Under the Renters' Rights Act 2025 (c. 26), every residential tenancy in England becomes a periodic tenancy from 1 May 2026. There are no more fixed terms, no more Section 21 no-fault notices, and no more simple two-month notice to quit. If you want to regain possession of your property, you must follow the Section 8 process. This guide walks you through how it works.
The End of Section 21
Section 21 of the Housing Act 1988 allowed landlords to end an assured shorthold tenancy by giving two months' notice without any reason. It was the simplest and most commonly used route to possession. The Renters' Rights Act abolishes Section 21 entirely. From 1 May 2026, every possession claim must be made under Section 8, which requires you to prove one or more specific grounds.
Understanding Section 8 Grounds
Section 8 of the Housing Act 1988 sets out a list of grounds on which a landlord can seek possession. These are divided into mandatory grounds, where the court must grant possession if the ground is proved, and discretionary grounds, where the court decides whether it is reasonable to grant possession. The key grounds are:
- Ground 1 (mandatory): You or a close family member intends to occupy the property as a principal home. Four months' notice required.
- Ground 1A (mandatory, new under RRA): You intend to sell the property. Four months' notice required.
- Ground 6 (mandatory): You intend to demolish or substantially redevelop the property. Four months' notice required.
- Ground 8 (mandatory): The tenant has at least three months' rent arrears at the date of the notice and the date of the hearing. Four weeks' notice required.
- Ground 14 (discretionary): The tenant has been guilty of anti-social behaviour or nuisance. No notice period is required — landlords may begin possession proceedings immediately.
The 12-Month Restriction
Certain grounds — including Grounds 1, 1A, and 6 — cannot be used during the first 12 months of the tenancy, giving the tenant a minimum period of security. However, fault-based grounds such as Ground 8 (rent arrears) and Ground 14 (anti-social behaviour) are not subject to the 12-month restriction.
Serving the Notice
To begin the possession process, you must serve a Section 8 notice on the tenant in the prescribed form. The notice must specify the ground or grounds you are relying on and give the correct notice period. The notice must be properly served — ideally delivered by hand with a witness, or sent by recorded delivery. Keep proof of service. A notice that is not properly served can be challenged, potentially delaying your claim by months.
Going to Court
If the tenant does not leave after the notice period expires, you must apply to the court for a possession order. You cannot change the locks, remove the tenant's belongings, or take any steps to force the tenant out. Doing so is a criminal offence under the Protection from Eviction Act 1977.
The court process involves:
- Filing a claim for possession at the county court using form N5B
- The court lists a hearing date, typically four to eight weeks after filing
- At the hearing, you must prove the ground you are relying on
- If the court grants a possession order, it usually gives the tenant 14 days to leave, or up to six weeks in cases of exceptional hardship
- If the tenant still does not leave, you apply for a warrant of possession and county court bailiffs carry out the eviction
Costs and Timelines
Court fees for a possession claim are currently around £355. If you need bailiffs, there is an additional fee. The total timeline from serving the initial notice to actual eviction can be three to six months, depending on the ground, the court's workload, and whether the tenant contests the claim.
Practical Tips
To give yourself the best chance of a smooth process:
- Keep meticulous records of rent payments, arrears, and correspondence
- Use the correct prescribed form for the Section 8 notice
- Double-check the notice period for the ground you are using
- Ensure all compliance documents are in order, as the court may check your Gas Safety Certificate, EICR, and EPC
- Consider instructing a solicitor for contested cases
Take Action
Generate your complete document pack including Section 8 notice templates, pre-filled with your property and tenant details, for £29.99.
Use our Notice Period Calculator to check the exact notice period for any ground, or read our detailed guide on Section 8 Grounds for Possession.