New possession grounds and process — Renters' Rights Act

From 1 May 2026, Section 21 no-fault evictions are abolished in England. New landlord possession action must use Section 8 with one of the updated grounds in Schedule 2 of the Housing Act 1988 as amended by the Renters’ Rights Act. This guide explains the key grounds, the process, and what landlords need to prepare.

What changed on 1 May 2026

Section 21 abolished. No new Section 21 notices can be served after 1 May 2026. All possession must be based on a specific ground under Section 8.

Updated Section 8 grounds. The Renters’ Rights Act introduces new grounds and strengthens existing ones. The key changes include:

Mandatory grounds (court must grant possession if established)

• Ground 1 - Owner occupation: a qualifying landlord or family member intends to occupy the home. Four months’ notice and a 12-month protected period apply; check the full conditions.
• Ground 1A - Selling: the landlord intends to sell. Four months’ notice and a 12-month protected period apply; check the full conditions.
• Ground 8 - Serious rent arrears: the current threshold for monthly rent is three months at the relevant stages, with four weeks’ notice. Check the rules for other payment periods and exceptions.

Discretionary grounds (court has discretion to grant possession)

• Ground 10 — Rent arrears: Some rent unpaid (below the Ground 8 threshold). Court may grant if it considers it reasonable.
• Ground 11 — Persistent late payment: History of late rent payment even if not currently in arrears.
• Ground 14 — Antisocial behaviour: Nuisance or annoyance to neighbours, criminal conviction in or near the property.
• Ground 17 — Misrepresentation: Tenant induced the landlord to grant the tenancy by misrepresentation.

Notice periods under Section 8

Notice periods vary by ground. Key notice periods from 1 May 2026:

Ground	Notice period
Ground 1 (owner occupation)	4 months
Ground 1A (selling)	4 months
Ground 8 (serious arrears)	4 weeks
Ground 14 (antisocial behaviour)	Proceedings may begin immediately; check the ground’s conditions
Ground 10/11 (arrears)	4 weeks

Always check the current statutory notice periods before serving — these may be confirmed or adjusted in commencement orders.

When it applies

• All possession proceedings commenced on or after 1 May 2026 must use Section 8
• Older Section 21 and Section 8 notices served before 1 May 2026 only continue under the limited transitional rules
• The 12-month moratorium on Grounds 1 and 1A runs from the start of each individual tenancy

What landlords must do

• Familiarise yourself with the updated Section 8 grounds before serving notice
• Use the correct prescribed Section 8 notice form (Form 3A — updated version)
• Ensure rent arrears documentation is complete if relying on Ground 8 or 10
• Give the correct notice period for the ground being relied upon
• Issue proceedings promptly after the notice period expires
• Seek legal advice for complex possession matters — getting the ground or notice period wrong will invalidate the notice

What evidence to keep

• Complete rent account showing all payments and arrears
• The Section 8 notice (Form 3A) and proof of service on tenants
• Evidence supporting the ground (e.g. written complaints for ASB grounds, sale agreement for Ground 1A)
• Court documents and hearing dates

Common mistakes

• Using an old notice form — always use the updated prescribed Section 8 form valid from 1 May 2026
• Misreading the protected period: notice can be served earlier, but the required possession date must respect the first 12 months and the applicable notice period.
• Insufficient arrears for Ground 8 — both at the notice date and at the hearing date, arrears must meet the threshold
• Not serving the notice correctly — proper service on all named tenants is required; see proof-and-evidence guides

FAQ

Can I still evict for rent arrears after 1 May 2026? Yes — Ground 8 (mandatory, serious arrears) and Grounds 10 and 11 (discretionary) remain available. Keep detailed rent account records.

What notice period do I give for antisocial behaviour? Ground 14 permits proceedings to begin immediately after notice, subject to its conditions. It is discretionary: the court must consider the evidence and whether possession is reasonable.

Is there a mandatory ground for selling the property? Yes — Ground 1A (selling with vacant possession) is a new mandatory ground under the Renters’ Rights Act. However, 4 months’ notice is required and it cannot be used in the first 12 months of the tenancy.

What if the tenant leaves before the court hearing? If the tenant vacates after the Section 8 notice is served, the tenancy ends on the date they leave (or the notice expiry date if later). You do not need a possession order if the property has been vacated.