For over 35 years, Section 21 gave private landlords in England a straightforward route to possession. Serve the notice, give the tenant two months, and go to court if necessary. No reason was required. That route closed on 1 May 2026 under the new Renters’ Rights Act.
If you own or manage a residential rental property, the way you can legally end a tenancy has fundamentally changed. This blog explains what has replaced Section 21, how the new process works, and what landlords need to get right from here.
What happened to Section 21?
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025, with most of its key reforms coming into force on 1 May 2026. Abolishing Section 21, the no-fault eviction route, was the biggest change these reforms brought. Section 21 notices can no longer be served, and Landlords who attempt to issue one will find it is not only invalid, but could attract a civil penalty of up to £7,000.
Any valid Section 21 notice served before May 1 2026 can still be used to make a possession claim, but only if the claim is filed at court by 31 July 2026. After that deadline, those notices expire too.
Alongside this, every assured shorthold tenancy in England has automatically converted to a periodic assured tenancy. Fixed terms are gone, so tenancies now roll on indefinitely until either party gives proper notice. For landlords, that notice must be grounded in law.
To find out more about other changes under the new Act, read our guide here.
The new possession route: Section 8
Section 8 of the Housing Act 1988 has always existed, but most private landlords rarely needed it before now because Section 21 was simpler. Now Section 8 is the only route.
The mechanism is the same: serve a written eviction notice on the prescribed form, wait for the notice period to expire, and apply to the county court for a possession order if the tenant does not leave. The critical difference is that landlords must now specify a legal ground for possession and be prepared to evidence it in court.
There are 37 grounds in total under the updated Act, which divide into two categories:
- Mandatory grounds: if the landlord proves the ground applies, the court must grant possession. These include serious rent arrears, antisocial behaviour convictions, and the new grounds introduced by the Renters' Rights Act for selling the property or moving back in.
- Discretionary grounds: the ground may be proven, but the court still decides whether granting possession is reasonable. Persistent rent arrears, deterioration of the property, and certain breaches of the tenancy agreement are included in this category. The strength of the landlord's documentation matters considerably in these cases.
From 1 May 2026, the form used to serve a Section 8 notice has also changed. Landlords must now use Form 3A, and using an old form will invalidate the notice. The government's guidance on evicting tenants sets out the current requirements and prescribed forms.
Does the Renters’ Rights Act and the abolition of Section 21 affect commercial landlords?
If you are a commercial landlord dealing with a tenant in arrears or a lease breach, the rules haven’t changed, and the two main routes remain the same:
- Where a commercial tenant has fallen behind on rent, Commercial Rent Arrears Recovery (CRAR) allows a certificated enforcement officer to take control of the tenant's goods on the premises without a court order, provided the correct notice procedure is followed. This is generally faster and less costly than court proceedings, and it remains fully available. For a full breakdown of how it works, read our guide to CRAR.
- Where the lease has been breached through persistent non-payment, abandonment, or conduct that entitles the landlord to forfeit, common law forfeiture remains an option for commercial premises. A High Court Writ of Possession can be obtained and enforced where a court order is in place. See our blog on regaining possession through lease forfeiture.
Nothing in the Renters' Rights Act affects any of this. If you need to act on either of these routes, our team is available to advise on the right approach for your situation.
The grounds residential landlords will use most
For landlords who simply want to recover possession for legitimate reasons, three grounds are likely to cover most situations.
- Ground 1: Landlord or close family member moving in. This requires four months' notice and cannot be used within the first 12 months of a tenancy. After possession is granted, the property cannot be re-let for 12 months.
- Ground 1A: Selling the property. The same four-month notice period and the same 12-month protected period at the start of a tenancy apply, as does the 12-month re-letting restriction after possession. Misusing this ground, for example claiming to sell and then re-letting, can result in a Rent Repayment Order of up to two years' rent.
- Ground 8: Rent arrears. Under the Renters’ Rights Act, a tenant must now owe at least three months of rent at the time the notice is served and at the time of the possession hearing, up from two months previously. If arrears drop below this level between notice and hearing, the court cannot grant possession on this mandatory ground.
For antisocial behaviour, Ground 7A (serious cases) and Ground 14 (nuisance and annoyance) remain available, with shorter or immediate notice periods possible, depending on the severity.
What landlords need to do before serving a Section 8 notice
Before serving any Section 8 notice, there are two prerequisites that, if missed, will block the possession claim entirely. Firstly, the tenant's deposit must be protected in a government-approved scheme, with the prescribed information served to the tenant within 30 days of receipt. Courts will refuse possession under almost all grounds (Ground 7A being the main exception) where a landlord has failed to comply with deposit protection rules.
Secondly, a valid gas safety certificate and energy performance certificate must also have been provided to the tenant. These compliance requirements existed before, but they now carry direct consequences for any possession claim.
What is the process for possession via a Section 8 notice?
Once the prerequisites above are met, the possession process is:
- Identify the correct ground.
- Serve the notice on Form 3A with the required notice period.
- If the tenant has not vacated when the notice expires, make a possession claim at court.
- If the court grants a possession order and the tenant still does not leave, a High Court Writ of Possession can be obtained to instruct enforcement officers to carry out the eviction
All in all, this typicall.y takes between three and six months from notice to enforcement. Given court backlogs in many areas, this period could realistically be longer, so check the situation in your area, and set your expectations accordingly.
Why does evidence matter more for a Section 8 notice?
Under Section 21, landlords rarely needed to build a case, but under Section 8, the quality of documentation can determine the outcome.
For discretionary grounds, courts weigh up the full picture, so a clear paper trail of rent statements, written communications, complaint records, and any relevant correspondence can be the difference between a possession order and a dismissed claim.
For mandatory grounds, evidence is still essential, especially if they involve intent to sell or move in. Any later actions that contradict the stated reason can result in serious financial penalties.
The abolition of Section 21 does not remove landlords' right to possession, just the unconditional right to it. Landlords managing possession cases alone, without specialist support, take on real risk under the new rules.
What this means for the possession process
The abolition of Section 21 does not remove landlords' right to possession, just the unconditional right to it. Where a genuine ground exists, landlords can still recover their property. What changes is the need for evidence, correct procedure, and patience with a court system that was already under pressure before this reform added to the volume of contested possession claims.
For landlords with ongoing or upcoming possession proceedings, now is the time to review the guide to the Renters' Rights Act published by the government, and to take qualified legal advice on any specific case.
How Able can help
Able Investigations works with commercial landlords, property managers, and agents across England and Wales, supporting them throughout the possession process. We make sure section 8 notices are served correctly and on time through professional process serving, and once a possession order is obtained, we can assist with certified enforcement.
We also assist commercial landlords with CRAR and rent recovery where tenants in business premises are in arrears.
If you have a possession matter you need guidance on, contact our team today.
