Section 8 notice in 2026: how landlords get possession now
On 1 May 2026 the Renters' Rights Act abolished Section 21 "no-fault" evictions in England. There is now exactly one lawful route to recovering possession of a rented property: a Section 8 notice, served on the current prescribed form (Form 3A), citing one or more legal grounds from Schedule 2 to the Housing Act 1988. This guide explains the grounds landlords actually use, the notice periods, and what the process realistically looks like.
What changed on 1 May 2026
- Section 21 is gone. You can no longer end a tenancy simply because you want it back. Every possession claim must be justified by a ground.
- All tenancies became assured periodic tenancies. Fixed terms no longer exist, so there is no "end of the fixed term" to wait for - grounds are the whole game.
- The form changed. Notices must use the current prescribed form (Form 3A). Serving an old-style notice is the fastest way to lose months.
The grounds landlords actually use
| Ground | What it covers | Notice period | Key conditions |
|---|---|---|---|
| Ground 8 (mandatory) | Serious rent arrears | 4 weeks | At least 3 months' rent unpaid (13 weeks if weekly/fortnightly) at BOTH service and the hearing |
| Grounds 10-11 (discretionary) | Some arrears / persistent late payment | 4 weeks | Court decides if possession is reasonable |
| Ground 1 (mandatory) | You or close family moving in | 4 months | Cannot be used in the first 12 months of the tenancy |
| Ground 1A (mandatory) | Selling the property | 4 months | Cannot be used in the first 12 months; re-letting after using it carries serious penalties |
| Grounds 12-14 | Breach of tenancy / damage / antisocial behaviour | 2 weeks (ASB: proceedings can start immediately) | Evidence is everything - keep written records |
The process, step by step
- Check your paperwork first. Deposit protected and prescribed information served? Gas safety, EPC and EICR given? Compliance failures undermine possession claims.
- Choose your ground(s) and gather evidence - arrears schedule, correspondence, photographs, witness notes.
- Serve the notice correctly. Use the current prescribed form from GOV.UK, complete every field exactly, and serve by hand (with photo and witness) or first-class post allowing 2 working days. Keep proof.
- Wait out the notice period. Use it productively: many arrears cases settle with a payment plan, which is usually the better outcome.
- Apply to court if unresolved. Mandatory grounds (like Ground 8) mean the court must order possession if the conditions are met; discretionary grounds mean the court weighs reasonableness.
- Only bailiffs can evict. Never change locks or pressure a tenant to leave without a court order and bailiff appointment - that is a criminal offence.
Realistic timelines
Plan on roughly: 4 weeks' notice (arrears) or 4 months (sale/moving in), plus 2-4 months for a court date if contested, plus several weeks for bailiffs where needed. A well-prepared, correctly served notice with clean compliance paperwork is the single biggest factor in keeping to the shorter end.
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Prepare my Section 8 notice →Frequently asked questions
Can I still serve Section 21? No. Since 1 May 2026, Section 21 notices cannot be served, and old templates are invalid.
What if my tenant is in arrears but under 3 months? Ground 8 is not available, but discretionary Grounds 10 and 11 may be. In practice, a firm written payment plan resolves most cases faster than court.
Can I use the sale ground and then re-let? No - misusing Ground 1A carries serious penalties. Only use it if you genuinely intend to sell.
Do I need a solicitor? Not to serve a notice - but for contested hearings, antisocial behaviour cases or anything complex, legal advice is strongly recommended.
This guide is general information for landlords in England, not legal advice for your specific circumstances. Check the current prescribed form on GOV.UK before serving any notice.