Section 8 notices: the only route to possession since May 2026
If you used to rely on Section 21, this is the page to read. Since 1 May 2026, Section 8 is the only way a landlord in England can seek possession of an assured tenancy. The Renters' Rights Act also revised the grounds and notice periods.
The grounds landlords use most
| Situation | Ground type | Notes |
|---|---|---|
| Selling the property | Mandatory | New ground; cannot be used in the first 12 months of a tenancy |
| Landlord or family moving in | Mandatory | Same 12-month restriction applies |
| Serious rent arrears | Mandatory | Threshold and notice period revised by the Act |
| Persistent late payment / lesser arrears | Discretionary | Court weighs reasonableness |
| Antisocial behaviour | Discretionary | Notice can be immediate in serious cases |
| Breach of tenancy terms | Discretionary | This is where a well-drafted agreement earns its keep |
Why your tenancy agreement matters more now
Several grounds turn on what the tenancy agreement actually says – breach of terms most obviously. With no Section 21 backstop, a vague or outdated agreement directly weakens your position. A compliant, specific agreement is now a possession tool, not just paperwork.
Process in brief
- Serve the correct form of Section 8 notice citing your ground(s) with the right notice period.
- If the tenant doesn't leave, issue a possession claim at court.
- Attend the hearing; mandatory grounds must result in an order if made out, discretionary grounds are weighed by the judge.
This page is general information, not legal advice – possession claims have strict procedural requirements, and errors restart the clock. Take advice before serving notice.
Want the dates and figures worked out for you? Try the free notice period calculator.
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Start my agreement →Frequently asked questions
What is a Section 8 notice?
The notice that starts possession proceedings on statutory grounds, and since Section 21 was abolished, the only route to evicting a tenant in England.
What is the difference between mandatory and discretionary grounds?
If a mandatory ground is proved, the court must order possession; on a discretionary ground the court also weighs whether an order is reasonable in the circumstances.
How much notice does a Section 8 notice require?
It depends on the ground: four months for selling or moving in, four weeks for serious rent arrears, two weeks for breach of the tenancy, and antisocial behaviour cases can move faster.