What happened to Section 21?
Section 21 of the Housing Act 1988 — the so-called “no-fault eviction” — was abolished by the Renters’ Rights Act 2025. It came into force on 1 May 2026. From that date, landlords in England can no longer serve a new Section 21 notice under any circumstances.
All existing assured shorthold tenancies (ASTs) automatically converted to assured periodic tenancies on the same date. Fixed-term tenancies are no longer available for new residential lets.
What is a Section 8 notice?
A Section 8 notice is served when a tenant has breached the tenancy agreement. It requires the landlord to specify one or more legal grounds for possession set out in Schedule 2 of the Housing Act 1988, as amended by the Renters’ Rights Act 2025.
Unlike Section 21, the landlord must have a valid reason — and the tenant has the opportunity to contest it at a court hearing.
- ✓Must specify the ground(s) relied upon on the prescribed form
- ✓Notice periods vary by ground — from 2 weeks (Ground 14) to 4 months (Ground 1A)
- !If the tenant does not leave, the landlord must apply to the county court for a possession order
- !For mandatory grounds (e.g. Ground 8), the court must grant possession if the ground is proven. For discretionary grounds, the court has discretion
The most commonly used Section 8 grounds
- !Ground 8 (mandatory — rent arrears): at least 2 months’ rent unpaid at service and at the hearing date. If proven, the court must grant possession.
- !Ground 10 (discretionary — arrears): some rent unpaid at notice and hearing. No minimum threshold. Court has discretion.
- !Ground 11 (discretionary — persistent late payment): a pattern of late payment, even if no current arrears exist.
- !Ground 12 (discretionary — breach of tenancy): any other breach of the tenancy agreement other than payment of rent.
- !Ground 14 (discretionary — antisocial behaviour): nuisance, annoyance, or criminal conviction relating to the property.
- ✓Ground 1A (mandatory — landlord/family occupation): introduced by the RRA 2025. Requires the landlord or specified family members to occupy the property. Subject to conditions and notice requirements.
| Feature | Section 21 (abolished) | Section 8 (current route) |
|---|---|---|
| Status | ❌ Abolished — 1 May 2026 | ✅ In force |
| Reason required? | No — no fault needed | Yes — specific grounds required |
| Notice period | Minimum 2 months (now irrelevant) | Varies by ground: 2 weeks (Grd 14) to 4 months (Grd 1A) |
| Court proceedings | Only if tenant refused to leave | Required if tenant does not vacate voluntarily |
| Mandatory outcome? | Court generally had to grant possession | Mandatory for some grounds (e.g. Ground 8); discretionary for others |
| Tenant can contest? | Limited — mainly procedural defects | Yes — tenant can contest grounds at hearing |
| Deposit/document pre-conditions | Required (EPC, How to Rent, deposit PI) | Generally no document pre-conditions for most grounds |
| New notices permitted? | No — unlawful from 1 May 2026 | Yes |
Your rights if you receive an eviction notice
Since 1 May 2026, any notice your landlord serves must be a valid Section 8 notice citing specific legal grounds. You have strengthened protections under the Renters’ Rights Act 2025.
- ✓Check the notice is valid. A Section 8 notice must be on the prescribed form, cite the correct ground(s), and give the correct notice period. An error on any of these points may make the notice invalid.
- ✓You are not required to leave before a court order is made. Even if the notice period expires, you cannot be removed without a court order and, if necessary, a warrant of possession enforced by a certificated bailiff.
- ✓You can contest the grounds at the hearing. For discretionary grounds, the court will consider all circumstances. Even for mandatory grounds, procedural errors may defeat the claim.
- !If you receive any eviction notice, seek advice promptly. TLA’s Eviction Notice Challenge service reviews your notice within 24–48 hours and identifies any grounds to contest.
Can a landlord still use Section 21 for a notice served before 1 May 2026?
Only if court proceedings were issued by 1 August 2026. If a valid Section 21 notice was served before 1 May 2026 but court proceedings were not issued by 1 August 2026, the notice is now unenforceable. The landlord would need to start again using a Section 8 notice.
What is the notice period for a Section 8 Ground 8 notice?
Ground 8 (mandatory rent arrears of at least 2 months) currently requires a minimum of 4 weeks’ notice. However, notice periods under the Renters’ Rights Act 2025 may be subject to further reform — always check the current rules before serving a notice or use the TLA Section 8 Review service to have your notice checked first.
Does Section 8 always result in possession?
Not automatically. For mandatory grounds (Ground 8, Ground 1A), the court must grant possession if the ground is proven. For discretionary grounds, the court considers all the circumstances — including whether the landlord behaved reasonably and whether the tenant has made efforts to resolve the situation. A well-evidenced case and documented communication history significantly improves outcomes.
Can a tenant challenge a Section 8 notice?
Yes. A tenant can challenge on procedural grounds (incorrect form, wrong notice period, error in the details), or can contest the substance of the ground at the court hearing. For discretionary grounds, a tenant can also argue that it would not be reasonable for the court to grant possession given the circumstances. Getting the notice independently reviewed early — before the hearing — gives both parties the clearest picture of their position.
My landlord is threatening to change the locks — what should I do?
Changing locks, removing belongings, or cutting off utilities without a court order is unlawful eviction — a criminal offence under the Protection from Eviction Act 1977, regardless of how much rent is owed or what notice has been served. If this happens or is threatened, contact the police and your local council’s housing team immediately, and seek urgent legal advice. TLA’s Unlawful Eviction Defence service can help.
Do I still need to provide pre-tenancy documents for Section 8?
The pre-tenancy document requirements (EPC, How to Rent guide, deposit Prescribed Information) that applied to Section 21 notices do not generally apply as pre-conditions to serving a Section 8 notice. However, failing to protect a deposit correctly can still affect your ability to rely on certain grounds and may expose you to a compensation claim from the tenant. It is best practice to ensure all documents are in order regardless.
Need help with a possession notice?
Download the correct Section 8 template, get your notice reviewed, or ask our support team a specific question about your situation.
TLA - The Landlord Association