Important Update – Section 21 Abolished

Please note that under the Renters’ Rights Act 2025, Section 21 ‘no-fault’ eviction notices have been abolished. Section 8 notice Form 3A has been amended. This means landlords in England can no longer rely on Section 21 to regain possession of a property.

All possession claims must now be made using the statutory grounds under Housing Act 1988 (as amended), such as rent arrears, breach of tenancy, or other specified grounds.

Any guidance in this article relating to Section 21 reflects the legal position prior to these changes and is now provided for historical or contextual understanding only. Landlords should ensure they are following the updated legal framework before taking any action.

What Are the New Possession (Eviction) Grounds and Notice Periods Under Section 8?

With the proposed abolition of no-fault evictions under Section 21 of the Housing Act 1988, landlords in England are increasingly concerned about the revised grounds for possession under Section 8.

This shift represents a fundamental rebalancing of power between landlords and tenants, where landlords must now rely solely on specific legal grounds to regain possession of their rental properties.

In this article, we explain the updated Section 8 possession grounds, the notice periods now required, and how these changes affect landlord rights moving forward.

We also discuss the reforms’ implications for landlords’ ability to recover their property lawfully.

Understanding the Abolition of Section 21 No-Fault Evictions

Section 21 currently allows landlords to evict tenants without needing to give a reason, provided they give at least two months’ notice and the fixed term has ended. This “no-fault” route has been heavily criticized for undermining tenant security and discouraging long-term renting.

The Renters (Reform) Bill proposes to abolish Section 21 entirely. In its place, landlords will need to rely exclusively on Section 8 of the Housing Act, which requires specific legal grounds for eviction.

To accommodate this, the government has expanded and amended the Section 8 grounds to ensure landlords still have fair and workable pathways to regain possession in justified circumstances.

What Is Section 8 and How Does It Work?

Section 8 of the Housing Act 1988 allows landlords to seek possession of a property during or after a tenancy if they can establish that one or more of the statutory grounds for eviction apply.

There are two types of grounds under Section 8:

• Mandatory grounds, where the court must grant possession if proven.
• Discretionary grounds, where the court may grant possession depending on the circumstances.

To initiate possession proceedings, the landlord must serve a Section 8 notice on the tenant, specifying the ground(s) relied upon, and then apply to the court if the tenant does not vacate voluntarily.

The New and Updated Grounds for Possession

The government has committed to updating Section 8 grounds to make them “fairer, more comprehensive, and more usable.” Several new grounds are being introduced, and existing ones revised. Below is a summary of the key changes:

Landlord Wants to Sell (New Ground – Mandatory)

This ground allows landlords to regain possession if they intend to sell the property.

• Notice period: 2 months
• Conditions: Cannot be used in the first six months of a tenancy. The landlord must provide evidence of intent to sell.

This new provision replaces the informal reliance many landlords placed on Section 21 for sale-related evictions.

Landlord or Family Member Wants to Move In (Updated Ground 1)

This existing ground is being amended to be more usable under the new regime.

• Notice period: 2 months
• Conditions: The property must be intended for the landlord or a close family member to reside in. Cannot be used in the first six months of a tenancy. Previously, this was rarely used due to strict conditions and lack of clarity.

Rent Arrears (Updated Grounds 8, 10, and 11)

Rent arrears remain a key reason for possession. The reforms aim to strike a balance between landlord recovery rights and protection for vulnerable tenants.

• Ground 8 (Mandatory): The tenant has at least 2 months of rent arrears at the time of notice and court hearing.
• Ground 10 (Discretionary): Some arrears exist at time of notice and hearing.
• Ground 11 (Discretionary): Persistent late payment of rent.

Changes proposed:

• Ground 8 will now only apply when a tenant is in at least two months of arrears for three separate periods within the past three years.
• This ensures landlords can act against serial non-payers while protecting tenants facing short-term financial hardship.
• Notice period: 2 weeks for Grounds 8, 10, and 11.

Breach of Tenancy Agreement (Ground 12 – Discretionary)

Used when a tenant breaches any condition of the tenancy other than rent.

• Notice period: 2 weeks
• Examples include subletting, damage to property, or unauthorised alterations.

Anti-Social Behaviour (Grounds 7A and 14)

The government is strengthening provisions against anti-social behaviour.

• Ground 7A (Mandatory): Conviction for a serious offence (e.g. violence, drugs) linked to the property.
  • Notice period: Immediate (none required)
• Ground 14 (Discretionary): General anti-social behaviour, such as nuisance or annoyance to neighbours.
  • Notice period: Immediate (none required)

These grounds enable swift action against disruptive tenants and are being made more accessible through clearer thresholds and supporting guidance.

