Section 21 Is Gone: How Possession Works Now

Section 21 is abolished. As of the commencement of the Renters' Rights Act 2026, landlords can no longer serve a Section 21 "no-fault" notice to recover possession of a residential property. Any Section 21 notice served after commencement is invalid. If you were relying on one, you will need to start again using Section 8.

This is the most significant change to residential possession law in a generation. The good news is that Section 8 — grounds-based possession — has been substantially strengthened to compensate, with new mandatory grounds and clearer procedures.

Section 8 Is Now the Only Route

Every possession claim must now be based on one or more of the statutory grounds in Schedule 2 of the Housing Act 1988 (as amended). There are two types of ground:

- Mandatory grounds: if you prove the ground, the court *must* grant possession. The judge has no discretion.

- Discretionary grounds: the court *may* grant possession if it considers it reasonable to do so. The judge weighs up the circumstances.

Choosing the right ground — and proving it — is now the whole game.

The Most Important Section 8 Grounds

*Mandatory grounds (court must grant possession if proved):*

- Ground 1 — Landlord or family moving in (new): A new mandatory ground introduced by the Renters' Rights Act. The landlord, or a close family member, intends to occupy the property as their only or principal home. Notice period: 4 months. Cannot be used in the first 12 months of the tenancy.

- Ground 6 — Redevelopment: The landlord intends to demolish or substantially redevelop the property and cannot reasonably do so with the tenant in occupation. Notice period: 2 months.

- Ground 8 — Serious rent arrears: At the date of notice *and* at the date of the hearing, the tenant owes at least 2 months' rent (if rent is paid monthly) or 8 weeks' rent (if paid weekly). Both conditions must be met — if the tenant pays down arrears before the hearing, this ground fails. Notice period: 4 weeks.

*Discretionary grounds (court may grant possession):*

- Ground 10 — Some rent unpaid: Rent is in arrears at the date of notice and at the date of proceedings. Less than 2 months' arrears. Notice period: 4 weeks.

- Ground 11 — Persistent late payment: The tenant has persistently delayed paying rent, even if no arrears exist at the time of the hearing. Notice period: 4 weeks.

- Ground 12 — Breach of tenancy: The tenant has broken one or more terms of the tenancy agreement (other than the obligation to pay rent). Notice period: 2 months.

- Ground 14 — Anti-social behaviour: The tenant, or someone living in or visiting the property, has caused nuisance or annoyance to neighbours or the landlord, or has been convicted of a relevant offence. Notice period: immediately (you can apply to court the same day notice is served).

- Ground 14A — Domestic abuse (new): The property was occupied by a couple, one partner has left because of domestic abuse by the other, and the remaining partner is the perpetrator. Notice period: 2 weeks.

- Ground 14ZA — Serious criminal conviction (new): The tenant has been convicted of a serious offence (as defined in the Act) at or near the property. Notice period: immediately.

Notice Periods at a Glance

| Ground | Notice Period |

|---|---|

| Ground 1 (landlord moving in) | 4 months |

| Ground 6 (redevelopment) | 2 months |

| Ground 8 / 10 / 11 (rent arrears / late payment) | 4 weeks |

| Ground 12 (breach of tenancy) | 2 months |

| Ground 14 / 14ZA (ASB / serious crime) | Immediately |

| Ground 14A (domestic abuse) | 2 weeks |

The Court Process

Once the notice period expires and the tenant has not vacated, you must apply to court. The steps are:

1. Issue a possession claim — file Form N5 (and N119 for accelerated procedure, though this is now less relevant) at the County Court. Pay the court fee.

2. Hearing — the court lists a hearing, usually 4–8 weeks after issue. Both parties attend. You present your evidence; the tenant can defend.

3. Possession order — if you succeed, the court grants a possession order. This usually gives the tenant 14–28 days to leave (or up to 42 days in cases of exceptional hardship).

4. Warrant of possession — if the tenant still does not leave, you apply for a warrant. County Court bailiffs will then attend to enforce the order.

For mandatory grounds, the hearing is usually straightforward if your evidence is solid. For discretionary grounds, be prepared to argue why it is reasonable to grant possession.

Mandatory vs Discretionary: Why It Matters

With a mandatory ground, once you prove the facts, the court has no choice. With a discretionary ground, even if you prove the facts, the judge might refuse possession — for example, if the tenant has young children, has paid off the arrears, or the breach was minor. Always consider whether a mandatory ground applies before relying on a discretionary one.

Practical Tips

- Serve notice correctly: use the prescribed form (Form 3 for Section 8), state the grounds clearly, and serve in accordance with the tenancy agreement. A defective notice will be rejected by the court.

- Keep evidence: for rent arrears, print a full rent account showing every payment and every shortfall. For ASB, keep a log of incidents with dates, times, and witnesses. For breach, keep copies of the tenancy agreement and any correspondence.

- Act promptly: for Ground 8, the arrears must exist at *both* the notice date and the hearing date. If you delay, the tenant may pay down arrears and defeat the claim.

- Consider a money judgment: when applying for possession on arrears grounds, also ask the court for a money judgment for the debt. This gives you an enforceable judgment even after the tenant leaves.

- Use a solicitor for complex cases: possession proceedings involving defended claims, counterclaims for disrepair, or vulnerable tenants can become complicated quickly. Professional advice is worth the cost.

The Bottom Line

Section 21 is gone, but possession is still achievable. The law now requires landlords to have a genuine reason — and to prove it. Landlords who keep good records, maintain their properties, and follow the correct procedures will find the Section 8 process manageable. Those who don't will struggle.