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 With no Section 21 backstop, a vague or outdated agreement directly weakens your position.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.
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