No-fault evictions no longer exist in England. Every Section 21 notice served on or after 1 May 2026 is legally void. All possession must now use Section 8 Form 3A citing a statutory ground.
The Short Answer: Section 8, Expanded
Section 21 has been replaced by an expanded Section 8 of the Housing Act 1988. Before May 2026, Section 8 was the “fault-based” route — used when tenants had broken the tenancy terms. Now it is the only eviction route in England for private residential landlords.
The government did not create an entirely new system. Instead, the Renters’ Rights Act 2025 added new grounds to Section 8 to cover situations previously handled by Section 21 — most importantly, selling the property.
Why Was Section 21 Abolished?
Section 21 allowed landlords to end a tenancy without giving any reason, provided they followed correct procedure and gave two months’ notice. Critics called it the primary driver of “no-fault evictions” and a significant contributor to homelessness statistics. The Renters’ Rights Act replaced it with a system requiring landlords to provide a reason for every possession claim.
The New Ground 1A: Selling the Property
The most important addition to Section 8 is Ground 1A, introduced specifically to replace Section 21’s role in sale scenarios.
| Feature | Section 21 (abolished) | Ground 1A (from 1 May 2026) |
|---|---|---|
| Reason required | None | Genuine intention to sell |
| Notice period | 2 months | 4 months |
| First 12 months protection | Yes (could not be used in first 4 months) | Yes (cannot be used in first 12 months) |
| Re-letting restriction after possession | None | 3 months — landlord must not re-let or list for rent |
| Court hearing required | No (accelerated procedure existed) | Yes |
If a landlord re-lets or lists the property for rental within 3 months of regaining possession under Ground 1A, the former tenant can apply for compensation. This is designed to prevent landlords from using Ground 1A as a pretext.
Complete Section 8 Grounds Table (2026)
These are the most commonly used grounds after the Renters’ Rights Act changes:
| Ground | Type | Reason | Notice Period | Notes |
|---|---|---|---|---|
| Ground 1 | Mandatory | Landlord or close family member needs to occupy | 4 months | Cannot use in first 12 months of tenancy |
| Ground 1A | Mandatory | Landlord intends to sell | 4 months | Cannot use in first 12 months; 3-month re-let restriction |
| Ground 7A | Mandatory | Serious anti-social behaviour (court or tribunal conviction) | None (immediate) | 5 qualifying triggers |
| Ground 8 | Mandatory | At least 3 months’ rent arrears at notice AND at hearing | 4 weeks | Arrears must remain at hearing date |
| Ground 8A | Mandatory (new) | Persistent arrears (3+ occasions in 3 years) | 4 weeks | New ground under the Renters’ Rights Act |
| Ground 10 | Discretionary | Some rent arrears at notice date | 4 weeks | Lower threshold than Ground 8 |
| Ground 11 | Discretionary | Persistent rent arrears (even if cleared) | 4 weeks | Pattern of late payment sufficient |
| Ground 14 | Discretionary | Nuisance, annoyance, or illegal activity | None (immediate) | Broad ASB ground; judge has discretion |
For the full grounds table including all 37 grounds and every notice period, see LetSafe’s Section 8 Grounds 2026 complete guide.
How to Serve Notice: Step by Step
From 1 May 2026, every Section 8 notice must be served using Form 3A (the new prescribed form). The old Form 3 is invalid.
Step 1 — Choose the Correct Ground
Make sure the qualifying conditions for your chosen ground are met before serving. For Ground 8 (rent arrears), the arrears must be at least 3 months at the date of service. For Ground 1A (selling), you must have a genuine intention to sell — fabricated grounds can expose you to compensation claims.
Step 2 — Gather Evidence
Prepare the evidence you will need at court: rent account statements (for arrears), estate agent instruction letter or valuation (for Ground 1A), correspondence or witness statements (for ASB grounds). Do not skip this — a poorly evidenced notice is one of the most common reasons possession claims fail.
Step 3 — Complete Form 3A
Download Form 3A from GOV.UK (Assured tenancy forms for privately rented properties from 1 May 2026) or use LetSafe’s Section 8 Notice Pack, which includes a completed Form 3A, ground-specific evidence checklist, and service guidance. Pay particular attention to:
- Stating the ground(s) clearly by number and full statutory text.
- Providing all the facts supporting each ground (not just a summary).
- Calculating the correct notice expiry date (must not be before the minimum notice period from the date of service).
Step 4 — Serve the Notice
Serve on the tenant(s). For joint tenancies, serve on all named tenants. Acceptable methods: hand delivery (retain signed receipt); first-class post (deemed served the day after posting); email (only if the tenancy agreement expressly permitted it). Retain your proof of service.
Step 5 — Apply to Court if the Tenant Stays
If the tenant has not vacated by the expiry date on the notice, apply to the County Court using Form N5. Unlike the old accelerated possession procedure for Section 21, every Section 8 claim requires a court hearing. Budget for 4–12 weeks from issue to hearing depending on court workload in your area.
Step 6 — Enforce via Warrant if Needed
If the judge grants a possession order and the tenant still does not leave by the date specified, apply for a warrant of possession (Form N325). Court bailiffs will attend. Do not change the locks or remove the tenant yourself — this is illegal eviction and a criminal offence regardless of how much rent is owed.
Common Mistakes After Section 21 Was Abolished
- Serving a Section 21 notice. Invalid from 1 May 2026. The local authority can impose a civil penalty of up to £7,000 per breach.
- Using the old Form 3. Form 3 was replaced by Form 3A on 1 May 2026. Notices on Form 3 will be rejected by courts.
- Failing to protect the deposit. Courts will refuse to grant possession under most Section 8 grounds if the tenant’s deposit is not protected in an approved scheme with the prescribed information served.
- Incorrect notice period. The notice periods changed on 1 May 2026. Serving a 2-month notice where 4 months is required invalidates the notice entirely.
- Arrears dropping before the hearing. Ground 8 requires arrears to be at least 3 months at both the date of service and the date of the hearing. If the tenant pays down arrears between service and the hearing, Ground 8 fails. Use Grounds 10 and 11 alongside Ground 8 as fallback discretionary grounds.
This guide is accurate as at 6 June 2026. It is provided for information purposes only and does not constitute legal advice.