Eviction Notices in England after Section 21
Section 21 abolished in England; possession is Section 8 on Form 3A. Grounds, notice periods and Ground 1A after the 31 July 2026 backstop. Information, not advice.
In this section
Section 21 is gone. Section 8 — reformed and expanded — is now the only lawful route to evict an assured tenant in England. The Renters' Rights Act 2025 abolished Section 21 no-fault eviction with effect from 1 May 2026, converted assured shorthold tenancies to open-ended periodic assured tenancies, and rewrote Schedule 2 of the Housing Act 1988 with a substantially longer list of statutory grounds. This hub explains the Section 8 framework for assured tenancies in England, the grounds and their notice periods, and what still applies if a Section 21 notice was served before 1 May 2026. The normal 31 July 2026 court backstop for starting proceedings on those notices has passed. For the step-by-step route, see our guide to evicting a tenant.
If you served a Section 21 notice before 1 May 2026
The normal court backstop for starting possession proceedings on a Section 21 notice served before 1 May 2026 was whichever came first: six months from the date the notice was given, or 31 July 2026. That long-stop has passed for starting new proceedings, except where GOV.UK's breathing-space extension applied. A pre-1 May Section 21 notice can only still be used where possession proceedings were started in time and those proceedings have not finished. Otherwise the tenancy is an assured periodic tenancy and possession runs through Section 8 on Form 3A. No new Section 21 notice can be served — the last day one could lawfully be given was 30 April 2026. See GOV.UK assured tenancy forms (notices of possession served before 1 May 2026) and our guide to evicting a tenant.
What changed under the Renters' Rights Act 2025
- Section 21 abolished from 1 May 2026 — no more "no-fault" evictions.
- Fixed-term assured shorthold tenancies abolished — all assured tenancies are now open-ended periodic tenancies from that date, including tenancies that started life as fixed terms before 1 May 2026.
- Ground 8 (serious rent arrears) threshold raised from two months to three months' arrears (13 weeks if rent is paid weekly or fortnightly), and its notice period increased from two weeks to four weeks.
- Schedule 2 to the Housing Act 1988 substantially expanded and re-numbered. New mandatory and discretionary grounds were added (for example Ground 1A for sale of the property, Ground 6B for compliance with enforcement action, and Ground 7A covering serious anti-social behaviour with a relevant conviction). A proposed new "repeat arrears" ground (sometimes referred to as Ground 8A in earlier drafts) was dropped before the Act was passed and does not exist in the final law — arrears cases still run through Grounds 8, 10 and 11.
- A statutory Information Sheet had to be given to every existing tenant by 31 May 2026, with landlords risking a civil penalty of up to £7,000 per tenancy for missing it.
Ground 1A (sale): 4 months' notice. Cannot be used, or expire, within the first 12 months of the tenancy. The property cannot be re-let or re-marketed during the restricted period after using Ground 1A. That period starts when the notice is served and ends 12 months after the earliest date specified in the notice for starting possession proceedings. Breaching this is an offence and can attract a civil penalty of up to £40,000 as an alternative to prosecution.
Read the full Renters' Rights Act 2025 guide or go straight to the Section 21 abolition and Section 8 explainer.
Section 8 — the only route to possession
Since 1 May 2026, a landlord must establish one of the statutory grounds in the amended Schedule 2 to the Housing Act 1988 before serving any eviction notice on an assured tenant in England. The grounds split into two categories:
- Mandatory grounds — if the landlord proves the ground, the court must grant possession. These cover the landlord's own legitimate reasons for recovering the property (selling, moving in family, redevelopment, superior lease ending) and the most serious tenant-default situations (serious rent arrears, certain anti-social behaviour convictions, no right to rent).
- Discretionary grounds — the court decides whether it is reasonable to grant possession even if the ground is proved. These cover lesser rent arrears, persistent late payment, breach of tenancy terms, property or furniture deterioration, and general nuisance or annoyance.
