on or after 1 May 2026
  • Check any pre-1 May 2026 Section 21 notice against the 31 July 2026 deadline
  • Confirm the Information Sheet was given to existing tenants by 31 May 2026
  • Replace every Section 8 template with the current Form 3A
  • Review rent-in-advance and deposit terms against the new statutory limits
  • Check advertised rents are not being exceeded by accepted offers

✓ Pre-notice Section 8 checklist

  • Identify every ground that applies to your situation
  • Confirm the tenancy is at least 12 months old, if relying on Ground 1 or 1A
  • Gather supporting evidence before serving notice, not after
  • Calculate the correct minimum notice period for the longest ground cited
  • Use Form 3A and keep a certificate of service
  • Diary the notice expiry date and prepare Form N5 in case court action is needed

📋 Want these as a printable PDF?

A printable version of both checklists is available on our Section 21 Abolition Compliance Checklist page — use it alongside the Section 8 notice generator below.

About This Guide

🔄

Last updated: 18 June 2026

This guide is reviewed against the Renters' Rights Act 2025 implementation roadmap and government guidance. It currently reflects the law as it stands following the 1 May 2026 commencement date and the ongoing 31 July 2026 transitional deadline for pre-commencement Section 21 notices.

🇬🇧

England only

The abolition of Section 21 applies to England. Scotland abolished fixed-term tenancies and no-fault eviction earlier under separate legislation, and Wales has its own regime under the Renting Homes (Wales) Act 2016 — neither is covered by this guide.

⚠️

Not legal advice

This guide provides general legal information only. Possession cases — particularly contested Section 8 claims, transitional Section 21 cases, and disputes over a landlord's genuine intention to sell or occupy — are fact-specific. Always seek independent advice from a qualified housing solicitor before serving a notice or issuing proceedings.

OD

OfficeDraft Legal Team

Our team monitors UK housing legislation and the implementation of the Renters' Rights Act 2025, updating this guide and our Section 8 and Form 3A generators as secondary legislation and government guidance are published.

Published: 14 November 2025 · Last updated: 18 June 2026 · Next scheduled review: when the PRS Database rollout begins

About OfficeDraft →

Frequently Asked Questions — Section 21 Abolished, What Landlords Should Do Now

What was Section 21 and why has it been abolished?
Section 21 of the Housing Act 1988 let a landlord end an assured shorthold tenancy without giving any reason — a "no-fault" eviction. The Renters' Rights Act 2025 abolished Section 21 because it left tenants insecure, allowing a landlord to end a tenancy without explanation and, campaigners argued, sometimes in retaliation for a complaint, with limited time for tenants to challenge it.
When was Section 21 abolished?
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Section 21 was abolished on the Act's commencement date, 1 May 2026 — the last day a new Section 21 notice could validly be served was 30 April 2026.
Can landlords still evict tenants after Section 21 is abolished?
Yes. Landlords can still recover possession, but only by serving a Section 8 notice on Form 3A and proving one or more statutory grounds, such as rent arrears, intention to sell, or moving back in. There is no longer a no-fault route available.
What replaces Section 21?
Section 8 of the Housing Act 1988, expanded by the Renters' Rights Act 2025, is now the only possession route in England. Existing fixed-term assured shorthold tenancies converted automatically into open-ended assured periodic tenancies on 1 May 2026, and every new tenancy is periodic from day one.
What happens to a Section 21 notice I served before 1 May 2026?
A valid pre-commencement Section 21 notice can still be used, but only within a strict transitional window. The landlord must issue court proceedings by the earlier of six months from service or three months from the commencement date — in practice, 31 July 2026 for almost all notices. After that date, the notice can no longer be relied on.
Which Section 8 grounds should landlords use most often?
The grounds used most are Ground 8 (serious rent arrears, four weeks' notice), Ground 1 (landlord or family moving in, four months' notice), Ground 1A (landlord intends to sell, four months' notice), and Ground 14 (nuisance or illegal use, no minimum notice). Discretionary Grounds 10, 11 and 12 are often cited alongside the mandatory rent-arrears ground.
Is Section 8 a mandatory or discretionary process?
It depends on the ground cited. Mandatory grounds require the court to order possession once the conditions are proved. Discretionary grounds require the court to decide whether eviction is reasonable. Many Section 8 notices cite a mandatory ground and a related discretionary ground together as a safety net.
How much notice do landlords need to give under the new rules?
Notice periods vary by ground. Selling or moving in (Grounds 1 and 1A) now require four months' notice. Serious rent arrears (Ground 8) requires four weeks. Antisocial behaviour and illegal use (Grounds 7A and 14) can have no minimum notice at all. Where a notice cites several grounds, the longest period applies to the whole notice.
Do all existing tenancies automatically change because of the Renters' Rights Act?
Yes. Almost all existing assured shorthold tenancies converted automatically into assured periodic tenancies on 1 May 2026, without the need for a new tenancy agreement. Landlords had to give every existing tenant the government's Information Sheet by 31 May 2026 explaining the change, or risk a civil penalty.
Can a tenant be evicted in the first 12 months of a new tenancy?
Grounds 1 and 1A cannot normally be used within the tenancy's first 12 months. Other grounds — such as Ground 8 for serious rent arrears or Ground 14 for antisocial behaviour — are not subject to this protection and can be used at any point once the conditions are met.
Is recovering possession harder now that Section 21 has gone?
It is more evidence-intensive. Section 21 used an accelerated, paperwork-only procedure with no reason required. Section 8 claims generally proceed to a hearing where the landlord must prove the ground relied on with supporting evidence — a rent ledger, sale evidence, or similar. Good record-keeping from the start of a tenancy now matters far more.
What should a letting agent or landlord do right now, in mid-2026?
Check whether you have any pre-1 May 2026 Section 21 notices still relying on the transitional rules and confirm the 31 July 2026 court-filing deadline; confirm you sent the Information Sheet to existing tenants by 31 May 2026; switch every possession notice template to Form 3A; and review your portfolio to identify which Section 8 ground would apply if you needed possession of each property.

⚠ Legal disclaimer

This article is published by OfficeDraft for general information only and does not constitute legal advice. The abolition of Section 21 and the wider Renters' Rights Act 2025 reforms are being implemented in stages, with secondary legislation and government guidance still being published in some areas. Possession cases — especially contested Section 8 claims, transitional Section 21 cases relying on the 31 July 2026 deadline, and disputes over a landlord's genuine intention under Ground 1 or 1A — are fact-specific and carry real financial and legal risk if handled incorrectly. Before serving any notice or issuing court proceedings, seek independent advice from a qualified housing solicitor. A directory of specialists is available at solicitors.lawsociety.org.uk.

Published: 14 November 2025 · Last updated: 18 June 2026 · Author: OfficeDraft Legal Team · About OfficeDraft

Section 21 Is Gone — Get Your Section 8 Paperwork Right

Generate a compliant Form 3A Section 8 notice for any ground, with the correct notice period calculated automatically, plus tenancy agreements and supporting landlord documents — all built for the Renters' Rights Act 2025. From £19.99.

England only · Form 3A format · All Schedule 2 grounds · Notice periods auto-calculated