Understanding the New Possession Grounds

From 1 May 2026, Section 21 "no-fault" evictions are abolished entirely. You can no longer ask a tenant to leave without giving a reason. All possession claims must now use Section 8 of the Housing Act 1988, which requires you to prove specific grounds. Understanding these grounds is essential to protecting your ability to regain your property when you genuinely need to.

Section 21 allowed landlords to end an assured shorthold tenancy by giving two months' notice, without needing to give a reason. This route is permanently removed from 1 May 2026.

In its place, Section 8 grounds have been expanded and reformed. The key grounds landlords need to understand are:

Mandatory grounds (court must grant possession):

• Ground 1 — Landlord or family moving in: You or a close family member intend to live in the property. Requires 4 months' notice. Cannot be used in the first 12 months of the tenancy.
• Ground 1A — Selling the property: You intend to sell the property with vacant possession. Requires 4 months' notice. Cannot be used in the first 12 months.
• Ground 6 — Redevelopment: You intend to demolish, reconstruct, or carry out substantial works. Requires 4 months' notice.
• Ground 8 — Serious rent arrears: The tenant owes at least 3 months' rent (increased from 2 months) at the date of the notice and the date of the hearing.

Discretionary grounds (court decides based on reasonableness):

• Ground 10 — Some rent arrears: Rent is unpaid at the date of the notice and the hearing, but below the 3-month threshold.
• Ground 11 — Persistent late payment: The tenant has a history of persistently paying rent late.
• Ground 12 — Breach of tenancy terms: The tenant has broken a term of the tenancy agreement.
• Ground 14 — Antisocial behaviour: The tenant or their visitors have caused nuisance or annoyance. Serious cases may be treated as mandatory.

New grounds introduced by the Act:

• Ground 4A — Student accommodation: Enables purpose-built student lets to be managed on an academic-year cycle.
• Ground 6A — Superior lease ending: The landlord's own lease is coming to an end.

The shift from Section 21 to Section 8 has several practical implications:

• You need a reason: Every possession claim must be supported by evidence. "I just want the property back" is no longer enough.
• 12-month protection period: You cannot use Grounds 1 or 1A during the first 12 months of a tenancy, so plan ahead if you think you may need to sell or move in.
• Longer notice periods: Most grounds require 2 or 4 months' notice (previously Section 21 required 2 months). Budget for longer timelines.
• Court involvement: All possession claims go through the courts. Even with mandatory grounds, you need a court order. Build potential delays into your planning.
• Evidence is everything: For discretionary grounds especially, the court will weigh the evidence. Keep thorough records of rent payments, correspondence, and any breaches.

• 1 May 2026: Section 21 abolished. All new possession claims must use Section 8 grounds.
• 31 July 2026: Deadline for landlords to bring possession proceedings based on Section 21 notices served before 1 May 2026. After this date, all pending Section 21 notices expire.
• Notice periods: 4 months for Grounds 1, 1A, and 6. 2 months for most other grounds. 2 weeks for serious antisocial behaviour.

Q: I served a Section 21 notice before 1 May 2026. Can I still use it?

A: Yes, but you must issue court proceedings by 31 July 2026. After that date, your Section 21 notice is invalid and you'll need to use Section 8 grounds instead.

Q: What if my tenant stops paying rent?

A: You can use Ground 8 (mandatory, for arrears of 3 months or more) or Ground 10 (discretionary, for any level of arrears). Keep detailed records of every missed or late payment.

Q: Can I still get my property back if I want to sell?

A: Yes, Ground 1A allows possession for sale, but you must give 4 months' notice and cannot use it in the first 12 months of the tenancy.

Q: What evidence will the court need?

A: This varies by ground. For rent arrears, you need a clear payment history. For moving in (Ground 1), evidence of genuine intention. For all grounds, proof that the correct notice was served and received by the tenant.

Q: Are the court fees higher now?

A: Court fees for Section 8 claims are typically higher than Section 21 claims were, and the process is more complex. Professional support with possession proceedings is strongly recommended.

• If you have a pending Section 21 notice, check whether you need to issue court proceedings before 31 July 2026
• Familiarise yourself with the Section 8 grounds most likely to apply to your situation
• Review your record-keeping practices — you will need evidence for any future possession claim
• Keep clear rent payment records for every tenancy (Ground 8 and 10 evidence)
• Consider how the 12-month restriction on Grounds 1 and 1A affects your plans
• Talk to your letting agent about how they handle Section 8 possession proceedings