Section 21 is Abolished. Here's How Landlords Regain Possession Under Section 8

Section 21 is dead from 1 May 2026. The "no-fault" eviction route that has anchored the private rented sector for thirty years is gone. In its place: an expanded Section 8 framework with statutory grounds, longer notice periods, and protected periods that prevent possession in the early months of a tenancy. This guide covers the new framework in detail — what's changed, what each ground requires, and where the genuine pitfalls are.

What changed on 1 May 2026

The Renters' Rights Act 2025 abolishes Section 21 of the Housing Act 1988 in respect of all assured tenancies in England. From 1 May 2026, no Section 21 notice can be served on any tenancy, and the accelerated possession procedure that supported Section 21 claims is retired. Landlords seeking possession after that date must rely on Section 8, supported by one or more statutory grounds in the revised Schedule 2 of the Housing Act 1988.

The headline change for landlords is the loss of an unconditional route to possession. Section 21 required only that the prerequisites had been met (deposit protection, prescribed information, EPC, gas safety, How to Rent guide) and that the notice period had run. Section 8 requires all of that plus a statutory ground, plus evidence supporting that ground, plus a court hearing. The procedural barrier is materially higher.

If you have an existing Section 21 notice

Section 21 notices served on or before 30 April 2026 remain valid under the transitional provisions in Schedule 6 of the Renters' Rights Act 2025. However, possession proceedings on those notices must be issued at court by 31 July 2026 at the latest. After that date, any unused Section 21 notice lapses and is no longer enforceable. The landlord would then need to start over under Section 8 with a statutory ground.

For practical guidance on the court claim form itself, see our N5 possession claim form guide.

The new Section 8 framework: mandatory and discretionary grounds

Section 8 grounds fall into two categories. Mandatory grounds require the court to grant possession if the landlord proves the ground applies. Discretionary grounds give the court the power to decide whether possession is reasonable on the facts. The Renters' Rights Act has expanded both categories, with new mandatory grounds for landlord move-in, sale of the property, and student HMO accommodation, and amendments to several existing grounds.

The full list of grounds and notice periods is set out in Schedule 1 of the Act, which inserts the revised Schedule 2 into the Housing Act 1988. The most important grounds for private landlords are summarised below.

Ground 1 — Landlord or family wants to move in (mandatory, amended)

Ground 1 has been widened. A landlord can now seek possession to allow themselves or specified close family members to occupy the property as their main home. The notice period is four months. Crucially, the notice cannot expire in the first twelve months of the tenancy — meaning the earliest the landlord can serve notice is at the eight-month mark, with the four-month notice period running out at the twelve-month point.

The definition of "family" for Ground 1 includes the landlord's spouse, civil partner, parent, grandparent, sibling, child, and grandchild, including half-blood relations. It does not include nieces, nephews, cousins, aunts, or uncles. Limited liability companies that own rental property cannot use Ground 1 (because companies have no family).

If possession is recovered under Ground 1 and the landlord or family member then leaves, there is a twelve-month re-letting prohibition starting from the date the notice was served. The landlord cannot re-let or market for re-letting (including on Airbnb) during that restricted period. Marketing in breach of the restriction is a criminal offence.

Ground 1A — Landlord wants to sell (mandatory, new)

Ground 1A is a new mandatory ground introduced by the Act. It allows the landlord to recover possession in order to sell the property — a freehold sale, a leasehold sale of more than 21 years, or assignment of certain shared-ownership leases.

The notice period is four months, and (as with Ground 1) the notice cannot expire in the first twelve months of the tenancy. Ground 1A cannot be used by social housing providers, and re-letting is prohibited for twelve months from the earliest date for possession proceedings stated in the notice. The re-letting prohibition is enforceable as a criminal offence; marketing for re-letting during the restricted period is treated separately as a regulatory matter.

There are narrow exceptions to the re-letting restriction: if the property has been demonstrably for sale at fair value for twelve months without a suitable offer, or where shared-ownership leaseholders need to assign their lease (a carve-out added at Report Stage to address building safety issues affecting many shared owners' ability to sell).

