Since 1 May 2026 there is only one route to possession of a residential property in England: Section 8 of the Housing Act 1988. Section 21 is abolished. This guide explains the Section 8 process from start to finish: choosing the ground, completing the notice, serving it correctly, and navigating the court proceedings.
You cannot serve a new Section 21 notice on or after 1 May 2026. Any Section 21 served before that date must have been in time, correctly served, and the court proceedings issued before the notice expires. If you have not started court proceedings, you must now use Section 8.
Step 1: Choose the right Section 8 ground
Each Section 8 ground covers a specific reason for seeking possession. You must specify the ground(s) in the notice. The main grounds after the Renters' Rights Act 2026 are:
- Ground 8 (mandatory): At least 3 months' rent arrears both at the date of the notice and at the date of the hearing. Mandatory: if proved, the court must grant possession.
- Ground 10 (discretionary): Some rent arrears (below the Ground 8 threshold). The court has discretion.
- Ground 11 (discretionary): Persistent delay in paying rent, even if arrears are cleared.
- Ground 12 (discretionary): Breach of any term of the tenancy (other than rent). For example, subletting without consent, keeping a pet without consent, or causing nuisance.
- Ground 14 (discretionary, accelerated): Nuisance, annoyance, or conviction for using the property for illegal purposes. Notice can be served on the same day as the application to court.
- Ground 1A (mandatory, new from 1 May 2026): You intend to sell with vacant possession. Requires 4 months' notice. The tenancy must have been in place for at least 12 months.
- Ground 1 (discretionary): You require the property as your own home or a close family member's home. Requires 4 months' notice.
Use the free LetSafe Section 8 Ground Picker tool to confirm the correct ground for your situation before completing the notice.
Step 2: Complete Form 3A
The prescribed form for a Section 8 notice is Form 3A (Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy). The form must include:
- The landlord's name and address for service
- The tenant's name and the property address
- The ground(s) relied on (identified by number and full statutory wording)
- Particulars of the ground: the specific facts relied on (e.g. a rent arrears schedule for Ground 8)
- The date the notice expires (not before the end of the notice period for the ground used)
- The landlord's or agent's signature and date
Wrong notice period. Missing statutory wording for the ground. The particulars are too vague (for discretionary grounds, the court needs enough detail to decide). The notice is served on the wrong person. The Information Sheet had not been served on the tenant before the Section 8 notice (required for certain grounds).
Step 3: Serve the notice correctly
The Section 8 notice must be served on the tenant. Service methods and when service is deemed to have occurred:
- First class post: deemed served on the second working day after posting. Keep your proof of postage receipt.
- Personal delivery (hand): served on the day of delivery. Get a signed acknowledgement if possible.
- Email: only if the tenancy agreement expressly allows email service for formal notices. Check your tenancy first.
- Leaving at the property: addressed to the tenant and left through the letterbox, deemed served on the day it is left.
The notice period starts running from the date of deemed service, not the date you sent it. Add the relevant days for postal service before calculating the expiry date.
Notice periods by ground (post-RRA 2026)
| Ground | Minimum notice period |
|---|---|
| Ground 8 (3+ months arrears) | 4 weeks |
| Ground 10 (some arrears) | 4 weeks |
| Ground 11 (persistent delay) | 4 weeks |
| Ground 12 (breach of tenancy) | 2 weeks minimum; court discretion |
| Ground 14 (nuisance) | Immediately (can apply same day) |
| Ground 1A (sale) | 4 months |
| Ground 1 (owner occupation) | 4 months |
Step 4: Wait for the notice period to expire
You cannot start court proceedings before the notice period has expired. Use the time to gather evidence: a rent account statement for arrears grounds, a correspondence log for breach grounds, evidence of your own intention to sell or occupy for Grounds 1 and 1A. Without evidence, even a mandatory ground can be challenged on procedural grounds.
Step 5: Issue a possession claim
Once the notice has expired and the tenant has not vacated, issue a possession claim at the county court. Complete the N5 possession claim form and N119 particulars of claim. Attach the Section 8 notice with evidence of service. Pay the court fee (currently £391 for a standard possession claim). File at the County Court Business Centre or your local hearing centre.
Step 6: The possession hearing
The court lists a possession hearing, usually 4 to 8 weeks after issue. Bring all your evidence. For mandatory grounds (Ground 8, Ground 1A, Ground 7A), if the ground is made out, the judge must grant possession. For discretionary grounds, the judge must also find that it is reasonable to grant possession.
If Ground 8 arrears have been cleared between the notice and the hearing, the mandatory ground fails. Always plead Grounds 10 and 11 alongside Ground 8 as a precaution.
After the hearing: possession order and warrant
If possession is granted, the court issues a possession order. Standard orders give the tenant 14 or 28 days to vacate. If the tenant does not leave, apply for a warrant of possession. The court bailiff then physically removes the tenant. Self-help eviction (changing the locks without a warrant) is a criminal offence under the Protection from Eviction Act 1977.
The LetSafe Possession Recovery Bundle includes the Section 8 Notice Pack, pre-action arrears escalation letters, a court-ready evidence bundle framework, witness statement templates, and an N5/N119 walkthrough. Everything from first notice to hearing day.