Section 8 Is Now the Only Route to Possession
From 1 May 2026, Section 8 of the Housing Act 1988 is the only legal mechanism for a private landlord in England to recover possession of a rented property. The abolition of Section 21 under the Renters Rights Act 2025 means that every eviction now requires a specific statutory ground to be proven in court. This applies to all tenancies -- new and existing.
This is a fundamental change. Before 1 May 2026, landlords routinely used Section 21 because it required no reason and no evidence. Under Section 8, the landlord must prove their case. Every claim requires a court hearing. The accelerated paperwork-only route that existed under Section 21 is gone.
How Section 8 Works
A Section 8 notice is a formal legal document served on the tenant using the prescribed Form 3 (for tenancies before 1 May 2026) or the new Form 3A (for tenancies from 1 May 2026). The notice must state which grounds for possession the landlord is relying on and give the tenant the required notice period before the landlord can apply to court. The notice remains valid for 12 months from the date it is served -- if the landlord does not issue court proceedings within that period, a fresh notice must be served.
If the tenant does not leave after the notice period expires, the landlord applies to the county court for a possession order. Both parties then attend a court hearing. For mandatory grounds, the court must grant possession if the ground is proved. For discretionary grounds, the court considers whether it is reasonable to grant possession.
The Key Grounds Landlords Will Use
Ground 8 -- Serious Rent Arrears (Mandatory): The tenant has at least 3 months rent arrears at both the date the notice is served and the date of the court hearing. Notice period: 4 weeks. This threshold has increased from the previous 2 months. Crucially, arrears caused by delays in Universal Credit payments must be excluded from the calculation. If the tenant pays off the arrears before the hearing, the ground may fail -- the arrears must exist at both points in time.
Ground 1 -- Landlord or Family Member Moving In (Mandatory): The landlord, or a close family member, genuinely intends to occupy the property as their principal home. Cannot be used in the first 12 months of the tenancy. Notice period: 4 months. The landlord cannot re-let or market the property for letting for 12 months after the notice period ends.
Ground 1A -- Sale of Property (New, Mandatory): Introduced by the Renters Rights Act 2025. The landlord intends to sell the property. Cannot be used in the first 12 months of the tenancy. Notice period: 4 months. The landlord cannot re-let or market the property for re-letting for 12 months -- this prevents abuse of the ground to remove tenants and then continue letting.
Grounds 10 and 11 -- Lesser Rent Arrears and Persistent Late Payment (Discretionary): Ground 10 applies where some rent is unpaid. Ground 11 applies where rent has been persistently paid late even if none is currently outstanding. Both are discretionary -- the court considers all circumstances including the tenant's vulnerability.
Ground 14 -- Antisocial Behaviour (Discretionary): The tenant has caused nuisance, annoyance, or carried out illegal activities at the property or nearby. In serious cases the court can act quickly. Notice period: immediate in serious cases.
What Tenants Can Do When They Receive a Section 8 Notice
First, read the notice carefully. Check which ground or grounds the landlord is relying on. Check that the correct form has been used -- from 1 May 2026 new tenancies require Form 3A, existing converted tenancies use Form 3. Check the notice period -- the landlord cannot apply to court until the notice period has expired. If the notice period is wrong, the notice may be invalid.
For Ground 8 rent arrears, check the amount the landlord is claiming. If the arrears include Universal Credit amounts that were owed but not yet paid, those must be excluded. If you can pay off or significantly reduce the arrears before the court hearing, the mandatory ground may fail -- it requires 3 months arrears at the hearing date, not just at the notice date.
For Ground 1 or 1A, consider whether the landlord genuinely intends what they claim. If they serve a Ground 1A notice claiming they intend to sell, then re-let the property within 12 months, they have committed a criminal offence and you may be entitled to compensation.
You have the right to attend the court hearing and defend the claim. For discretionary grounds the court must consider whether it is reasonable to grant possession. Your circumstances, including vulnerability, length of tenancy, and conduct, are all relevant.
Common Errors in Section 8 Notices
Using the wrong form is one of the most common errors. Check that the landlord has used the current prescribed form. Check that the property address and tenant names are correct. Check that the notice period given is sufficient for the ground relied on -- many grounds require 4 weeks but grounds 1, 1A, and 6 require 4 months. An error in the notice period can make the notice invalid, requiring the landlord to start again.
Check whether the landlord has fulfilled any pre-conditions for the ground they are relying on. For rent arrears grounds, has the landlord provided a valid gas safety certificate, EPC, and the How to Rent guide? Failure to comply with these pre-conditions can bar certain grounds. From September 2026, landlords must also be registered on the Private Rented Sector Database before serving a Section 8 notice -- a notice served by an unregistered landlord may be invalidated.