From 1 May 2026, Section 21 no-fault evictions ended in England. Every possession claim now relies on Section 8 — a fault-based ground that requires specific evidence, a prescribed notice form, and in every case a court hearing. The accelerated possession procedure no longer exists, because every claim now requires a reason to be validated by a judge. For landlords who previously treated Section 21 as the default exit route from a failing tenancy, this requires a fundamental adjustment in how possession is managed from the beginning of a tenancy, not just when a problem arises.
All possession claims now fault-based — Section 21 ended 1 May 2026Section 8 grounds divide into two families. Mandatory grounds require the court to grant possession once the ground is proven, with no judicial discretion. Discretionary grounds require the landlord to prove the ground and additionally persuade the court that it is reasonable to grant possession — a higher bar where thin evidence regularly fails.
What Are the Most Important Grounds and Their Notice Periods?
The mandatory grounds most frequently used by private landlords are Grounds 1, 1A, 8, and 7A. Ground 1 allows the landlord or a close family member to recover the property for use as their principal home. Ground 1A, introduced by the Renters' Rights Act 2025, allows recovery where the landlord intends to sell. Both require four months' written notice and cannot be used within the first twelve months of a tenancy — more precisely, the notice cannot expire within the first twelve months, meaning it can be served from month eight.
Both grounds carry a retaliatory eviction risk. Where a tenant has made a legitimate repair complaint to the landlord or to 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 covers serious rent arrears. The threshold rose from two to three months under the Act, and the arrears must exist both at the point of notice and at the point of the court hearing — a two-stage evidential requirement that creates practical difficulties if a tenant makes partial payments to clear the arrears below the threshold between those dates. Notice is four weeks. 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 or anti-social behaviour, where possession can be sought immediately without a notice period.
Among the discretionary grounds, Ground 14 (anti-social behaviour beyond the criminal threshold), and Grounds 10 and 11 (general arrears and persistent late payment), are the most commonly used. Discretionary ground claims require robust, contemporaneous evidence — rent ledgers, timestamped photographs, incident records, and police reference numbers where relevant. A discretionary claim with weak evidence is very likely to be dismissed or suspended.
| Ground Type | Basis | Notice Period |
|---|---|---|
| Mandatory — Ground 1 / 1A | Landlord moving in or selling | 4 months |
| Mandatory — Ground 8 | Rent arrears of 3+ months | 4 weeks |
| Mandatory — Ground 7A | Serious criminal or anti-social behaviour | Immediate — no notice period |
| Discretionary — Grounds 10 / 11 | General arrears or persistent late payment | 2 weeks |
| Discretionary — Ground 12 | Breach of tenancy terms | 2 weeks |
| Discretionary — Ground 14 | Anti-social behaviour | Immediate — court decides proportionality |
What Does Form 3A Require — and What Happens if It Is Wrong?
From 1 May 2026, all Section 8 notices must be served using the prescribed Form 3A. The previous Form 3 is no longer valid. The new form requires the landlord to state the grounds in full and explain specifically how those grounds apply to the tenancy in question — it is not sufficient to tick a box or cite a ground number without supporting the claim with particulars.
Using an outdated form, failing to quote the statutory wording precisely, or serving the notice with missing or inaccurate information will typically result in the claim being struck out at the preliminary hearing stage. The court will not overlook defective service — this is a jurisdiction point, not a technicality, and a faulty notice requires the landlord to restart the process from the beginning with the clock reset.
Courts now expect contemporaneous, documented evidence rather than landlord assertions. This means dated rent ledgers, timestamped photographs, written communications with the tenant, and police incident reference numbers or reports for ASB claims. On any discretionary ground, thin evidence will almost certainly produce a dismissed or suspended order rather than outright possession.
The Certificate of Service (Form N215) must accompany the court application to prove the notice was served correctly. Without it, the application cannot proceed. Most possession applications in 2026 are processed through the Possession Claims Online (PCOL) system, which has been updated to reflect the new Act's requirements — but the underlying evidential obligations remain the landlord's responsibility to meet before filing.
Official Grounds for Possession
The complete GOV.UK table of mandatory and discretionary grounds and notice periods.
Repossession Process (Post-May 2026)
Step-by-step guidance on using the new Form 3A and court procedures.
N215 Certificate of Service
Download the essential form to prove you served the notice correctly.
Transitional Rules
How to handle notices served before 1 May 2026 during the changeover period.
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.