Where a notice cites more than one ground, the longest applicable notice period normally governs the whole notice.
Schedule 2, as amended, now runs to a considerably longer list of grounds than the 17 that existed before 1 May 2026 — commentary on the reform generally counts more than 30 across both categories, though the exact current total should always be checked against gov.uk's grounds-for-possession guidance rather than any single secondary summary, as drafting corrections have continued through 2026.
Notice periods by ground
The table below covers the grounds landlords use most often for private assured tenancies from 1 May 2026, sourced against the amended Housing Act 1988 (section 8 and Schedule 2, as amended by the Renters' Rights Act 2025).
Mandatory grounds
| Ground | What it covers | Minimum notice |
|---|---|---|
| 1 | Landlord or close family member moving in (cannot be used in the first 12 months of a tenancy) | 4 months |
| 1A | Landlord selling the property | 4 months |
| 2 | Sale by mortgage lender exercising a power of sale | 4 months |
| 2ZA–2ZD | Possession where a superior lease ends | 4 months |
| 4 | Student accommodation let by an educational institution outside term time | 2 weeks |
| 4A | Property let to students, re-let to a new student | 2–4 months depending on timing |
| 5 / 5A / 5C | Ministers of religion, agricultural workers, end of employment-linked accommodation | 2 months |
| 5E / 5F / 5G | Supported or homelessness-duty accommodation | 4 weeks |
| 5H | Stepping-stone accommodation | 2 months |
| 6 | Property required for redevelopment | 4 months |
| 6B | Compliance with enforcement action | 4 months |
| 7 | Death of the tenant (against a successor) | 2 months |
| 7A | Serious anti-social behaviour with a relevant conviction, breach of injunction, or closure order | No notice period |
| 7B | Tenant has no right to rent | 2 weeks |
| 8 | Serious rent arrears — 3 months' arrears (13 weeks if rent is paid weekly or fortnightly) at notice and hearing | 4 weeks |
Discretionary grounds
| Ground | What it covers | Minimum notice |
|---|---|---|
| 9 | Suitable alternative accommodation available | 2 months |
| 10 | Some rent lawfully due is unpaid | 4 weeks |
| 11 | Persistent delay in paying rent | 4 weeks |
| 12 | Breach of a tenancy obligation | 2 weeks |
| 13 | Deterioration in the condition of the property | 2 weeks |
| 14 | Nuisance, annoyance, or illegal/immoral use of the property | None — proceedings can start immediately |
| 14A | Domestic violence (notice by a joint tenant who has left) | 2 weeks |
| 14ZA | Offence committed during a riot | 2 weeks |
| 15 | Deterioration of furniture | 2 weeks |
| 17 | Tenancy obtained by false statement | 2 weeks |
| 18 | Supported accommodation | 4 weeks |
This is not an exhaustive list of every ground in the amended Schedule 2 — see gov.uk's grounds-for-possession guidance or our full grounds-for-possession guide for the complete, current list including social-housing-only grounds.
Common questions
Does a pre-1 May Section 21 notice still help?
Only if possession proceedings were started in time (normally by 31 July 2026, or later only if a breathing-space extension applied) and those proceedings have not finished. Otherwise start again under Section 8 on Form 3A. See our guide to evicting a tenant.
Can I still serve a Section 21 notice?
No. The last day a Section 21 notice could lawfully be served was 30 April 2026. From 1 May 2026, all eviction of assured tenants in England must proceed under Section 8.
My tenant is in arrears. Which ground do I use?
For three months' arrears (13 weeks if rent is paid weekly or fortnightly) or more, use Ground 8 (mandatory). For lesser arrears or persistent late payment, use discretionary Grounds 10 and 11. Landlords commonly plead all three together — see our rent-arrears possession guide.
Can I evict because my tenant has been a nuisance to neighbours?
