Section 8 Notices After the Renters’ Rights Act: A Landlord’s Guide for 2026

Last legally reviewed: September 2026

Section 21 is dead, long live Section 8!

Since 1 May 2026, private landlords in England who want to recover possession will generally need to rely on one or more of the statutory grounds for possession and serve a section 8 notice.

That is a much bigger change than simply replacing one notice with another.

A landlord now needs a recognised legal reason for possession. The ground relied upon must genuinely fit the circumstances. The correct notice period must be given and, if the tenant does not leave, the landlord must ultimately be able to prove the ground in court.

Having acted for landlords in possession cases for more than 25 years, one of the most common problems I see is the notice being treated as a standalone step, with the evidential and litigation issues considered only later.

That has always been risky. Under the post-Renters' Rights Act regime, it is more important than ever to consider the eventual court case before the notice is served. The ground relied upon, the evidence supporting it and any potential obstacles to possession should all be identified at the outset.

A properly prepared section 8 notice should be approached as the first stage of the possession proceedings. The ground, the evidence and any potential problems with the tenancy should all be considered before the notice is served.

What is a Section 8 notice after the Renters' Rights Act?

A section 8 notice is the notice used by a landlord who intends to seek possession of an assured tenancy on one or more of the statutory grounds contained in Schedule 2 to the Housing Act 1988. Since 1 May 2026, landlords serving a new section 8 notice under the post-Renters' Rights Act regime must use Form 3A, or a form substantially to the same effect. The notice must identify the ground or grounds relied upon and explain why the landlord says they apply.

That makes the notice fundamentally different from the former section 21 procedure. A landlord cannot simply say: "I want my property back."

This is no longer an acceptable reason. There must be a statutory reason for seeking possession.

Why getting the Section 8 notice right matters

The Section 8 notice is not merely a procedural hurdle. It is the foundation of the possession claim. If the notice does not identify the correct ground or gives the wrong notice period or inadequately explains the basis of the claim, the landlord may face delay or, potentially, dismissal of the possession proceedings. This could turn out to be a costly mistake.

Over the years, I have seen perfectly viable possession cases made more difficult than they needed to be because the notice was treated as an administrative form rather than the start of the litigation. My starting point in any possession case is therefore not: Which form do we need? It is: Why does the landlord want possession, and which legal ground actually fits those facts?

Only once that has been established should the notice be prepared.

What is the difference between mandatory and discretionary possession grounds?

This distinction is crucial. With a mandatory ground, if the statutory requirements are satisfied and the ground is proved, the court must ordinarily make a possession order.

With a discretionary ground, proving the underlying facts is not enough. The court must also decide whether it is reasonable to make a possession order. That can make a considerable difference in practice and play a pivotal role in deciding what ground to rely on.

A landlord may be able to prove that a tenant persistently pays the rent late or has breached a tenancy obligation. But where the ground is discretionary, the judge will also look at the wider circumstances. That may include the seriousness of the breach and the history of the tenancy. It might include a consideration of what the landlord has done in response to the breach or conduct complained of and, depending upon the ground, the tenant's overall circumstances.

In defended possession claims, reasonableness is often where a case that appeared straightforward at the notice stage becomes much less so.

Selecting the correct possession ground is therefore a strategic legal decision. It is not simply a matter of identifying something that appears "to fit" or something that the tenant appears to have done wrong.

Ground 8: serious rent arrears

A very serious and commonly relied upon ground. One thing that has certainly not disappeared with section 21 is rent arrears. They remain one of the most common reasons landlords seek possession. Ground 8 is and remains one of the most important possession grounds available to landlords dealing with substantial rent arrears.

For a monthly tenancy under the current regime, the tenant must generally owe at least three months' rent both when the section 8 notice is served and at the possession hearing. For weekly or fortnightly tenancies, the relevant threshold is 13 weeks' rent. The notice period is four weeks.

