Section 21 has gone. Section 8 is the only route. Get it right first time.
There is no single section 21 replacement – there is the Section 8 process, done properly. TLA membership gives landlords in England the tools to do it: AI Document Studio for statutory notices, ORBIT for the evidence trail, the RRA Compliance Checker for your agreement, and solicitor advice when you need it. Wales and Scotland have separate regimes.
Where things stand on 1 November 2026
Section 21 “no fault” notices could not be served on private tenancies in England from 1 May 2026. Notices served before then could only be relied on if possession proceedings were issued by 31 July 2026. That window has closed.
Since 1 May 2026, the only notice that ends a private assured tenancy is a section 8 notice on Form 3A, or a form substantially to the same effect. It must name the ground or grounds, give the correct notice period for each, and set out the substance of the ground and your reasons for relying on it.
That is a higher bar than Section 21 ever was. Section 8 possession is won or lost on three things: the right ground, the right notice, and evidence that proves it. The toolkit below is built around those three.
For the detail behind the change, read Section 21 abolished: what replaced it and our full guide to Section 8 grounds.
What is in the toolkit
The Section 21 Replacement Toolkit is not a separate product. It is how the tools already included in every TLA membership tier work together when you need possession.
AI Document Studio – statutory notices
Generates statutory notices, including Section 8 notices, and compliance forms. You answer questions about the tenancy and the ground; AI Document Studio builds the document.
ORBIT – the evidence record
ORBIT keeps a timeline for each property and tenancy: start dates, certificates, compliance status and the events that matter if you end up in court. Automated alerts flag when certificates are due, so a lapsed gas safety record or unprotected deposit does not undermine your claim later.
RRA Compliance Checker – the agreement audit
Upload your tenancy agreement and compliance documents. The Checker audits them, checks Renters’ Rights Act readiness, identifies missing clauses and flags legal risks, then produces a remediation report. Problems found before you serve notice are far cheaper than problems found by a judge.
Legal advice – when the case needs a lawyer
Contested possession, mixed grounds or a tenant with a defence needs professional judgement. Book legal advice through TLA before you serve, not after the claim is dismissed.
The grounds landlords use most
These notice periods come from the GOV.UK grounds for possession guidance. Check the guidance and your facts before relying on any ground.
| Ground | Used when | Minimum notice | Key condition |
|---|---|---|---|
| Ground 1 | You or close family want to move in | 4 months | Notice cannot expire within the first 12 months of the tenancy |
| Ground 1A | You intend to sell | 4 months | Same 12-month restriction; may mean giving more than 4 months |
| Ground 8 | Serious rent arrears (mandatory) | 4 weeks | At least 3 months’ rent (monthly) or 13 weeks’ (weekly or fortnightly) owed when notice is given and at the hearing |
| Ground 10 | Any rent arrears (discretionary) | 4 weeks | Court must consider possession reasonable |
| Ground 11 | Persistent late payment | 4 weeks | Discretionary |
| Ground 12 | Breach of a tenancy term (not rent) | 2 weeks | Discretionary |
| Ground 14 | Antisocial behaviour | None – can apply to court immediately | No order until 14 days after notice was given |
Ground 8 cannot be used if arrears fall below the threshold by the hearing, or if they result from unpaid Universal Credit. After serving notice on Ground 1 or 1A, you must not re-let or market the property for letting during a restricted period that runs until 12 months after the notice ends. Breach is a criminal offence.
Arrears building up?
Start the paper trail now. When the threshold is met, AI Document Studio generates the Section 8 notice itself. ORBIT keeps the property timeline and tenancy record that sit behind it.
How the toolkit works, step by step
- Audit the tenancy first. Upload the agreement to the RRA Compliance Checker. Confirm the deposit was protected and prescribed information given – for most grounds, possession depends on it.
- Check the compliance record. Use ORBIT to confirm gas safety, EICR and EPC records are current and on file for the property, and that the tenancy timeline is complete.
- Choose the ground. Match your facts to the ground and its conditions. If more than one ground applies, or the facts are disputed, book legal advice.
- Build the notice. Generate the Section 8 notice in AI Document Studio, with the ground, the substance of it, your reasons and the correct notice period.
- Serve it and record service. Serve in a way permitted by the tenancy and the notice requirements, and record the date and method on the property timeline in ORBIT.
- Gather evidence while the notice runs. Rent statements for arrears, photos for damage, witness statements for antisocial behaviour, and proof of intent such as an estate agent instruction for a sale.
- Apply to court if the tenant does not leave. Claims based only on rent arrears can go online; other grounds use paper forms N5 and N119 with a copy of the notice. GOV.UK lists the court fee as £415.
You cannot remove a tenant yourself. Only court bailiffs or High Court enforcement officers can enforce a possession order, and illegal eviction is a criminal offence.
Why connected tools matter for Section 8
Section 21 forgave a lot. You did not need to prove anything about the tenant, only that your paperwork was in order. Section 8 asks you to prove the ground as well.
That means the notice, the evidence and the compliance record have to agree with each other. If your notice says arrears reached three months on a date your rent statement contradicts, or your deposit protection cannot be shown, the claim is at risk.
Keeping documents in AI Document Studio and the record in ORBIT means the facts in your notice and the facts on your timeline come from the same place. Fewer gaps, fewer adjourned hearings, less time lost.
Before you need possession
The best possession case starts at the beginning of the tenancy. Prior written notice is required for some grounds, including 2ZA, 2ZB, 4A and 5C, so that notice needs to be given at the right time to be usable later.
A tenancy agreement built for the Renters’ Rights Act, a protected deposit, and a complete compliance record are what make Section 8 workable. Our AI tenancy agreement generator covers the agreement side.
Included in every membership tier
AI Document Studio, ORBIT and the RRA Compliance Checker are included in every annual TLA membership: Landlord £149, Plus £199 and Premium £299. Tiers differ in level of service – see plans.
Frequently asked questions
What replaced Section 21?
Nothing like-for-like. Since 1 May 2026, private landlords in England can only seek possession of an assured tenancy using a section 8 notice and one or more statutory grounds, including new grounds for selling or moving in.
Can I still use a Section 21 notice I served before 1 May 2026?
Only if you issued possession proceedings by 31 July 2026. That deadline has passed, so an unused pre-May notice can no longer be relied on.
How much notice do I give to sell the property?
Ground 1A requires four months’ notice, and the notice cannot expire within the first 12 months of the tenancy. You then cannot re-let or market the property for letting until 12 months after the notice ends.
What notice form do I use?
Form 3A, the notice seeking possession of an assured tenancy, or a form substantially to the same effect. AI Document Studio generates Section 8 notices from your answers.
Can I get possession if I did not protect the deposit?
For most grounds, no. The deposit must have been protected in an approved scheme with prescribed information given. GOV.UK says this does not apply to grounds 7A or 14.
Is the toolkit a separate product?
No. It is the combination of AI Document Studio, ORBIT, the RRA Compliance Checker and legal advice booking, all available through TLA membership.
Does this apply in Wales or Scotland?
No. This page covers England. Wales and Scotland have their own possession rules and notice requirements.
Build your Section 8 notice on solid ground
Generate the notice in AI Document Studio, backed by your ORBIT record, or speak to a solicitor before you serve.

