Section 21 has been abolished in England. Find out how landlords can now regain possession, which grounds may apply and why the correct process matters.
For many private landlords, Section 21 was a familiar part of letting property. It provided a route to possession without the landlord having to establish a particular fault on the part of the tenant.
That changed on 1 May 2026.
As part of the reforms introduced by the Renters’ Rights Act 2025, private landlords in England can no longer use Section 21 to regain possession of an assured tenancy. Instead, landlords generally need a recognised legal reason for requiring the property back and must use the appropriate possession ground under Section 8 of the Housing Act 1988. (GOV.UK)
The abolition of Section 21 does not mean that landlords cannot regain possession. However, it does make understanding the correct legal ground, notice requirements and evidence increasingly important.
If you need your rental property back, knowing where you stand before serving notice can help avoid unnecessary delays and expense.
What happened to Section 21?
Before the reforms, Section 21 was commonly referred to as a “no-fault eviction” process. Subject to the relevant requirements being met, it enabled a landlord to seek possession without having to prove that the tenant had breached the tenancy.
For notices served under the new regime from 1 May 2026, this route is no longer available to private landlords of assured tenancies in England. Landlords instead need to rely on one or more statutory grounds for possession. (GOV.UK)
These grounds cover a wide variety of circumstances, from a landlord genuinely intending to sell the property to serious rent arrears, breaches of tenancy and anti-social behaviour.
This represents an important shift. Rather than simply deciding that a tenancy should end, landlords now need to consider why they require possession and whether their circumstances meet the requirements of an available ground.
What has replaced Section 21?
Landlords now generally need to use the Section 8 possession process.
A Section 8 notice identifies the legal ground or grounds on which the landlord is seeking possession and explains why they apply. Under the post-reform system, landlords generally use Form 3A, or a notice containing the same prescribed information. (GOV.UK)
There are numerous possession grounds, and the appropriate one will depend on the landlord’s circumstances.
Some grounds are mandatory. This means that if the landlord proves that the requirements of the ground are satisfied, the court must make a possession order.
Other grounds are discretionary. With these, proving the circumstances is not necessarily enough on its own. The court must also decide whether it is reasonable to grant possession. (GOV.UK)
This distinction can be extremely important when deciding how to proceed.
Can I regain possession because I want to sell?
Yes. The new regime includes a specific mandatory possession ground for landlords who genuinely intend to sell their property.
Known as Ground 1A, it enables a landlord to seek possession where they intend to sell the dwelling. However, there are restrictions on when it can be used.
A landlord cannot require a tenant to leave using this ground within the first 12 months of a new tenancy. The landlord can serve notice during this protected period, but the notice cannot expire until the first 12 months have passed.
Ground 1A also requires the landlord to give the tenant four months’ notice before applying to court for possession. (GOV.UK)
For example, if you decide six months into a new tenancy that you want to sell, you cannot simply require your tenant to leave four months later. The protected period needs to be taken into account when calculating when possession can be sought.
There are also restrictions following the use of the selling ground. A landlord who obtains possession using Ground 1A cannot simply change their mind and immediately re-let the property. Government guidance confirms restrictions on marketing or letting the property within one year of serving notice under the selling or moving-in grounds. (GOV.UK)
For landlords considering selling, taking advice before notice is served can therefore be particularly valuable.
What if I want to move into the property myself?
There is also a mandatory possession ground where the landlord or certain close family members need to move into the property.
Known as Ground 1, this may be relevant if your personal circumstances have changed and you genuinely require the rental property as a home for yourself or a qualifying family member.
As with the selling ground, you cannot require the tenant to leave for this reason during the first 12 months of a new tenancy. Four months’ notice is also required before a landlord can apply to court for a possession order. (GOV.UK)
This might apply, for example, if you previously let your home while living elsewhere but now intend to return to it.
Again, it is important that the ground genuinely applies. The new regime contains restrictions designed to prevent landlords using the moving-in or selling grounds simply as a way of removing a tenant and then quickly re-letting the property. (GOV.UK)
What if my tenant isn’t paying the rent?
Rent arrears remain an important ground for seeking possession, but the requirements have changed.
Under mandatory Ground 8, where rent is paid monthly, the tenant generally needs to owe at least three months’ rent both when the notice is served and at the date of the court hearing. Where rent is paid weekly or fortnightly, the threshold is generally 13 weeks.
The notice period for Ground 8 is four weeks. (GOV.UK)
There are also discretionary grounds relating to rent arrears. Ground 10 can potentially apply where some rent is outstanding even if the mandatory Ground 8 threshold has not been reached. Ground 11 concerns persistent delays in paying rent. Both generally carry a four-week notice period, but because they are discretionary, the court considers whether possession is reasonable. (GOV.UK)
Accurate records are particularly important in rent arrears cases. Landlords should be able to demonstrate what rent was due, what was paid and when the arrears arose.
If a tenant begins to fall behind, seeking advice at an early stage may help you understand which options are available rather than simply waiting for the arrears to increase.
What about breaches of the tenancy?
There are other circumstances in which a landlord may have grounds to seek possession.
For example, Ground 12 concerns breaches of the tenancy agreement other than the payment of rent. This is a discretionary ground and generally requires two weeks’ notice before a court application can be made. (GOV.UK)
Other grounds deal with matters including deterioration of the property and anti-social behaviour.
The important point for landlords is that different situations have different legal requirements. A difficult relationship with a tenant does not, on its own, automatically establish a particular possession ground.
