Possession After Section 21: The Complete Landlord's Guide to Section 8 in 2026

Section 21 is gone. The ability to regain possession of a rental property without citing a specific reason (the no-fault eviction) was abolished by the Renters' Rights Act 2025 and ceased to exist from 1 May 2026. All existing assured shorthold tenancies converted automatically to periodic assured tenancies on that date. Every possession claim in England now relies on Section 8, requires specific grounds and evidence, and, unless a mandatory ground is used where the outcome is automatic, requires a judge to assess whether granting possession is reasonable.

This is a more demanding regime for landlords. But it is a navigable one, provided the correct ground is selected for the circumstances and the evidence standard that courts now expect is built from the outset of the tenancy rather than assembled retrospectively when a notice needs to be served.

What Are the Key Grounds for Possession Under Section 8?

Section 8 grounds divide into two families. Mandatory grounds require the court to grant possession where the ground is proven — the judge has no discretion. Discretionary grounds require both proof of the ground and a judicial finding that it is reasonable to evict: a higher bar, and one where weak evidence regularly fails.

Ground 1, which allows the landlord or a close family member to occupy the property as their main home, has always existed but was rarely used when Section 21 was available. It now requires four months' written notice. The notice cannot expire within the first twelve months of a tenancy, which means the earliest it can be served is at month eight of the tenancy. Ground 1A is new: it allows a landlord to recover possession for the purpose of selling. The same conditions apply — four months' notice, with the notice unable to expire within the first twelve months.

Both grounds carry a retaliatory eviction risk. Where a tenant has made a legitimate repair complaint to the landlord or the local council, courts can set aside a Ground 1 or Ground 1A notice if the landlord's motive appears retaliatory. The Renters' Rights Act does not specify a fixed time window for this protection — any possession notice served after a repair complaint may be scrutinised. Always take legal advice before serving notice following a tenant complaint.

Ground 8 (serious rent arrears) is mandatory, but the threshold has risen from two months to three. The arrears must exist both when the notice is served and at the point of the court hearing. The minimum notice period is four weeks. This creates a specific evidential obligation: landlords must maintain a complete, accurate rent ledger and must ensure the arrears total does not dip below three months between notice and hearing — which can occur if a tenant makes partial payments. Note also that arrears caused solely by Universal Credit payment delays cannot be used to satisfy the Ground 8 threshold.

Ground 7A covers serious criminal conduct or anti-social behaviour, and can be actioned immediately without a notice period. Ground 4A covers student HMOs, permitting recovery of possession at the end of the academic year for re-letting — four months' notice is required, and the notice can only expire between 1 June and 30 September.

Among the discretionary grounds, Ground 14 (anti-social behaviour) is the most commonly used. Notice can be served immediately, but the court will evaluate proportionality — which means the quality of evidence matters considerably more than it did when landlords had a Section 21 fallback. Grounds 10 and 11 (persistent late payment and general arrears below the Ground 8 threshold) typically result in suspended possession orders rather than immediate vacation.

What Compliance Must Be in Place Before Serving Notice?

The Renters' Rights Act introduced two new compliance prerequisites that will affect eligibility to obtain a possession order. Both are phased — neither is fully operational today, but preparation now is essential.

The PRS Database is created by the Renters' Rights Act 2025 but is not yet open for registration. It begins regional rollout from late 2026, with full compliance required through 2027. Once live, landlords must be registered and the property must appear on the database before a possession claim can proceed. A claim filed by an unregistered landlord will fail at that preliminary stage regardless of how strong the underlying ground is.

The PRS Landlord Ombudsman follows on a separate timeline, expected to become mandatory from 2028. Landlords should treat both schemes as certainties and register as soon as each opens — not when a possession situation arises.

Deposit compliance is equally critical. An unprotected deposit, or one where the Prescribed Information was not served within thirty days, bars possession under most grounds. The broader compliance record (gas safety certificates, EICR report, and EPC) is reviewed by courts in contested hearings, and a landlord who cannot evidence document service is in a materially weaker position, particularly on discretionary grounds.

The accelerated possession procedure has been removed. Every claim now uses Form N5 through the standard procedure and requires a hearing. With court waiting times currently running at many months in most English cities, the realistic timeline from notice to vacant possession is six to twelve months for an uncontested Section 8 claim, and longer for any contested hearing. Landlords pursuing possession through Section 8 should plan accordingly and treat the process as a long-form operational challenge, not a rapid administrative one.

This article reflects our understanding of the law at the time of publication. It is for general guidance only and does not constitute legal advice. Always verify against GOV.UK or seek qualified legal advice before acting.