Landlord possession grounds after Section 21 ended
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Quick answer: From 1 May 2026, England landlords must use Section 8 with a specified possession ground — mandatory grounds require the court to grant possession if proved, while discretionary grounds let the court decide if eviction is reasonable.
Section 21 no-fault evictions ended in England on 1 May 2026 when the Renters' Rights Act 2025 took effect. Landlords who need their property back must now rely on amended Section 8 grounds, serve the correct notice period, and prove their case in court. This guide summarises the new framework. It is information only, not legal advice.
Mandatory and discretionary grounds
Mandatory grounds include serious rent arrears, anti-social behaviour, property sale (ground 1A), landlord or family moving in (ground 1), and redevelopment. If you prove the ground at court, the judge must grant a possession order.
Discretionary grounds cover persistent late rent, some arrears, tenancy breaches and nuisance. The court weighs whether granting possession is reasonable — tenants can argue why they should stay.
Notice periods and restrictions
Each ground has its own minimum notice period — for example, four months for grounds 1 and 1A (sale or moving in), which cannot expire in the first 12 months of a tenancy. Some grounds require you to have told the tenant in advance that you might rely on them.
Serve form 3A stating the full wording of each ground relied on. If the tenant does not leave, apply to court and bring evidence — mortgage statements for arrears, witness statements for anti-social behaviour, or sale contracts for ground 1A.
Compliance before seeking possession
Ensure the deposit is protected and prescribed information served — courts generally cannot grant possession on most grounds if not. Comply with gas safety, EPC and licensing requirements in your area.
Tenants can defend claims and access free advice through the Housing Loss Prevention Advice Service. Courts expect landlords to follow the pre-action protocol for rent arrears where applicable.
Common questions
Can I still use a Section 21 notice served before 1 May 2026?
Notices served before abolition may still be valid in limited circumstances if they met the old rules and proceedings were started in time. Seek legal advice on any existing notice.
What counts as serious rent arrears?
Ground 8 is mandatory where at least three months' rent is unpaid both when notice is served and at the hearing. Other arrears grounds are discretionary with shorter notice periods.
Do the new grounds apply in Wales?
No. This guide covers England. Wales retains its own possession notice system, including section 173 notices for no-fault possession in some cases.