Evidence also matters. If you believe a tenant has breached their agreement, caused damage or behaved anti-socially, keeping clear records of incidents, correspondence and supporting evidence may become important if court proceedings are eventually required.
What is a Section 8 notice?
A Section 8 notice is the formal notice used by a landlord when seeking possession on one or more statutory grounds.
For notices under the current regime, the landlord generally needs to use Form 3A, or a form containing the same information. The notice should identify the possession ground or grounds being relied upon and explain why the landlord considers them applicable. (GOV.UK)
The amount of notice that must be given is not the same in every case.
For example, the selling and moving-in grounds generally require four months’ notice. Mandatory serious rent arrears under Ground 8 generally require four weeks, while Ground 12 for a non-rent breach of tenancy generally requires two weeks. Anti-social behaviour grounds have their own rules. (GOV.UK)
This is one reason landlords should be cautious about treating a Section 8 notice as a standard form that simply needs completing.
You first need to identify the appropriate legal ground, understand its individual requirements and ensure the notice period is correct.
What happens if the tenant doesn’t leave?
Serving a possession notice does not necessarily mean that the tenant will leave when the notice expires.
If the tenant remains in the property after a valid notice period has ended, the landlord generally needs to apply to the court for a possession order. The court will then consider the landlord’s claim and the ground or grounds being relied upon. (GOV.UK)
Where a mandatory ground is established, the court must grant possession. Where the ground is discretionary, the court also considers whether granting possession is reasonable.
Evidence may therefore become an important part of the proceedings. The landlord may need to demonstrate that the factual and legal requirements of the relevant ground have been satisfied.
If a possession order is made and the tenant still does not leave, further enforcement action may be required.
Landlords should not attempt to bypass this process by simply changing locks, removing belongings or otherwise forcing a tenant from the property without following the appropriate legal procedure.
Common mistakes that can delay possession
The abolition of Section 21 means that the reason for requiring possession is now central to the process.
One of the most significant mistakes a landlord can make is assuming that a particular ground applies without checking its requirements. Choosing the wrong ground, serving an incorrect notice or calculating the notice period incorrectly can create problems later.
Evidence is another important consideration.
For example, if you are relying on rent arrears, your payment records should clearly demonstrate the position. If you are relying on a breach of the tenancy, you should be able to explain what happened and provide appropriate evidence.
Some possession grounds also have additional conditions or require particular steps to have been taken earlier in the tenancy. Government guidance specifically notes that certain grounds require the tenant to have been given prior notice at the beginning of the tenancy. (GOV.UK)
Discovering a procedural problem only after court proceedings have begun can lead to delay and additional costs.
Why getting legal advice early can matter
It can be tempting to think about instructing a solicitor only if the tenant refuses to leave or the matter reaches court.
However, obtaining advice before serving notice can be particularly valuable.
An experienced solicitor can consider why you need the property back, identify the possession grounds that may be relevant and check whether the requirements of those grounds are satisfied.
They can also help ensure that the appropriate notice is prepared correctly and advise you on the evidence you may need if the matter proceeds further.
If a tenant does not leave at the end of the notice period, your solicitor can then advise on the next stage and, where appropriate, assist with the possession proceedings.
Getting the process right at the beginning may help avoid having to correct mistakes later.
Can landlords still evict tenants now Section 21 has gone?
Yes. The abolition of Section 21 does not prevent landlords from regaining possession.
However, a landlord will generally need to establish one or more statutory grounds for possession and follow the correct Section 8 procedure.
The ground relied upon must reflect the genuine circumstances, and the notice period and evidence required will depend on that ground. (GOV.UK)
Can I ask a tenant to leave because I want to sell?
There is a specific mandatory possession ground for landlords who genuinely intend to sell.
Ground 1A generally requires four months’ notice, and a tenant cannot be required to leave using this ground within the first 12 months of a new tenancy. (GOV.UK)
How much notice do I need to give a tenant?
There is no single notice period that applies to every possession claim.
The amount of notice depends on the ground being used. Some grounds require four months, while others allow significantly shorter periods.
It is therefore important to establish the correct ground before calculating the notice period.
What happens if my tenant refuses to leave?
If the notice is valid and the tenant does not leave when it expires, the landlord can generally apply to court for a possession order.
The landlord will need to establish the relevant ground for possession and comply with the applicable requirements. (GOV.UK)
Do I need a solicitor to serve a Section 8 notice?
There is no general requirement that a solicitor must serve a Section 8 notice for you.
However, the legal ground, wording, evidence and notice period can all affect whether the possession process succeeds. Obtaining legal advice before taking action can therefore be particularly useful where the circumstances are complicated or possession is important to your future plans.
Regaining possession under the new rules
Section 21 may have been abolished, but landlords still have routes available when there is a legitimate reason to regain possession of their property.
What has changed is the importance of establishing the appropriate ground and following the correct procedure from the outset.
Whether you need to sell a rental property, move back into it yourself, deal with serious rent arrears or address problems with a tenancy, understanding your legal position before serving notice can help reduce the risk of unnecessary delays.
At Rohan Solicitors, our team can advise landlords on possession proceedings, tenancy disputes, rent arrears and other property-related matters. We can help you understand the options available and guide you through the appropriate legal process.
For advice, contact Rohan Solicitors on 01444 450901 or email enquiries@rohansolicitors.co.uk.
