Section 8 Notice: The Route to Possession After S21

Section 8 notice is now the only lawful route a landlord has to recover possession of an assured tenancy in England. Since the Renters' Rights Act 2025 abolished Section 21 on 1 May 2026, the no-fault notice that most landlords relied on for decades has gone, and every possession claim must now be built on a specific legal ground. That makes it the single most important document to get right, because a notice served on the wrong ground, with the wrong notice period, or missing the required detail will be thrown out by the court and cost months of delay. This guide explains what the notice is under the current regime, which grounds are available, how much notice each one now requires, and the mistakes that most often sink a claim.

In Short

The new possession route at a glance

• Section 21 no-fault eviction was abolished on 1 May 2026; it is the only route left.
• Every notice must cite a specific ground and give the correct notice period for that ground.
• Ground 8, serious rent arrears, now needs three months' arrears and four weeks' notice.
• Grounds 1 and 1A, moving in or selling, need four months' notice and cannot be used in the first 12 months.
• Serve on the wrong ground or period and the claim fails, so accuracy matters more than speed.

Section 8 notice: the short answer

A Section 8 notice is a formal notice a landlord serves to begin possession proceedings against a tenant, citing one or more of the grounds for possession set out in Schedule 2 of the Housing Act 1988 as amended by the Renters' Rights Act 2025. Unlike the abolished Section 21 route, it is never no-fault: the landlord has to name a ground, such as rent arrears or a genuine intention to sell, and for mandatory grounds prove it to the court. The gov.uk grounds for possession guidance for landlords and letting agents lists every ground and its current notice period, and it is the document to check before anything is served.

Section 21 is abolished: what replaced it

For most of the assured shorthold era, a landlord who wanted the property back simply served a Section 21 notice, waited two months, and applied for a possession order without giving any reason. That route ended on 1 May 2026. Section 21 is abolished, fixed terms are gone, and every tenancy is now a periodic tenancy that continues until the tenant leaves or the landlord proves a ground under Section 8. Our guide to periodic tenancy under the RRA covers that structural shift in full. The practical consequence is simple: there is no longer a way to end a tenancy without a reason the law recognises, so possession planning now starts with identifying which ground genuinely applies. One transitional point still bites while we are inside the window: a valid Section 21 or Section 8 notice served before 1 May 2026 can only be relied on if possession proceedings are started by 31 July 2026. After that date the older notice falls away, and any possession claim has to be pursued under the new Section 8 grounds.

The main Section 8 grounds landlords use

The grounds split into mandatory grounds, where the court must order possession if the ground is proven, and discretionary grounds, where the court decides whether it is reasonable. The ones London landlords meet most often are:

• Ground 8, serious rent arrears (mandatory). The tenant must be at least three months in arrears, both when the notice is served and at the hearing. The Renters' Rights Act raised the threshold from two months and doubled the notice period.
• Ground 1 (mandatory). The landlord or a close family member intends to move in.
• Ground 1A (mandatory). The landlord intends to sell the property. This ground was introduced by the Act.
• Grounds 10 and 11 (discretionary). Some rent arrears, or persistent late payment.
• Ground 14 (discretionary). Antisocial behaviour or nuisance.

Grounds 1 and 1A cannot take effect in the first 12 months of a tenancy, a protected period during which they cannot be used at all. Separately, after using either ground the landlord cannot re-market or re-let the property for 12 months from the earliest possession date specified in the notice. These are two distinct twelve-month rules, and it is worth keeping them apart. Misusing a possession ground, for example stating an intention to sell and then re-letting, is an offence in its own right. Rent arrears caused by a delayed Universal Credit payment do not count towards the Ground 8 threshold.

Current Section 8 notice periods

The notice period is set by the ground, not by the landlord, and getting it wrong is the most common reason a claim is refused. Under the current amended regime the notice periods are:

• Ground 8 and the other rent arrears grounds: four weeks' notice.
• Grounds 1 and 1A, moving in or selling: four months' notice.
• Ground 14, antisocial behaviour: a claim can be made to the court immediately, though the court will not make a possession order until 14 days have passed.
• Grounds based on false information given by the tenant: two weeks' notice.

