No-fault evictions are permanently abolished in England. Any Section 21 notice served on or after 1 May 2026 is legally void. All possession proceedings must now use Section 8 Form 3A.
What Section 21 Abolition Means for Landlords
The Renters' Rights Act 2025 abolished Section 21 no-fault evictions in England on 1 May 2026. Before this date, a landlord could serve a Section 21 notice to end any Assured Shorthold Tenancy without giving a reason, provided the correct notice period was given and all prescribed information had been served.
From 1 May 2026, that route no longer exists. Every landlord in England must now use Section 8 of the Housing Act 1988 to recover possession of a privately rented property. Section 8 requires the landlord to prove at least one of 37 specific statutory grounds.
Who Does Section 21 Abolition Affect?
- All private landlords with properties in England — regardless of whether the tenancy started before or after 1 May 2026
- Landlords whose former ASTs automatically converted to Assured Periodic Tenancies on 1 May 2026
- Letting agents managing properties on behalf of landlords — agents cannot serve a valid Section 21 either
- Landlords in Wales, Scotland, and Northern Ireland are not affected — Section 21 never applied there and separate devolved rules govern possession
The Only Legal Route Now: Section 8 Form 3A
Section 8 of the Housing Act 1988, served using prescribed Form 3A, is now the only legal route to recover possession of a privately rented property in England. You must cite one or more of 37 statutory grounds set out in Schedule 2 to the Housing Act 1988 (as amended by the Renters' Rights Act 2025).
The Most Common Section 8 Grounds at a Glance
| Ground | Reason | Type | Notice Period |
|---|---|---|---|
| Ground 1A | Landlord intends to sell | Mandatory | 4 months (not in first 12 months of tenancy) |
| Ground 1 | Landlord or close family moving in | Mandatory | 4 months (not in first 12 months) |
| Ground 8 | 3+ months' rent arrears | Mandatory | 4 weeks |
| Ground 8A | Persistent rent arrears (repeated) | Mandatory | 4 weeks |
| Ground 10 | Some rent arrears (any amount) | Discretionary | 2 months |
| Ground 11 | Persistent late payment | Discretionary | 2 months |
| Ground 14 | Antisocial behaviour | Discretionary | Immediate or 2 weeks |
| Ground 6 | Demolition or substantial works | Mandatory | 4 months |
Step-by-Step: How to Serve a Section 8 Notice (Form 3A)
Step 1 — Choose your ground(s)
Identify which statutory ground or grounds apply to your situation. You can cite more than one on the same Form 3A. The ground must genuinely apply to the facts — a court will scrutinise whether the ground is proven.
Step 2 — Download Form 3A
Download the current Form 3A from gov.uk (search 'assured tenancy forms 1 May 2026'). Using the pre-2026 Form 3 invalidates the notice — you would have to start again.
Step 3 — Complete every mandatory field
Tenant names and address, ground(s) relied on, specific statutory facts (e.g. the exact rent arrears amount and period for Ground 8), and the earliest court application date must all be filled in correctly. For Grounds 1, 1A, and 6, confirm that the Renters' Rights Act Information Sheet was served on the tenant before this notice.
Step 4 — Serve on every named tenant
Serve Form 3A on every adult tenant named on the tenancy agreement. Keep documentary evidence of service — a copy of the sent email (with Form 3A attached as a PDF), a Certificate of Posting, or a signed delivery receipt.
Step 5 — Wait for the notice period
Do not take any possession action during the notice period. If the tenant vacates voluntarily before the notice expires, the tenancy ends on the date of vacation — no court order is needed for a voluntary departure.
Step 6 — Apply to court if needed
If the tenant has not left by the end of the notice period, apply to the county court for a possession order using the government's online possession claim service at gov.uk/evicting-tenants. You cannot physically remove a tenant without a court order.
What You Cannot Do After 1 May 2026
- Serve a Section 21 notice — legally void and could attract a £7,000 civil penalty
- Evict a tenant without a court order — unlawful eviction regardless of circumstances
- Claim possession on the basis of a fixed term ending — fixed-term ASTs ceased to exist on 1 May 2026; all tenancies are now periodic
- Serve Form 3A under Grounds 1, 1A, or 6 without first serving the Information Sheet — the court will strike out the claim
Get the Section 8 Notice Pack from LetSafe UK
LetSafe UK's Section 8 Notice Pack (LS-E-010, £19) contains everything you need to serve a legally valid Section 8 notice in England:
- Form 3A pre-filled for all 37 grounds — with prescribed wording and all required fields
- Notice-period calculator — confirms your earliest court application date for each ground
- Ground-by-ground guidance — plain-English explanation of every ground, when it applies, and what evidence is needed
- Proof-of-service log — records the serving method, date, and tenant name for the court file
Sources and Legislation
- Renters' Rights Act 2025 (legislation.gov.uk/ukpga/2024/13)
- Housing Act 1988 Schedule 2 — Possession grounds (as amended)
- gov.uk: Assured tenancy forms from 1 May 2026 — Form 3A download
This guide is accurate as at 31 May 2026. It is provided for information purposes only and does not constitute legal advice.