Serving a Section 21 notice on or after 1 May 2026 is unlawful. Civil penalty: up to £7,000 per notice. All possession must use Section 8. If you are unsure which ground applies to your situation, use the free Section 8 Ground Picker at /tools/section-8-ground-picker before serving any notice.
Periodic Assured Tenancies (PATs) — the only lawful form of new private residential tenancy in England from 1 May 2026 — run indefinitely with no fixed end date. The tenancy continues until ended by one of the parties following the correct procedure. For landlords, this means a valid Section 8 notice and, in most cases, a court possession order. For tenants, it means 2 months' written notice after the first 6 months.
Route 1: Tenant gives notice (easiest)
A tenant under a PAT may end the tenancy by giving 2 months' written notice to the landlord at any time after the first 6 months. The notice must be in writing (no prescribed form is required) and specify the date on which the tenant intends to vacate. The tenancy ends on the notice date — there is no requirement for the landlord to accept or respond. If the tenant vacates on the notice date and returns the keys, the tenancy ends cleanly.
- Minimum 6-month stay: the tenant cannot give notice to end in the first 6 months — the landlord has at least 6 months of tenancy stability
- 2 months' written notice: the tenant must give exactly 2 months (not 4 weeks or 1 month) — check the wording of any notice carefully
- Notice date = end date: the tenancy ends on the date specified in the notice, not on the date the notice is received
- Confirm receipt: acknowledge receipt of the tenant's notice in writing so there is no dispute about the notice period
Route 2: Mutual surrender
A mutual surrender is an agreement between the landlord and tenant to end the tenancy at a specified date. Both parties must agree. It does not require court proceedings, a notice period (unless the agreement specifies one), or any formal grounds. A Deed of Surrender is the appropriate document — it records the agreed end date, the state in which the property is to be returned, the deposit position, and any other agreed terms. It should be signed by both parties before the tenant vacates.
'Cash for keys' is a common form of mutual surrender where the landlord pays the tenant a sum of money (typically 1-2 months' rent) as an incentive to vacate. This avoids the cost and delay of county court proceedings and is often the most cost-effective route where the landlord wants the property back promptly but has no strong Section 8 grounds.
Route 3: Section 8 possession — the mandatory route for contested cases
Where the tenant does not agree to leave, the landlord must serve a Section 8 notice (Form 3A) specifying the possession ground(s) being relied upon, and then apply to the county court for a possession order. The key possession grounds for residential landlords in 2026 are:
| Ground | Basis | Notice period | Type | Notes |
|---|---|---|---|---|
| Ground 1A | Landlord intends to sell | 4 months | Mandatory | 12-month minimum tenancy; 12-month re-let ban after possession |
| Ground 1 | Landlord or family to occupy | 4 months | Mandatory | 12-month minimum tenancy required |
| Ground 6 | Demolition/redevelopment | 4 months | Mandatory | Landlord must have firm intention and planning or finance in place |
| Ground 7A | Criminal conviction at/near property | 4 weeks | Mandatory | Specified serious offences only |
| Ground 8 | Serious rent arrears (3+ months) | 4 weeks | Mandatory | Arrears must exist at service AND at hearing — take no rent after service |
| Ground 10 | Some rent arrears | 2 weeks | Discretionary | Court may adjourn; less reliable than Ground 8 for recovery |
| Ground 11 | Persistent rent payment delays | 2 weeks | Discretionary | Court weighs landlord/tenant conduct |
| Ground 12 | Breach of tenancy obligation | 2 weeks | Discretionary | Must be a substantial breach; landlord must have remedied breach risks |
| Ground 13 | Deterioration of property | 2 weeks | Discretionary | Neglect or waste; photographic evidence essential |
| Ground 14 | Anti-social behaviour | None / 2 weeks | Discretionary | Serious: no notice needed; less serious: 2 weeks |
Grounds 1A and 1 — selling or family occupation
Ground 1A (landlord intends to sell) and Ground 1 (landlord or family to occupy) are the two most commonly used grounds where there are no tenant arrears or conduct issues. Both require 4 months' notice and are only available after the first 12 months of the tenancy. Ground 1A carries a 12-month restriction on re-letting the property after possession is granted — if the landlord does not sell within 12 months, the former tenant can apply for compensation.
- Both require 4 months' notice and a minimum 12-month tenancy
- Ground 1A: 12-month re-let ban — if you re-let within 12 months of possession, you are liable to the former tenant for compensation
- Ground 1: the landlord (or an adult member of the landlord's family) must genuinely intend to occupy — false claims are a criminal offence
- Evidence: for Ground 1A, evidence of marketing the property for sale or engaging an estate agent; for Ground 1, evidence of the landlord's accommodation circumstances and genuine intention to occupy
Ground 8 — serious rent arrears
Ground 8 is mandatory (the court must order possession if the ground is made out) where the tenant owes at least 3 months' rent at both the date the Section 8 notice is served AND at the date of the possession hearing. The notice period is 4 weeks. Critically: do not accept any rent payment after serving a Ground 8 notice if the payment would reduce the arrears below 3 months — partial payment that drops arrears below the threshold defeats the mandatory ground and forces you to rely on discretionary Grounds 10/11 instead.
If partial rent acceptance drops the arrears below 3 months at any point before the hearing, the mandatory Ground 8 fails. The court still has discretion on Grounds 10/11 but those are weaker grounds. If you want to preserve Ground 8, accept no payment that reduces arrears below the threshold. Take legal advice before accepting any payment after service.
The county court process
After the Section 8 notice expires with the tenant still in occupation, the landlord applies to the county court for a possession order using Form N5 (claim for possession) and Form N119 (particulars of claim for possession of residential property). The court will list a hearing, typically 4-8 weeks after the claim is filed. At the hearing, the judge decides whether the ground is made out. If it is, a possession order is made. The order typically gives the tenant 14 or 28 days to vacate. If the tenant does not vacate by the order date, the landlord can apply for a warrant of possession and enforcement agents (bailiffs) will attend to execute the order.