Section 21 Abolished: How Landlords Regain Possession Now

What happened to section 21?

Section 21 of the Housing Act 1988 has been abolished for private tenancies in England. Since 1 May 2026 no landlord can serve a new section 21 notice, and every existing assured shorthold tenancy has become an assured periodic tenancy with no end date.

The transition rules have also run out. A section 21 notice served on or before 30 April 2026 could only be used if court proceedings were issued by 31 July 2026. Any notice not acted on by that date has lapsed, so a landlord relying on one today would need to start again with a section 8 notice.

The accelerated possession procedure, which let section 21 claims be decided on paper without a hearing, went at the same time. That matters, because it means most possession claims now involve a hearing where the landlord has to prove the ground they rely on. The changes apply to the private rented sector; the social rented sector is not covered by this first phase.

How a section 8 notice works now

A section 8 notice tells your tenant which ground or grounds you are relying on, explains why, and gives the date after which you can apply to court. Landlords now use the updated prescribed form, Form 3A, which is published on GOV.UK alongside the other assured tenancy forms.

Grounds fall into two types. With a mandatory ground, the court must order possession if you prove the ground and have followed the rules. With a discretionary ground, the court decides whether it is reasonable to evict, and it can refuse or suspend the order even if the ground is proved.

If you rely on more than one ground in the same notice, the longest notice period among them applies to the whole notice. For example, a notice using a rent arrears ground and a breach of tenancy ground needs the longer four weeks, not two.

Errors in the notice are the most common reason claims fail. Use the current form, name the right tenants and property, set out the facts behind each ground, and keep proof of how and when you served it.

Selling the property or moving in (grounds 1 and 1A)

The two grounds most landlords will use in place of section 21 are ground 1, where you or a close family member want to live in the property, and ground 1A, a new ground for when you want to sell. Both are mandatory and both need at least four months' notice.

Neither ground can end a tenancy in its first 12 months. You can serve the notice earlier, but the date it gives must fall after the tenant has been in the property for 12 months. In practice, that means serving notice no earlier than month eight of a new tenancy.

The Act also stops landlords using these grounds as a back door to relet at a higher rent. If you regain possession under ground 1 or 1A, you cannot let or market the property to let for 12 months after the notice period ends. Doing so is an offence that can lead to council penalties and a rent repayment order.

Before serving notice under either ground, be clear about your plans and keep evidence of them, such as an estate agent's instruction or proof of the family member's circumstances.

Rent arrears (grounds 8, 10 and 11)

There are three rent arrears grounds, and the Act made the mandatory one harder to use.

• Ground 8 (mandatory): the tenant owes at least three months' rent if rent is paid monthly, or 13 weeks if paid weekly or fortnightly. This threshold was two months before the Act. It must be met both when you serve the notice and at the hearing.
• Ground 10 (discretionary): some rent is unpaid, below the ground 8 level.
• Ground 11 (discretionary): the tenant has persistently paid late, even if nothing is owed when you serve notice.

All three need four weeks' notice, up from two. Because ground 8 is judged on the day of the hearing, a tenant who pays the balance down below three months' arrears before then can defeat it, which is why landlords usually add grounds 10 and 11 as a fallback.

Keep a clear rent statement showing every amount due and paid. Speak to your tenant early, too; many arrears cases are better solved with a repayment plan than a court claim.

Antisocial behaviour, damage and breach

Where the tenant is at fault, you can serve notice at any point in the tenancy, including the first 12 months. The main grounds are:

• Ground 7A (mandatory): serious antisocial or criminal behaviour, such as a relevant conviction or closure order. You can start proceedings straight away.
• Ground 14 (discretionary): antisocial behaviour or nuisance more generally. Proceedings can also begin immediately.
• Ground 12 (discretionary): any breach of the tenancy agreement other than rent, with two weeks' notice.
• Ground 13 (discretionary): the condition of the property has deteriorated because of the tenant, with two weeks' notice.
• Ground 17 (discretionary): the tenancy was obtained through a false statement, with two weeks' notice.

