What Replaces Section 21? Landlord Guide to Possession After Abolition

Section 21 — the 'no-fault' possession notice — was abolished in England on 1 May 2026 under the Renters' Rights Act 2025. From that date, landlords can no longer serve a notice requiring possession simply because the fixed term has ended or as a matter of convenience. Every possession claim must now be based on a specific Section 8 ground. This guide explains the Section 8 framework, which grounds replace which Section 21 use cases, and how to use them correctly.

The Section 8 framework — overview

Section 8 of the Housing Act 1988 allows a landlord to apply to court for possession where one or more specified grounds are met. There are two types of ground:

• Mandatory grounds: If the ground is proven, the court must grant possession — no discretion. These are the strongest grounds.
• Discretionary grounds: If the ground is proven, the court may grant possession but must consider whether it is reasonable to do so — the court has discretion to refuse even a proven ground.
• Multiple grounds can be cited on the same Form 3A notice — cite all that apply.
• Serve Form 3A (the prescribed form from 1 May 2026) on every tenant — serving only one joint tenant is defective.
• Wait for the full notice period to expire before filing a court claim — early filing is a procedural error.

Ground 1 — landlord or family member wants to move in (mandatory)

• The landlord (or a close family member: spouse/partner, parents, children) intends to occupy the property as their only or principal home
• 4 months' notice required — the notice must expire no earlier than 12 months into the tenancy
• Mandatory: the court must grant possession if the ground is proven
• Limits: You cannot use this ground if the property was acquired with sitting tenants. The landlord (or family member) must genuinely intend to occupy — using it as a pretext and then re-letting is a criminal offence

Ground 1A — landlord intends to sell (mandatory)

• The landlord intends to sell the property with vacant possession
• 4 months' notice required — notice must expire no earlier than 12 months into the tenancy
• Mandatory: the court must grant possession if intention to sell is proven
• The landlord must not re-let the property as a residential tenancy within 12 months of the possession order — doing so is a criminal offence
• Obtain a property valuation, instruct an estate agent, or market the property to provide evidence of genuine sale intention

Ground 6 — redevelopment (mandatory)

• The landlord intends to demolish, reconstruct, or carry out substantial works to the property that cannot reasonably be carried out with the tenant in occupation
• 2 months' notice required
• Mandatory: the court must grant possession
• The landlord must have planning permission or other necessary consents — you cannot use Ground 6 speculatively before planning is approved
• Applies to complete redevelopments — routine maintenance and renovation does not qualify

Ground 8 — serious rent arrears (mandatory)

• The tenant is at least 3 months' rent in arrears at the date the notice is served AND at the date of the court hearing
• 2 weeks' notice (if weekly rent) or 1 month's notice (if monthly rent) — in practice 4 weeks for most tenancies
• Mandatory: the court must grant possession if the arrears threshold is met at both dates
• Clearing arrears below 3 months before the hearing defeats Ground 8 — cite Grounds 10 and 11 alongside as a backstop
• Threshold raised from 2 months to 3 months under the Renters' Rights Act 2025

Ground 8A — persistent arrears (mandatory — new)

• New ground under the Renters' Rights Act 2025 — applies where the tenant has been at least 3 months in arrears on 3 or more separate occasions in the preceding 3 years
• 4 weeks' notice
• Mandatory: clearing arrears does NOT defeat this ground — the pattern of persistent non-payment is the ground
• Keep a detailed rent ledger recording every occasion the arrears reached 3 months or more

Discretionary grounds — overview

• Ground 10: Tenant is in arrears of any amount at the notice date — court has discretion
• Ground 11: Tenant has persistently been late paying rent — court has discretion even if no current arrears
• Ground 12: Tenant has breached a term of the tenancy agreement (e.g. subletting without consent, keeping a pet in breach of the agreement)
• Ground 13: Deterioration of the property caused by the tenant's waste, neglect, or default
• Ground 14: Tenant (or person living in or visiting the property) has been guilty of conduct causing nuisance or annoyance to neighbours
• Ground 14A: Domestic violence — one partner has left the property as a result of domestic violence and the remaining partner was responsible
• Ground 17: The tenant induced the landlord to grant the tenancy by making false statements

Pre-notice compliance — critical before serving