Section 21 Abolished: How Section 8 Now Works as Your Only Possession Route

From 1 May 2026, Section 21 of the Housing Act 1988 — the so-called 'no-fault eviction' — ceases to exist in England. The Renters' Rights Act 2025 has removed the ability for landlords to end a tenancy without providing a reason and proving that reason to a court. For landlords who have relied on Section 21 as a backstop whenever a tenancy became unworkable, this is the single biggest change to residential property law in over thirty years. Understanding exactly what Section 8 now offers — and what compliance you need in place before you can use it — is no longer optional knowledge.

What Has Actually Changed?

The Renters' Rights Act 2025 made four structural changes that together define the post-Section 21 landscape. First, all new tenancies granted from 1 May 2026 onwards are periodic from the outset — fixed-term tenancies in the private rented sector no longer exist. Second, existing fixed-term tenancies that were already in place on 1 May 2026 automatically convert to periodic tenancies on that date. Third, Section 21 notices cannot be served from 1 May 2026. Fourth, to compensate landlords for the loss of Section 21, the government has reformed and expanded the grounds available under Section 8 — including creating new mandatory grounds covering legitimate reasons why landlords genuinely need their properties back.

What Has Not Changed?

Landlords retain the fundamental right to recover possession — they simply must now state and prove their grounds. Rent arrears, anti-social behaviour, and tenant breach of the tenancy agreement all remain valid grounds for possession. The county court process for uncontested cases has been streamlined under the Renters' Rights Act, and the government has committed to additional court resources to reduce waiting times. Tenants who comply with their obligations and whose landlords have no legitimate ground to seek possession cannot be evicted — which is precisely the policy intent.

How Section 8 Now Works: The Complete Process

Section 8 requires a landlord to serve a formal notice on the tenant specifying one or more grounds for possession, wait for the relevant notice period to expire, and then — if the tenant does not vacate — issue possession proceedings in the county court. The court must then determine whether the ground is made out. For mandatory grounds, the court has no discretion and must grant possession if the ground is proved. For discretionary grounds, the court can refuse to grant possession even if the ground is proved if it is not reasonable to do so.

Mandatory vs Discretionary Grounds: Key Differences

The New Mandatory Grounds You Need to Know

The Renters' Rights Act 2025 introduced several new or revised mandatory grounds that give landlords legitimate routes to recover possession for genuine personal or commercial reasons. These are the most important grounds for portfolio landlords to understand, because they are the closest equivalents to what Section 21 previously achieved — but they require proof and compliance with specific conditions.

Ground 1A — Landlord or Family Member Wishes to Occupy

Ground 1A is available where the landlord, or a close family member of the landlord (spouse, civil partner, parent, grandparent, child, grandchild, sibling), intends to occupy the property as their only or principal home. The ground is mandatory — if proved, the court must grant possession. However, the landlord must serve at least 4 months' notice, and the ground cannot be used within the first 12 months of the tenancy. The landlord must genuinely intend to occupy — courts will scrutinise evidence of intention, and landlords who recover possession under this ground and then re-let within 3 months face significant financial penalties.

Ground 6A — Sale of the Property

Ground 6A allows landlords to recover possession where they intend to sell the property. At least 4 months' notice must be given. The landlord must not have purchased the property since the current tenancy began, and cannot use this ground within the first 12 months of the tenancy. If the landlord re-lets the property within 3 months of recovering possession, they are liable to a civil penalty and the tenant can apply for a Rent Repayment Order.

What Landlords Must Have in Place Before Serving a Section 8 Notice

Many landlords are unaware that Section 8 notices can be invalidated if pre-existing compliance requirements have not been met. Courts and tenants' representatives routinely check these at the outset of any possession claim. Failure to have these documents in place does not just delay your claim — it may result in it being struck out entirely.

• Gas Safety Certificate — current and served on the tenant at the start of the tenancy and annually thereafter
• Electrical Installation Condition Report (EICR) — current (within 5 years), any remedial action completed, copy given to tenant
• Energy Performance Certificate (EPC) — current (within 10 years), rating of E or above, copy given to tenant
• How to Rent guide — the most recent version served on the tenant at the start of the tenancy
• Deposit protection — tenant's deposit lodged in an authorised scheme and prescribed information served within 30 days of receipt
• PRS Database registration — property registered on the national database (when applicable)
• Rent Repayment Order history — ensure no outstanding RROs exist against the property or landlord
• Notice format — use the prescribed form under the Housing Act 1988 as amended by the Renters' Rights Act 2025

Notice Periods Under Section 8 Post-Renters' Rights Act

Frequently Asked Questions