Section 8 Explained: The Only Way to Evict a Tenant Now Section 21 Is Gone

Section 21 is gone. If you want to end a tenancy or regain possession of your property, Section 8 is now the only route available to you — and the rules have changed significantly under the Renters' Rights Act 2025.

This guide explains exactly how Section 8 works in 2026, which grounds are available to you, what evidence you need, how to serve the notice correctly, and what happens if the tenant refuses to leave.

What Is Section 8?

Section 8 refers to the possession process set out in Section 8 of the Housing Act 1988. It allows a landlord to apply to court for possession of a property by citing one or more specific legal 'grounds' — set reasons that justify ending the tenancy.

Before May 2026, most landlords rarely needed to use Section 8 in practice, because Section 21 gave them a simpler route: serve two months' notice, wait for it to expire, and go to court if the tenant stayed. No reason required.

That route is now closed. Since 1 May 2026, Section 8 is the only way to end any Assured Periodic Tenancy — which is what all private residential tenancies in England now are.

Mandatory vs Discretionary Grounds

The Section 8 grounds are divided into two types, and understanding the difference is critical:

Mandatory grounds: If you prove a mandatory ground, the court must grant possession. The judge has no discretion. Examples include serious rent arrears and anti-social behaviour convictions.

Discretionary grounds: The court considers whether it is reasonable to grant possession, even if the ground is proven. The tenant may be able to persuade the judge to let them stay. Examples include minor rent arrears and breach of tenancy.

Always aim to use mandatory grounds where possible — they give you the most certainty.

The Key Grounds Landlords Need to Know

Here are the grounds most relevant to private landlords in 2026, updated under the Renters' Rights Act:

Ground	What It Covers / Notice Required
Ground 1 — Landlord/family moving in (Mandatory)	Landlord or close family member needs to move in. 4 months' notice. Cannot be served in first 12 months of tenancy.
Ground 1A — Landlord intends to sell (Mandatory)	Landlord requires vacant possession to sell. 4 months' notice. Cannot be served in first 12 months. Landlord cannot re-let for 12 months if sale falls through.
Ground 4A — Student lets (Mandatory)	New ground for HMO student lets. Allows possession to re-let to students in next academic year. Notice must be given at start of tenancy.
Ground 6 — Redevelopment (Mandatory)	Landlord intends to demolish or substantially redevelop. Reasonable notice required.
Ground 7A — Anti-social behaviour (Mandatory)	Tenant (or visitor) convicted of serious anti-social behaviour or criminal offence. Immediate notice possible.
Ground 8 — Serious rent arrears (Mandatory)	Tenant owes at least 3 months' rent at point of notice AND at court hearing. Updated from 2 months under old rules. 4 weeks' notice.
Ground 10 — Some rent arrears (Discretionary)	Tenant is in any level of arrears. Court decides if reasonable to evict. 4 weeks' notice.
Ground 11 — Persistent late payment (Discretionary)	Tenant repeatedly pays late, even if not currently in arrears. 4 weeks' notice.
Ground 12 — Breach of tenancy (Discretionary)	Tenant has broken a term of the tenancy agreement (e.g. unauthorised sublet). 2 weeks' notice.
Ground 13 — Property damage (Discretionary)	Tenant has caused damage to the property or common areas. 2 weeks' notice.
Ground 14 — Anti-social behaviour (Discretionary)	Nuisance or annoyance to neighbours. Immediate notice possible. Lower threshold than Ground 7A.
Ground 17 — False information (Mandatory)	Tenant (or agent) provided false information to obtain the tenancy. 2 weeks' notice.

Important: You can cite multiple grounds on the same Section 8 notice. For example, you might cite Ground 8 (mandatory serious arrears) alongside Ground 10 (discretionary some arrears) and Ground 11 (persistent late payment) to strengthen your case.

The Evidence You Need

The biggest shift landlords need to get used to is this: you must be able to prove every ground you cite. Unlike Section 21, which required no explanation, Section 8 is entirely evidence-based. If the evidence is weak or missing, a judge can throw the case out.

Here is the evidence you should gather for the most common grounds:

Rent arrears (Grounds 8, 10, 11)

•       Rent account statement showing the full history of payments and arrears

•       Bank statements showing missed or partial payments

•       Copies of any written reminders or notices sent to the tenant

•       For Ground 8, confirm the arrears are still at least 3 months' worth at the date of the court hearing — if the tenant pays down below 3 months before the hearing, the mandatory ground fails

Landlord/family moving in (Ground 1)

•       Written statement of intention signed by the landlord or family member

•       Evidence of the person's current address and connection to the landlord

•       Any supporting evidence of genuine need (e.g. job relocation, end of current housing)

Intention to sell (Ground 1A)

•       Evidence of genuine intention — estate agent instruction letter or valuation

•       Note: if you fail to sell and re-let the property within 12 months, the tenant may challenge the ground

Anti-social behaviour (Grounds 7A, 14)

•       Police reports or crime reference numbers

•       Written complaints from neighbours (signed and dated)

•       Any ASBO, conviction, or civil injunction

•       Your own log of incidents with dates and descriptions

Property damage (Ground 13)

•       Photographs with timestamps

•       Check-in inventory showing original condition

•       Repair quotes or invoices

How to Serve a Section 8 Notice Correctly

Getting the paperwork right is essential. A single error — wrong form, wrong date, incomplete details — can invalidate the entire notice and force you to start again.

