Since 1 May 2026, Section 21 no-fault evictions are abolished. Landlords must now use a Section 8 notice with a specific possession ground. Here's what changed and how to get it right.
Only route: Section 8 — Section 21 abolished
Grounds: 37 total (26 mandatory, 11 discretionary)
Notice periods: 2 weeks (rent arrears) to 2 months (other grounds)
Form: Section 8 notice under the Housing Act 1988
The Renters' Rights Act 2025, which came into force on 1 May 2026, ended no-fault evictions. Under the old rules, a landlord could serve a Section 21 notice to end a tenancy without giving a reason. That is no longer possible. To regain possession, landlords must now rely on a specific statutory possession ground set out in Schedule 2 of the Housing Act 1988, and the notice they serve is the Section 8 notice.
Section 21 notices served before 1 May 2026 can only proceed if possession proceedings were issued by 31 July 2026 — after that date they lapse completely. This transition is why possession claims have surged: Ministry of Justice figures show 7,629 Section 8 claims from private landlords in Q1 2026, up 11.1% on the previous quarter.
There are now 37 grounds. Mandatory grounds (26) require the court to grant possession if they are proven; discretionary grounds (11) leave the final decision to the court. The grounds most landlords actually use:
| Ground | What it covers | Type | Typical notice |
|---|---|---|---|
| Ground 1 | Landlord or close family moving in | Mandatory | 2 months |
| Ground 1A | Landlord selling the property (new in 2026) | Mandatory | 2 months |
| Ground 2 | Mortgage lender recovering possession | Mandatory | 2 months |
| Ground 8 | At least 2 months' (or 8 weeks') rent arrears | Mandatory | 2 weeks |
| Ground 10 | Some rent arrears (less than Ground 8 threshold) | Discretionary | 2 weeks |
| Ground 11 | Persistent late rent payments | Discretionary | 2 weeks |
| Ground 13 | Damage to the property | Discretionary | 1 month |
| Ground 14 | Anti-social behaviour or nuisance | Discretionary | 1 month (can be shorter) |
Notice periods depend on the tenancy type and ground — always verify the exact requirement before serving. This table is a guide, not legal advice.
Getting any of these steps wrong invalidates the notice and forces you to start over — which is why the new rules have created heavy demand for reliable landlord guidance.
What is a Section 8 notice?
A Section 8 notice is the legal notice a landlord uses to end a tenancy using one of the statutory possession grounds in Schedule 2 of the Housing Act 1988. Since 1 May 2026, it is the only way to start possession proceedings in England — Section 21 has been abolished.
How many possession grounds are there after the Renters' Rights Act?
37 grounds in total: 26 mandatory grounds and 11 discretionary grounds. New ground 1A lets landlords regain possession to sell the property.
What notice period does a Section 8 notice require?
It depends on the ground. Rent arrears grounds (8, 10, 11) require 2 weeks' notice; most other grounds require 1 to 2 months. Check the specific ground before serving.
What is the difference between Section 8 and Section 21?
Section 21 was a no-fault notice that could end a tenancy without a reason — it was abolished on 1 May 2026. Section 8 requires a specific legal ground and is now the only route to possession.
Can I still use a Section 21 notice served before May 2026?
Only if you issued possession proceedings by 31 July 2026 (or within 12 months of the notice for some notices served earlier). After that, the notice lapses and you must use Section 8.
What happens if my Section 8 notice is invalid?
An invalid notice means the court claim fails and you must start again, losing time and fees. Using the correct form, ground and notice period is essential.
Educational guide — not legal advice. Verify every notice against the current official forms and guidance before serving.