From 1 May 2026, Section 21 is abolished. The only route to possession in the English private rented sector is now Section 8, using Form 3A and one or more of the statutory grounds in Schedule 2 of the Housing Act 1988 as amended by the Renters' Rights Act 2025. This guide covers every current ground: which are mandatory, which are discretionary, and what notice period each requires.
From 1 May 2026, all Section 8 notices must be served on Form 3A. The old Form 3 is revoked. A notice served on the wrong form has no legal effect.
Mandatory vs discretionary grounds
The critical distinction in Section 8 is between mandatory grounds (where the court must grant possession if the ground is proved) and discretionary grounds (where the court has discretion to refuse possession even where the ground is proved, if it considers it reasonable to do so).
Mandatory grounds, court must grant possession
| Ground | Basis | Notice period | Key conditions |
|---|---|---|---|
| Ground 1 | Landlord requires property as main or only home; previously lived there | 4 months | Minimum 12-month tenancy. Landlord or close family member must occupy. |
| Ground 1A (NEW) | Landlord intends to sell with vacant possession | 4 months | Minimum 12-month tenancy. Cannot re-let within 12 months. |
| Ground 2 | Mortgagee possession (lender exercising power of sale) | 2 months | Mortgage must have been granted before the tenancy. |
| Ground 3 | Out-of-season holiday let (up to 8 months) | 4 weeks | Narrow ground, applies to properties let after off-season use. |
| Ground 4 | Accommodation let to students, academic lettings | 4 weeks | Must be in designated student accommodation. |
| Ground 4A (NEW) | Student HMO, academic year letting | 4 months | Property let to students. Possession only on expiry of academic year; notice served June 1�Sept 30. |
| Ground 5 | Property required for minister of religion | 2 months | Specified religious bodies only. |
| Ground 6 | Landlord intends to substantially redevelop | 2 months | Cannot carry out works with tenant in occupation. |
| Ground 7 | Periodic tenancy inherited on death, over 2 years | 2 months | Deceased tenant. Devolved tenancy held for more than 2 years. |
| Ground 7A | Serious anti-social behaviour, conviction or closure order | 4 weeks | Criminal conviction or court order required. |
| Ground 7B | Tenant lacks right to rent | 2 weeks | Government immigration enforcement notice served. |
| Ground 8 | Rent arrears, at least 2 months at notice AND hearing | 4 weeks | Arrears must persist to hearing. Cleared arrears defeat this ground. |
| Ground 8A (NEW) | Persistent rent arrears, 3+ occasions of 3-month arrears in 3 years | 4 weeks | Cleared arrears do NOT defeat this ground. |
Discretionary grounds, court may refuse possession
| Ground | Basis | Notice period |
|---|---|---|
| Ground 9 | Suitable alternative accommodation available | 2 months |
| Ground 10 | Some rent arrears at notice date (below Ground 8 threshold) | 4 weeks |
| Ground 11 | Persistent delay in paying rent | 4 weeks |
| Ground 12 | Breach of tenancy obligation | 2 weeks |
| Ground 13 | Condition of property deteriorated due to waste or neglect | 2 weeks |
| Ground 14 | Nuisance, annoyance, or conviction for anti-social behaviour | Immediately (no minimum) |
| Ground 14A | Domestic violence, partner has left family home | 4 weeks |
| Ground 14ZA | Riot-related conviction | Immediately |
| Ground 15 | Condition of furniture has deteriorated | 2 weeks |
| Ground 16 | Property let in connection with employment that has now ended | 2 months |
| Ground 17 | Tenancy obtained by false statement | 2 weeks |
Key new grounds under the Renters' Rights Act 2025
Three new grounds were introduced from 1 May 2026 to compensate for the loss of Section 21:
- Ground 1A (selling): A mandatory ground allowing possession where the landlord genuinely intends to sell the property with vacant possession. Four months' notice is required, the tenancy must have lasted at least 12 months, and the landlord cannot re-let the property within 12 months of obtaining possession. Evidence of sale intention is required.
- Ground 4A (student HMO): A mandatory ground specifically for purpose-built student HMOs. The landlord can recover possession at the end of the academic year, but notice must be served between 1 June and 30 September, and possession dates are restricted to the summer window.
- Ground 8A (persistent arrears): A mandatory ground for persistent late payment, the tenant has been 3 months in arrears on 3 or more separate occasions within the preceding 3 years. Critically, clearing arrears before the hearing does not defeat this ground.
Pre-service compliance requirements
A Section 8 notice can be set aside if the landlord failed to serve prescribed documents at the start of the tenancy. Always check compliance before serving: EICR, Gas Safety Record, EPC, the How to Rent guide (tenancies granted before 1 May 2026), deposit Prescribed Information, and, from 1 May 2026, the Renters' Rights Act Information Sheet (for existing tenants by 31 May 2026).
Serving a Section 8 notice correctly
- Use Form 3A, the prescribed form from 1 May 2026.
- Specify the ground(s) clearly, you may cite multiple grounds on one notice.
- State the relevant facts for each ground, for arrears, state the amount owed; for persistent arrears, state the dates of each occasion.
- State the notice period, check the ground-specific period in the table above.
- Serve correctly, personal delivery, first-class post (assumed delivered on the second working day), or email if the tenancy agreement expressly permits it.
- Keep proof of service, certificate of posting, delivery confirmation, or signed acknowledgement.
- Do not issue court proceedings early, wait for the full notice period to expire before filing.