Supported Housing and Student Tenancies (Specialist Grounds)

The Bill proposes tailored grounds for specific tenancy types, such as:

• Purpose-built student accommodation
• Temporary homelessness accommodation
• Supported housing with on-site services

These grounds are designed to allow these sectors to continue functioning with appropriate turnover while maintaining security for tenants.

Repeated Breaches or Serious Rent Arrears (New Cumulative Grounds)

A cumulative new mandatory ground is being proposed that allows possession where:

• The tenant has been in at least two months’ rent arrears three times in the past three years, regardless of whether the arrears were cleared later.

This is intended to help landlords address cases of recurring non-payment that fall short of Ground 8 at any single time.

Revised Notice Periods Under Section 8

Notice periods vary depending on the ground relied upon. The key changes under the reform are:

• 2 weeks: Rent arrears, breach of tenancy, criminal behaviour, anti-social behaviour
• 2 months: Landlord or family moving in, property sale, employment-related lets ending
• Immediate (0 days): Anti-social behaviour under Grounds 7A and 14

Landlords must also ensure that the correct notice period is served, based on the ground(s) they rely on; otherwise, the court may dismiss the case.

How Will These Reforms Affect Landlords?

The removal of Section 21 and reliance solely on Section 8 has raised concerns among landlords about their ability to repossess property efficiently. However, the government has promised to improve the court process, including:

• Digitisation of possession claims
• Prioritisation of severe cases such as anti-social behaviour and rent arrears
• A new ombudsman for quicker dispute resolution

The aim is to ensure that where landlords have a valid reason for possession, they can act quickly and fairly.

Nevertheless, landlords will need to adapt their approach by:

• Using detailed tenancy agreements with clear terms
• Maintaining written records of rent payments and breaches
• Being prepared to provide evidence in court
• Using licensed letting agents or legal professionals to serve notices correctly

Practical Advice for Landlords Navigating Section 8 Reforms

To effectively manage possession in the post-Section 21 era:

• Start with an explicit tenancy agreement: Ensure that all expectations and rights are properly outlined and comply with the law.
• Keep thorough documentation: Rent arrears history, communications, photographs, or neighbour complaints will be critical evidence.
• Act swiftly and lawfully: Don’t delay if a tenant is breaching terms; serving the correct notice early reduces long-term costs.
• Utilise legal support: Mistakes in serving notice or presenting evidence can significantly impact your claim, so professional guidance is essential.

Summary: What Are the New Possession (Eviction) Grounds and Notice Periods Under Section 8?

As Section 21 is set to be abolished, landlords will have to rely exclusively on the updated Section 8 eviction process.

The new possession (eviction) grounds under Section 8 include selling the property, the landlord or family moving in, persistent rent arrears, breach of tenancy, and anti-social behaviour.

Each ground comes with specific legal criteria and revised notice periods, ranging from immediate to two months.

The government has enhanced these grounds to ensure landlords still have viable legal pathways to reclaim their property, while also improving tenant protection against unjust evictions.

Section 8 is no longer a backup to Section 21—it will become the primary mechanism for regaining possession. Understanding the legal grounds and correct procedures is now essential for every landlord in England.

FAQs

Can I still evict a tenant if I want to sell my property?

Yes. A new mandatory ground allows landlords to regain possession if they intend to sell, with a two-month notice period.

What happens if a tenant pays off arrears before the court hearing?

If you’re relying on Ground 8 (mandatory), the court may refuse possession if arrears are cleared before the hearing. However, repeated arrears under the new cumulative ground may still justify eviction.

Can I evict a tenant for anti-social behaviour immediately?

Yes. Grounds 7A and 14 permit immediate notice and swift action, particularly in cases involving severe or criminal offences.

How soon can I serve a notice under Section 8 of the Act?

Some grounds (such as anti-social behaviour) allow for immediate action. Others, such as property sales or moving in, can only be used after six months of tenancy.

Is court action always required for Section 8 evictions?

Yes. If the tenant does not leave after the notice expires, the landlord must apply to court for a possession order.

Useful External Links

• https://www.gov.uk/government/publications/a-fairer-private-rented-sector

• https://www.gov.uk/evicting-tenants/section-8-notice

• https://www.nationalresidentiallandlordsassociation.org.uk/news/renters-reform-bill-overview

• https://commonslibrary.parliament.uk/research-briefings/cbp-8658/