For a generation, Section 21 let a landlord in England end a tenancy without giving a reason. It went on 1 May 2026, for new and existing tenancies alike. Landlords can still regain possession, but only on a ground in Schedule 2 of the Housing Act 1988, with the right notice, the right evidence and, if the tenant does not leave, a court order. This guide explains how it now works.
The grounds landlords actually use
There are more than twenty grounds. In practice most claims turn on a handful.
| Ground | What it covers | Notice period | Mandatory or discretionary |
|---|---|---|---|
| 1 | You or a close family member intend to live in the property | 4 months | Mandatory |
| 1A | You intend to sell the property | 4 months | Mandatory |
| 6 | Substantial redevelopment that cannot be done with the tenant in place | 4 months | Mandatory |
| 8 | At least three months' rent arrears when the notice is served and at the hearing | 4 weeks | Mandatory |
| 10 | Some rent arrears when the notice is served and when proceedings begin | 4 weeks | Discretionary |
| 11 | Persistent late payment, even if nothing is owed at the hearing | 4 weeks | Discretionary |
| 12 | Breach of a term of the tenancy other than rent | 2 weeks | Discretionary |
| 13 | The tenant has let the property deteriorate | 2 weeks | Discretionary |
| 14 | Antisocial behaviour or nuisance | Proceedings can begin immediately | Discretionary |
| 17 | The tenancy was granted on a false statement by the tenant | 2 weeks | Discretionary |
A mandatory ground means the court must grant possession if the ground is proved. A discretionary ground means the court must also decide that it is reasonable to grant possession, which is where evidence and conduct matter most.
Selling or moving in: the two new mandatory grounds
Grounds 1 and 1A replaced the most common reasons landlords used Section 21. Both have conditions attached.
- Neither can be used in the first twelve months of the tenancy.
- Four months' notice is required.
- If you use ground 1A to sell and then do not sell, you cannot re-let or market the property for twelve months from the date in the notice. Doing so is an offence and the tenant can claim a rent repayment order.
- The court will expect evidence of intention: an estate agent's instruction, a memorandum of sale, or in the case of moving in, evidence that the family member is real and the intention genuine.
Landlords who use these grounds to remove a tenant they simply want rid of are the enforcement priority for councils. The penalties are up to £7,000 for a first breach and up to £40,000, or prosecution, for repeat or serious breaches.
Rent arrears
Ground 8 is the mandatory arrears ground. Under the Act the threshold is three months' arrears, or thirteen weeks if rent is paid weekly, and the arrears must exist both on the day the notice is served and on the day of the hearing. A tenant who pays enough to drop below the threshold the day before court defeats the ground. That is why we serve grounds 10 and 11 alongside ground 8 on every arrears notice, so that the claim survives a partial payment.
Read our separate guide on what to do in the first 30 days of arrears, because most arrears cases are won or lost before a notice is ever served.
The process from notice to keys
- Check the file. Deposit protected and prescribed information served, gas safety certificate given at the start, current How to Rent guide provided, any licence in place. Gaps here do not automatically defeat a Section 8 claim the way they defeated Section 21, but they hand the tenant a counterclaim and they will be raised.
- Serve the notice. Form 3, correctly completed, stating every ground relied on and the facts supporting each. The notice must be served in a way your tenancy agreement permits and you need proof of service.
- Wait the notice period. The clock runs from service, not from the date on the form. Getting this wrong by a day invalidates the notice.
- Issue the claim. If the tenant has not left, apply to the county court. The court fee is currently around £400 for a standard possession claim. Include the evidence for each ground in the particulars.
- The hearing. Typically six to twelve weeks after issue, depending on the court. The judge will consider the grounds, any defence and any counterclaim, and may adjourn if the paperwork is not in order.
- The order. Usually fourteen days to leave, extendable to six weeks in cases of exceptional hardship.
- Enforcement. If the tenant still does not leave, apply for a warrant and a county court bailiff attends. Transferring to the High Court for a faster enforcement officer is possible but needs permission.
From notice to bailiffs, a straightforward arrears case takes five to seven months in most of England at the moment. Contested cases take longer.
Mistakes that lose cases
- Using the wrong form, or an out-of-date version of the right one
- Serving less notice than the ground requires, or miscounting the period
- Relying on ground 8 alone when the arrears may fall below three months
- No proof of service
- Continuing to accept rent labelled as rent after serving a ground 14 notice, without recording that it is accepted as use and occupation
- Threatening the tenant, changing locks, cutting off services or turning up unannounced. Any of these is harassment under the Protection from Eviction Act 1977 and a criminal offence.
How we handle possession for managed landlords
Every managed tenancy has a compliance file kept from day one, so when a ground arises we are not hunting for a gas certificate from three years ago. We choose the grounds, draft and serve the notice, prepare the claim and attend the hearing. Where a case needs litigation support, we work with our sister practice Marchbank and Vale Associates, which handles arrears recovery and possession paperwork. It is not a firm of solicitors, and where a case needs one we will say so.
If you have a tenancy you need to end and are not sure which ground applies, contact us with the facts and we will tell you what we think before you serve anything.