Step 1 — Use the correct form.  Download Form 3A from the government website. This is the updated form for use after 1 May 2026 under the Renters' Rights Act. Do not use the old Form 3.

Step 2 — Complete it in full.  Include the tenancy details, the specific grounds you are relying on, and the correct notice period for each ground.

Step 3 — Serve it correctly.  Serve by first-class post to the property address, or hand-deliver directly to the tenant. Keep proof of service — complete Form N215 or keep a signed delivery receipt.

Step 4 — Wait out the notice period.  The notice period depends on the ground. Most are 4 weeks or 4 months (see the table above). You cannot apply to court before the notice period has expired.

Step 5 — Apply to court if the tenant stays.  If the tenant has not vacated by the end of the notice period, apply to court for a possession order. Under the new rules, every case now requires a formal court hearing — the old accelerated paper-based route has been abolished.

Make sure you are registered on the Private Rented Sector Database before serving notice on certain grounds, including Ground 1 and Ground 1A. Notices served without valid database registration are legally void.

Notice Periods at a Glance

Notice Period	Grounds
Immediate (can apply to court straight away)	Ground 7A (serious ASB conviction), Ground 14 (ASB/nuisance)
2 weeks	Grounds 12, 13, 17
4 weeks	Grounds 8, 10, 11
4 months	Grounds 1 (moving in), 1A (sale), 6 (redevelopment)

Can a Tenant Challenge a Section 8 Notice?

Yes — and under the Renters' Rights Act, tenants have stronger tools to do so. A tenant can defend possession proceedings by:

•       Arguing the ground is not made out — for example, paying off arrears before the court hearing to defeat a non-mandatory Ground 10 claim

•       Challenging the validity of the notice — errors in Form 3A or service can invalidate it

•       Arguing it is not reasonable to grant possession — relevant for all discretionary grounds

•       Raising a counterclaim — for example, that the landlord has failed to carry out repairs, or that the eviction is retaliatory

One important change under the new Act: landlords cannot evict a tenant in retaliation for complaining about conditions or challenging a rent increase. If a court finds retaliatory intent, it can refuse the possession order.

What Happens in Court?

Since the abolition of the accelerated possession route, every contested Section 8 case now requires a court hearing. Here is what to expect:

•       A judge will review your grounds and evidence

•       The tenant will have the opportunity to respond

•       For mandatory grounds where the evidence is clear, hearings are usually straightforward

•       For discretionary grounds, the judge will weigh up whether it is reasonable to evict — so the strength of your evidence matters more

•       If possession is granted, the judge will set a date by which the tenant must leave

•       If the tenant still does not leave, you can apply for a bailiff warrant to enforce the order

Court timescales are slower than most landlords expect. Build this into your planning — from serving notice to getting a court date can take several months, particularly for contested cases.

Key Changes Under the Renters' Rights Act — Summary

•       Ground 8 rent arrears threshold raised from 2 months to 3 months

•       New mandatory Ground 1A introduced for landlords wishing to sell

•       Ground 1 expanded to include landlord's children moving in (not just the landlord)

•       New Ground 4A for student HMO lets

•       Accelerated possession (paper-based, no hearing) abolished — all cases need a court hearing

•       Cannot evict in first 12 months on Grounds 1 or 1A

•       Retaliatory eviction explicitly prohibited

•       PRS Database registration required for certain grounds to be valid

What You Should Do Now

If you haven't already, here are the practical steps to take:

•       Remove Section 21 from your eviction strategy entirely — it no longer exists

•       Familiarise yourself with the grounds above and identify which apply to your current tenancies

•       Start keeping better records — rent accounts, tenant correspondence, maintenance logs — so evidence is ready if you ever need it

•       Download the new Form 3A from the government website and save it somewhere accessible

•       Register on the PRS Database when it opens in your area (rolling out from late 2026)

•       Consider rent guarantee insurance — court timescales mean arrears can build up significantly before possession is achieved

Need Help With a Section 8 Notice?

At Circle Doors, we provide landlords with the tools and guidance to manage their properties confidently and compliantly. Whether you need a Section 8 notice template, help understanding the grounds, or a compliance review of your current tenancies, we're here to help.

Visit our Compliance Library, or book a consultation with us.