Ground 4A — Student HMO at end of academic year (mandatory, new)

Ground 4A is a new mandatory ground specific to student HMOs. It allows landlords letting student HMO accommodation to recover possession in line with the academic year, so that the property can be re-let to the next year's intake of students.

Three conditions apply. First, the property must be a House in Multiple Occupation as defined by Part 2 of the Housing Act 2004. Second, the tenancy must have been agreed within six months of the tenants moving in (this rule was added by government amendment at Report Stage). Third, the notice period is four months, and the notice must expire between 1 June and 30 September. A transitional two-month notice period applies for the 2026/27 academic year only.

Ground 6 — Redevelopment (mandatory, amended)

Ground 6 allows possession where the landlord intends to demolish or substantially redevelop the property and that work cannot be done with the tenant in occupation. The notice period is four months. Importantly, Ground 6 has been amended to require that the landlord acquired their interest in the property before the start of the tenancy. A landlord who buys a tenanted property cannot use Ground 6 against the inherited tenant.

Ground 7A — Severe anti-social behaviour or criminal behaviour (mandatory, retained)

Ground 7A is the mandatory ground for the most serious cases of anti-social or criminal behaviour. It applies where a tenant or occupier has been convicted of a relevant offence committed in or near the property, where there has been a breach of an order designed to prevent anti-social behaviour, or where a closure order has prohibited access to the property for more than 48 hours. Proceedings can be issued immediately after notice has been served. The notice period is four weeks.

Ground 8 — Serious rent arrears (mandatory, amended)

Ground 8 is the mandatory ground for serious rent arrears, and the most commonly used possession ground in private landlord cases. The Renters' Rights Act has tightened both ends of the threshold:

• Arrears threshold: raised from two months to three months for monthly tenancies (or thirteen weeks for weekly/fortnightly tenancies). The threshold must be met both at the date the notice is served and at the date of the possession hearing.
• Notice period: doubled from two weeks to four weeks.
• Universal Credit exclusion: any unpaid amount that is owed only because the tenant has not yet received a Universal Credit housing payment is excluded from the arrears calculation.

The combined effect is that landlords can no longer issue Ground 8 proceedings as quickly as before, and the arrears must be more substantial. Most landlords will need to monitor arrears more carefully and intervene earlier through tenant communication and, where appropriate, repayment arrangements.

Discretionary grounds (10, 11, 12, 13, 14, 14A, 14ZA, 17)

The discretionary grounds remain largely as they were, with two notable changes:

• Ground 14 (anti-social behaviour discretionary): retained, but when deciding whether possession is reasonable, the court must now consider whether the tenant has cooperated with the landlord's attempts to encourage the conduct to cease. This is a meaningful procedural change — landlords pursuing Ground 14 will want to document any warnings, mediation offers, or behavioural agreements.
• Ground 14A (domestic abuse): a discretionary ground allowing possession where a tenant or occupier has been convicted of a domestic abuse offence against their partner or former partner. Safeguards apply to protect victims.

The other discretionary grounds — suitable alternative accommodation (9), rent arrears at hearing (10), persistent late payment (11), breach of tenancy (12), property deterioration (13), and false statements (14ZA, 17) — remain available with the same broad framework as before, though some notice periods have changed.

The 12-month protected period: what landlords need to plan around

The single most consequential change for buy-to-let strategy is the twelve-month protected period attached to Grounds 1 and 1A. A landlord granting a new tenancy on or after 1 May 2026 cannot recover possession to move in or to sell within the first twelve months of that tenancy.

The mechanics: the relevant date — the earliest date the notice can expire — must be at least twelve months from the start of the tenancy. Because Grounds 1 and 1A both require four months' notice, the earliest a landlord can serve notice is eight months into the tenancy, with the notice expiring after twelve months. Practically, landlords should plan for a minimum sixteen-month commitment from the start of any new tenancy where there is any possibility of needing possession for personal use or sale.

Note that the protected period restarts when a new tenancy is granted, including a fixed-term renewal of an existing tenancy. A landlord whose tenant has been in residence for several years cannot extend the original tenancy as a renewal without resetting the twelve-month clock.