Yes — Ground 14 (discretionary nuisance/annoyance/illegal or immoral use), which can be pleaded with proceedings starting immediately, or Ground 7A (mandatory) where there is a relevant conviction, breach of a court injunction, or a closure order tied to anti-social behaviour. The court must still hear the case in every instance. Documentation matters: incident logs, neighbour statements, police incident references, and any local authority correspondence.
How much does it cost to go to court, and how long does eviction take?
Court fees rose on 13 July 2026. The current issue fee for a standard possession claim in the County Court is £415 (up from £404), and the fee for a warrant of possession is £152 (up from £148) — check gov.uk's civil court fee schedule (EX50A) for the definitive, current figures before budgeting, as fees are revised periodically. On timing, realistically expect six to nine months from notice service to vacant possession: notice periods now run two to four months for most grounds, county court lists are heavily backlogged, and a warrant then needs to be enforced by bailiffs if the tenant does not leave voluntarily. Plan accordingly and keep a paper trail from day one.
Related guidance
- Section 21 vs Section 8 — comparison
- Section 8 notice template
- How to serve a Section 8 notice
- Section 8 grounds for possession — full list
- Rent arrears possession guide
- Step-by-step guide to evicting a tenant
- Court forms for possession claims
- Renters' Rights Act 2025 — full guide
This page is general information for landlords in England, current as at September 2026, and is not legal advice. Eviction law changed significantly on 1 May 2026 and court fees changed again on 13 July 2026 — always check the current position on gov.uk or with a housing adviser before relying on any date, fee, or notice period given here, and take independent advice on your specific circumstances before serving a notice or issuing proceedings.
Common questions
Can I still serve a Section 21 notice?
No. Section 21 was abolished on 1 May 2026 by the Renters' Rights Act 2025. From that date every eviction of an assured tenant in England must rely on a Section 8 notice supported by a statutory ground for possession. The last day a valid Section 21 notice could be served was 30 April 2026.
I served a Section 21 notice before 1 May 2026 — what is the deadline to act?
The normal deadline to start proceedings was whichever came first: six months from the notice date, or 31 July 2026. That long-stop has passed for new claims, except where a breathing-space extension applied. If proceedings were not started in time, the notice cannot be used to start a claim — use Section 8 on Form 3A. Check GOV.UK assured tenancy forms (https://www.gov.uk/guidance/assured-tenancy-forms).
My tenant is in rent arrears. Which ground do I use?
For three months' arrears (13 weeks if rent is paid weekly or fortnightly) or more at both notice and hearing, use Ground 8 (mandatory, 4 weeks' notice). For lesser or intermittent arrears, use discretionary Grounds 10 and 11. Landlords commonly plead all three together — see our rent-arrears possession guide.
Can I evict a tenant for anti-social behaviour?
Yes, using Ground 7A (mandatory, where there is a relevant conviction, breach of injunction or closure order — no notice period required) or Ground 14 (discretionary nuisance/annoyance, proceedings can start immediately). Court proceedings and a hearing are still required in every case.
How long does eviction take from notice to possession in 2026?
Realistically six to nine months or more. Most notice periods are two to four months, county court possession lists are heavily backlogged, and a warrant of possession must then be enforced if the tenant does not leave voluntarily. Budget for the current court fees — check gov.uk's EX50A fee schedule for the up-to-date figures.
Official sources
- Giving notice of possession to tenants before 1 May 2026 (GOV.UK guidance) — primary
- Renters' Rights Act 2025 (legislation.gov.uk) — primary
- Housing Act 1988, Schedule 2 (as amended) — primary
- Grounds for possession: guidance for landlords and letting agents (GOV.UK) — primary
- The Renters' Rights Act Information Sheet 2026 (GOV.UK) — primary
- Court and tribunal fees: updates from July 2026 (GOV.UK) — primary
- Fees in the civil and family courts – full list (EX50A), GOV.UK — primary
- The Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 — primary