After Section 21 abolition, all repossessions in England require valid Section 8 grounds. Understand mandatory and discretionary grounds, notice periods, and court procedure.
England only. This guide applies to private rented property in England. Wales and Scotland have separate legal frameworks — dedicated guides will be published separately.
From 1 May 2026, landlords and letting agents in England can only regain possession by serving a Section 8 notice citing a valid ground under Schedule 2 of the Housing Act 1988. The Renters' Rights Act 2025 strengthens existing grounds and introduces new ones, including grounds for sale and landlord occupation.
Unlike the former Section 21 route, Section 8 requires evidence. Agents must help landlords build and maintain a documentary record of tenancy breaches from day one.
If the court is satisfied a mandatory ground is met, it must grant a possession order. The landlord does not need to prove it is reasonable to evict. See our Section 8 grounds guide for evidence requirements on each ground.
| Ground | Reason | Notice period |
|---|---|---|
| Ground 8 | Rent arrears (3+ months) | 2 weeks |
| Ground 7A | Serious antisocial behaviour | 4 weeks (new under RRA) |
| Ground 7B | No right to rent | 2 weeks |
| Ground 14A | Domestic abuse (social housing) | 2 weeks |
The court decides whether it is reasonable to grant possession. Strong evidence and a clear pattern of breach improve success rates.
| Ground | Reason | Notice period |
|---|---|---|
| Ground 10 | Some rent arrears (less than Ground 8) | 2 weeks |
| Ground 11 | Persistent late payment | 2 weeks |
| Ground 12 | Breach of tenancy terms | 2 weeks |
| Ground 13 | Property deterioration | 2 weeks |
| Ground 14 | Antisocial behaviour / nuisance | 4 weeks (new under RRA) |
| Ground 1 | Landlord wants to move in | 4 months (new under RRA) |
| Ground 1A | Landlord wants to sell | 4 months (new under RRA) |
Courts reject claims supported only by landlord assertions. Maintain contemporaneous records: dated rent ledgers, copies of all notices served, photographs of property condition, complaint logs, police incident numbers, and witness statements from neighbours.
HMO landlords face additional compliance requirements. An unlicensed HMO cannot use any possession route. Ensure your property meets all HMO compliance standards before commencing any eviction.
Section 21 allows no-fault possession (abolished 1 May 2026). Section 8 requires the landlord to prove a specific legal ground — such as rent arrears, antisocial behaviour, or wanting to sell the property. Section 8 remains the sole possession route after abolition.
Ground 8 is mandatory if at least three months' rent is unpaid both when notice is served and at the court hearing. For weekly tenancies, eight weeks' arrears applies instead.
Yes. Tenants can dispute the ground, raise counterclaims (e.g. for disrepair under Section 11), or argue that eviction is disproportionate for discretionary grounds. Courts may adjourn or dismiss claims with weak evidence.
From serving notice to bailiff enforcement typically takes 4–6 months, longer if the tenant defends or raises disrepair counterclaims. Mandatory grounds (e.g. Ground 8) are generally faster than discretionary grounds.
General information only — not legal advice. Laws change; verify against current legislation and seek professional advice for your situation.
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The court will dismiss the claim. You may need to serve a new notice with the correct ground and start again, adding months to the process. Always match the ground to the evidence.