If you've been a landlord for more than a few years, Section 21 was your safety net. The "no fault" eviction notice that let you reclaim your property without having to prove anything against your tenant.

It's gone. Abolished on 1 May 2026.

This edition covers exactly what replaced it, how it works, and what you need to know before you ever need to use it.

Section 21 allowed landlords to serve a two month notice requiring tenants to leave without needing to give any reason. No fault required. Courts had to grant possession if the notice was valid.

It was controversial — tenant groups called it the leading cause of homelessness. Landlords called it essential protection against problem tenancies.

Either way — it no longer exists.

Section 8 always existed alongside Section 21 but was rarely used because Section 21 was easier. Now Section 8 is your only route to possession and you need to understand it properly.

Section 8 requires you to cite specific legal grounds for repossession. There are now 30 grounds under the Renters Rights Act — split into mandatory and discretionary.

These are the grounds where if you prove the facts, the judge has no choice but to grant possession:

Ground 1 — Landlord wants to move in You or a close family member wants to occupy the property as their only or principal home. Requires 4 months notice. Cannot be used in the first 12 months of the tenancy.

Ground 1A — Landlord wants to sell You intend to sell the property. Requires 4 months notice. Cannot be used in the first 12 months of the tenancy.

Ground 7A — Serious antisocial behaviour The tenant has been convicted of a serious offence, breached a criminal behaviour order, or been found guilty of serious antisocial behaviour. No minimum notice period.

Ground 8 — Serious rent arrears The tenant owes at least 3 months rent at the time of serving the notice AND at the time of the court hearing. This is critical — if the tenant pays down arrears below 3 months before the hearing, Ground 8 fails. Requires 4 weeks notice.

These grounds give the judge discretion — meaning even if you prove the facts, they can still refuse possession if they think it's unreasonable.

Ground 10 — Some rent arrears Tenant is behind on rent but below the 3 month threshold. Judge can grant or refuse.

Ground 11 — Persistent late payment Tenant consistently pays late even if not currently in arrears. Harder to prove but useful for persistent offenders.

Ground 12 — Breach of tenancy Tenant has broken a term of the tenancy agreement — keeping unauthorised pets, subletting without permission, causing damage. You need evidence.

Ground 13 — Deterioration of property The property has deteriorated due to the tenant's neglect or that of someone living with them.

Ground 14 — Antisocial behaviour Nuisance or annoyance to neighbours or the local area. Lower threshold than Ground 7A but discretionary.

1. You must serve a Section 8 notice correctly The notice must be on the prescribed Form 3, cite the exact grounds you're relying on, and give the correct notice period for each ground. Getting this wrong means starting again.

2. The Information Sheet must have been served first This is why Edition 1 mattered. If you haven't served the Renters Rights Act Information Sheet to your tenant, your Section 8 notice is invalid. You cannot fix this after the fact.

3. Ground 8 is your strongest tool — protect it If your tenant falls into 3 months arrears, serve the Section 8 notice immediately. Don't wait. Every day you wait risks the tenant paying down below the threshold and removing your mandatory ground.

4. Grounds 1 and 1A have a 12 month restriction You cannot use the selling or moving in grounds in the first 12 months of a tenancy. If you think you might need to sell, factor this into your tenancy decisions now.

5. Court backlogs are severe Even with valid grounds and a correct notice, court possession hearings are taking 6-12 months in many areas. This is the real cost of losing Section 21 — timeline uncertainty. Budget accordingly.

✅ Download Form 3 from gov.uk — familiarise yourself with it before you ever need it

✅ Check your tenancy agreements — do they have clear clauses around rent payment, pets, subletting and property care? These underpin your discretionary grounds.

✅ Keep records of everything — rent payment dates, any communication about issues, inspection reports. Evidence wins Section 8 cases.

✅ If a tenant falls into arrears — act at 3 months, not after. Don't wait.

✅ Make sure you've served the Information Sheet — if you haven't, do it before 31 May. Your entire possession process depends on it.

We're covering the new EPC C by 2030 deadline — what it means for your property, what upgrades actually qualify, and how to plan the costs without being ripped off.

If this was useful, forward it to a landlord you know.

The Landlords Brief covers everything UK landlords need to stay compliant and informed. Subscribe free at https://samuels-newsletter-7942f6.beehiiv.com . This newsletter is for general information only and does not constitute legal or financial advice.