From 1 May 2026, Section 21 'no-fault' eviction notices are permanently abolished in England. Every landlord who wants to recover possession must serve a Section 8 notice citing a specific statutory ground under Schedule 2 of the Housing Act 1988. The notice period varies by ground, and getting it wrong means starting again.
Section 21 is gone. The minimum Section 8 notice period for most grounds has increased to four months. Ground 8 rent arrears now requires three months' arrears (up from two). Ground 1A (landlord sale) also requires four months' notice.
Section 8 notice periods by ground (from 1 May 2026)
| Ground | Reason | Notice period | Notes |
|---|---|---|---|
| Ground 1 | Landlord intends to move in (or return) | 4 months | Minimum 12-month tenancy required |
| Ground 1A | Landlord intends to sell | 4 months | New ground under Renters' Rights Act |
| Ground 2 | Mortgage repossession | 4 months | Rare in practice |
| Ground 4 | Student HMO end of academic year | 4 months | — |
| Ground 6 | Redevelopment | 4 months | — |
| Ground 7 | Succession tenancy ended | 2 months | — |
| Ground 7A | Anti-social behaviour (serious) | None / immediate | Court-only ground |
| Ground 7B | No right to rent | 2 weeks | Home Office must confirm |
| Ground 8 | Rent arrears, 3 months or more | 4 weeks (arrears must exist at hearing) | Three months' arrears threshold |
| Ground 10 | Some rent arrears | 4 weeks | Discretionary |
| Ground 11 | Persistent rent delays | 4 weeks | Discretionary |
| Ground 12 | Breach of tenancy | 4 weeks | Discretionary |
| Ground 13 | Deterioration of property | 4 weeks | Discretionary |
| Ground 14 | Nuisance or anti-social behaviour | Immediate (1 month before court) | Discretionary |
| Ground 15 | Deterioration of furniture | 4 weeks | Discretionary |
| Ground 17 | False statement to obtain tenancy | 2 weeks | — |
What if I want to sell my property?
Under the new Ground 1A (introduced by the Renters' Rights Act), you can seek possession where you intend to sell the property. You must give four months' notice and the tenancy must have been in existence for at least 12 months. The ground is mandatory, if you prove intent to sell at the hearing, the court must grant possession. You cannot use Ground 1A and then put the property back on the rental market within three years without reasonable grounds.
What notice must a tenant give?
Under a periodic Assured Tenancy, a tenant must give two months' notice to end the tenancy. This cannot be less than two months even if the rental period is monthly. Tenants may give notice at any time, there is no minimum period before they can give notice in a periodic tenancy.
Common mistakes that invalidate a notice
- Wrong notice period. Using the pre-2026 notice periods after 1 May 2026 is fatal. The notice must state the new minimum period for the ground cited.
- Serving notice on the wrong date. Section 8 notice periods run from the date of service, not the date on the notice.
- Wrong or missing prescribed form. Section 8 must use the prescribed Form 3A (under the Renters' Rights Act 2025). An informal letter is not sufficient.
- Arrears not meeting the new threshold. Ground 8 now requires three months of arrears at both the notice date and the hearing date.
LetSafe UK's Section 8 Notice Pack (LS-E-010, £19) includes the correct prescribed form updated for the Renters' Rights Act, a ground-selection matrix, and a notice period calculator. Every mandatory and discretionary ground is covered with a plain-English explanation of when each applies.