The re-letting restriction: a meaningful enforcement risk

Where possession is recovered under Ground 1 or Ground 1A, the landlord cannot re-let the property — to any tenant, on any tenancy of 21 years or less, or as a licence to occupy (including Airbnb) — for twelve months from the earliest date for possession proceedings stated in the notice. The restriction applies regardless of whether the family member moves out, the sale falls through, or circumstances otherwise change.

Marketing the property for re-letting during the restricted period is itself an offence. Local authorities have enforcement powers under the Act, with civil penalties for breaches. A managing agent who lets the property in breach can also be prosecuted, with a defence available only if the agent can prove they took all reasonable steps to avoid the breach.

This is not a minor procedural detail. A landlord who serves a Ground 1A notice intending to sell, and who then fails to find a buyer, may be locked out of any rental income from the property for the rest of the restricted period — effectively eighteen months or more from the date the notice was served. The financial consequence of getting this wrong is significant.

Common mistakes to avoid

Patterns from how the new framework operates suggest several recurring landlord errors that defeat possession claims.

Serving notice too early under Ground 1 or 1A. The notice cannot expire in the first twelve months of the tenancy, period. Serving notice at month seven for a relevant date at month eleven is invalid — even if the landlord's intention to occupy or sell is genuine. Calculate the relevant date carefully against the start of the current tenancy (not the start of the original tenancy if there has been a renewal).

Pleading the wrong family member for Ground 1. Ground 1 is for the landlord, spouse, civil partner, parent, grandparent, sibling, child, grandchild, or half-blood relations. A niece, nephew, cousin, aunt, or uncle does not qualify. A claim citing the wrong relative is doomed.

Underestimating the rent arrears threshold under Ground 8. The new threshold is three months' arrears, not two. The threshold must be met both when notice is served and when the case is heard. Tenants who clear arrears below the threshold before the hearing can defeat a Ground 8 claim — landlords often need to plead Grounds 8, 10, and 11 in the alternative.

Marketing for re-let too early after Ground 1 or 1A. The 12-month re-letting restriction starts from the earliest date for possession proceedings (Ground 1A) or notice expiry (Ground 1). Marketing the property within the restricted period — even speculatively — is a criminal offence.

Missing prerequisites for legacy Section 21. A Section 21 notice served before 1 May 2026 still requires deposit protection, prescribed information, EPC, gas safety, and How to Rent guide compliance. Any prerequisite missed makes the notice invalid, regardless of the transitional provisions. The 31 July 2026 deadline for issuing claims is unforgiving.

When to get proper legal advice

Possession proceedings are legally complex and the consequences of getting it wrong are significant. You should consider taking advice from a practising solicitor specialising in landlord and tenant law if any of the following apply:

• You are pleading Ground 1A and there is any uncertainty about whether the sale will complete within the restricted period.
• You are relying on a discretionary ground where the tenant is likely to defend.
• The tenancy started before 1989 (different statutory framework applies).
• The deposit was not protected, the prescribed information was not served, or there are gas safety / EPC / How to Rent issues.
• The tenant has raised a counterclaim for disrepair, harassment, or unlawful eviction.
• The property has unusual features (resident landlord, mixed-use, company tenant, multiple landlords).

The Law Society's Find a Solicitor service allows you to filter for landlord and tenant specialists by region. For the procedural detail of court claims, see our N5 possession claim form guide.

Related guides

• Renters' Rights Act 2025: Complete landlord guide — the parent hub covering the full Act.
• Section 8 notice — full procedural guide
• Form N5 — starting a possession claim at court
• Section 13 notice — the new rent increase mechanism

Sources

• Renters' Rights Act 2025 — full text on legislation.gov.uk
• Schedule 1 (revised Schedule 2 grounds for possession)
• Housing Act 1988 (the underlying statute)
• Renters' Rights Act Information Sheet 2026 (gov.uk)
• Form N5 (HM Courts & Tribunals Service)

This guide reflects the position as of 30 April 2026. Secondary legislation under the Act continues to be laid; landlords should check gov.uk for any updates after this date.