For any ground not listed here, the notice period is set out in the gov.uk grounds table, and where a case is not clear cut the safe course is to check the specific ground there rather than assume the period.

How a Section 8 claim moves through the process

1. Identify the correct ground and confirm the evidence exists to prove it.
2. Complete the prescribed notice form, Form 3, naming every ground relied on and the facts behind it.
3. Serve the notice correctly and record how and when it was served.
4. Wait out the notice period for the ground with the longest period cited.
5. If the tenant has not left, apply to the court for a possession order.
6. Attend the hearing with evidence; for mandatory grounds the court must grant possession once the ground is proven.

Common Section 8 notice mistakes

The errors that cost landlords months are nearly always avoidable: citing a ground the evidence cannot support, using a pre-Renters' Rights Act notice period that no longer applies, miscalculating the arrears so the three-month threshold is not met on the hearing date, serving an out-of-date form, or failing to have protected the deposit and provided the required compliance documents at the start of the tenancy. A defective notice does not just delay the claim; it can expose the landlord to the civil penalties covered in our guide to Renters' Rights Act fines. Precision at the notice stage is the cheapest insurance there is. For the wider picture of what the Act changed, our overview of what the Renters' Rights Act means for London landlords sits alongside this possession-focused guide.

How AIHPG approaches this

At AIHPG, possession is something we plan for long before it is ever needed. Because we manage the tenancy continuously, we hold the compliance record, the rent ledger and the correspondence that a mandatory ground stands or falls on, so if a notice becomes necessary the evidence is already in order. We advise on which ground genuinely applies, make sure the notice period and form match the current regime, and coordinate with a solicitor where a contested hearing is likely.

The aim is always to avoid possession entirely through careful referencing and active management, but when it is unavoidable, a clean notice is what keeps the timeline short. You can see how it fits across our property management service, our service bundles, and the wider Included Difference.

Frequently asked questions about the Section 8 notice

What is a Section 8 notice?

A Section 8 notice is a formal notice a landlord serves to start possession proceedings, citing one or more specific grounds for possession under Schedule 2 of the Housing Act 1988 as amended. Since Section 21 was abolished on 1 May 2026, it is the only route to possession, and the landlord must prove a mandatory ground to the court.

Can a landlord still use Section 21 after 1 May 2026?

No. Section 21 no-fault eviction was abolished on 1 May 2026. Every possession claim now runs through Section 8 and must be based on a specific ground, such as serious rent arrears or a genuine intention to sell or move in. There is no longer any way to end an assured tenancy without a recognised legal reason.

How much notice does a Section 8 notice require?

The notice period depends on the ground. Serious rent arrears grounds require four weeks' notice, while moving in under Ground 1 and selling under Ground 1A require four months. Antisocial behaviour allows an immediate court application, though the court cannot make an order for 14 days. Always check the current period for the specific ground on gov.uk.

How much rent arrears is needed for Ground 8?

Under the Renters' Rights Act 2025, a tenant must be at least three months in arrears for the mandatory Ground 8, both when the notice is served and at the hearing. This raised the previous two-month threshold, and the notice period for the ground doubled to four weeks. Arrears caused by a delayed Universal Credit payment do not count.

Can a landlord use the moving-in or selling grounds straight away?

No. Grounds 1 and 1A cannot take effect within the first 12 months of a tenancy, and they require four months' notice. After using either ground, the landlord cannot market or re-let the property for 12 months, with only limited exceptions, so these grounds cannot be used as a workaround for the abolished no-fault route.

What happens if the notice is served incorrectly?

A defective notice, whether it cites the wrong ground, uses an outdated notice period, or relies on arrears that fall below the threshold at the hearing, will usually be rejected by the court. That means starting again and losing months, and a serving error can also expose a landlord to civil penalties, so accuracy at the notice stage is essential.

This guide is general information for landlords, not legal advice. Possession grounds, notice periods and procedures are set by statute and can change; check the current gov.uk guidance, and for your specific situation consult a qualified property solicitor.