Discretionary grounds rely on evidence and on the court's view of what is reasonable, so build a record as problems happen: dated photos, inspection reports, written complaints from neighbours and copies of your letters to the tenant.

Notice periods at a glance

Minimum notice periods now depend on the ground. As a summary of the main private rented sector grounds:

• Immediate: grounds 7A and 14 (antisocial behaviour).
• Two weeks: grounds 12, 13, 15 and 17 (breach of tenancy, damage to the property or furniture, false statement).
• Four weeks: grounds 8, 10 and 11 (rent arrears).
• Two months: grounds 7 and 9 (death of the tenant, suitable alternative accommodation).
• Four months: grounds 1, 1A, 2, 4A, 6 and 6B (moving in, selling, lender repossession, student HMOs, redevelopment and enforcement action).

Remember that a notice citing several grounds needs the longest period among them, and that grounds 1 and 1A also have the 12-month protected period on top. Always check the current GOV.UK guidance before serving, because the details of each ground matter.

What has to be in place before you can get possession

Some conditions apply whichever ground you use, and missing one can sink an otherwise strong claim.

• Deposit protection: if you took a deposit, the court will only order possession if it was protected in a government-approved scheme with the prescribed information given to the tenant, or it has been returned, or a court dispute about it has been settled.
• Tenancy information: tenants who were already in place on 1 May 2026 should have received the government's Renters' Rights Act Information Sheet, and new tenants should have written terms of their tenancy.
• Database registration: once the landlord database is live in your region, an unregistered landlord will not be able to get a possession order on most grounds. Registration opens from 15 December 2026, region by region.

Safety paperwork also matters. Keep gas safety records, electrical safety reports and the EPC on file, with proof that the tenant received copies.

If the tenant doesn't leave: going to court

A section 8 notice does not end the tenancy by itself. If the tenant is still there when the notice period expires, you need to apply to the county court for a possession order. You cannot change the locks, remove belongings or pressure the tenant to leave; doing so is unlawful eviction or harassment, which is a criminal offence.

The court will usually list a hearing. For a mandatory ground, the judge must grant possession if the ground is proved and the procedure was followed. For a discretionary ground, the judge will weigh up whether eviction is reasonable and may suspend the order on conditions, such as the tenant clearing arrears in instalments.

If the tenant still does not leave after the date in the possession order, the next step is a warrant or writ of possession, carried out by court bailiffs or High Court enforcement officers. The whole process can take several months, so plan around realistic timescales rather than the minimum notice period.

How to protect yourself now section 21 has gone

Without a no-fault exit, good letting practice at the start of a tenancy is the best protection a landlord has. A few habits make a real difference:

• Reference thoroughly. Check affordability, previous landlord references and right to rent, and apply the same checks to every applicant.
• Get the paperwork right on day one. Written terms, deposit protection and the prescribed information, gas and electrical safety certificates and the EPC.
• Inspect and record. Regular, documented inspections give you evidence if the property is damaged.
• Act early on arrears. A conversation in week two is far easier than a claim at month three.

This is where a managing agent earns its fee. Good agents reference carefully, keep compliance records up to date and know the notice rules, which can save months if a tenancy goes wrong. See our guide to what the Renters' Rights Act means for landlords for the wider changes.

The bottom line

The end of section 21 means every possession claim now needs a legal ground, the correct notice and evidence to back it up. Landlords who keep their deposit, tenancy and safety paperwork in order, and who act early when problems start, are still in a strong position to get a property back when they need to. If you would like an expert to manage the tenancy and the compliance for you, compare letting agents near you and see what full management would cost.

This guide is general information about the law in England as of October 2026 and is not legal advice. Possession claims can turn on small details, so for your own case check the latest GOV.UK guidance or speak to a qualified housing solicitor.