Ground 8 is a mandatory ground. Therefore, if the Court is satisfied that the ground has been made out, it must make a possession order. However, there is a significant practical point which landlords sometimes overlook. The arrears figure at the date of service is not enough on its own. The Ground 8 threshold must also be satisfied when the case reaches the possession hearing.

A tenant who makes a substantial payment before the Court hearing date may therefore reduce the arrears below the mandatory threshold. And this need only be by a penny!

This is one of the first things I consider in any rent arrears case. A landlord may feel understandably confident because Ground 8 is satisfied when the notice is served, but the litigation risk is not fixed at that point. The history of the arrears and the likelihood of payments being made before the hearing also matter.

Grounds 10 and 11: lower arrears and persistent late payment

Grounds 10 and 11 are commonly used alongside Ground 8. Ground 10 may apply where rent is in arrears even though the amount does not reach the Ground 8 threshold. Ground 11 concerns persistent delay in paying rent.

Both are discretionary and their current notice period is also four weeks.

These grounds can be extremely useful, but landlords need to understand their limitations. The Court does not have to order possession simply because some rent is unpaid or because payments have historically been late. Reasonableness still has to be established.

A tenant who falls behind every few months and then catches up may potentially fall within Ground 11. Whether that history is sufficiently serious to justify possession is another question.

In practice, I place considerable weight on the rent history. A clear payment chronology often tells the story of a Ground 11 case far better than a general assertion that the tenant is a persistent late payer.

Should a landlord use Grounds 8, 10 and 11 together?

A question that is often posed by a landlord, and often the answer will be yes.

Where the facts genuinely support all three grounds, using Grounds 8, 10 and 11 together can provide alternative routes to possession. For example, Ground 8 might be satisfied when the notice is served but cease to be available if the tenant reduces the arrears before the hearing.

Grounds 10 and 11 may nevertheless remain. But they remain discretionary. Using all three grounds therefore does not guarantee possession.

Nor should landlords automatically include every rent arrears ground simply because it exists. Each ground should be supported by the actual payment history. As always, careful consideration should be given before the notice is finalised and served on the tenant.

Ground 1: when the landlord or family member wants to move in
Ground 1 provides a mandatory route to possession where the landlord intends to occupy the property as their home or wishes a qualifying family member to do so. The notice period is four months, and the ground is subject to an initial 12-month protected period.

It can therefore be particularly useful where, for example, a landlord wants to return to a former home or wishes their son or daughter to live in the property. What matters, however, is genuine intention. Ground 1 should not be viewed simply as a convenient way of obtaining vacant possession.

If the claim is challenged, the landlord may need to prove the proposed occupation.

My preference is always to identify the evidence of that intention before service. Contemporaneous evidence is generally much more persuasive than an explanation assembled only after a defence has been filed.

Ground 1A: when the landlord wants to sell

Ground 1A is likely to become one of the most widely used possession grounds following the abolition of section 21. I say this because prior to the abolition, many landlords would explain that the only reason they wish to serve the s21 notice was because they wanted to sell. The irony being that under the old s21 regime, a reason (genuine or otherwise) was simply not needed.

Ground 1A allows a landlord to seek possession where there is a genuine intention to sell the property. The notice period is four months, and it is mandatory and is also subject to the 12-month protected period.

But Ground 1A is not section 21 under a different name. The landlord must genuinely intend to sell. In practice, I would expect there to be contemporaneous evidence supporting that decision. Depending upon the circumstances, that could include discussions with estate agents, valuations, financial planning or actual steps towards marketing.

The point is not to manufacture a paper trail. It is to be able to show, if challenged, that the decision to sell was genuine when the notice was served. That distinction is important and, in my view, is likely to become a recurring issue in defended Ground 1A claims.

There are also restrictions following the use of Ground 1A which landlords should understand before the notice is served.

Ground 12: breach of the tenancy agreement

Ground 12 can apply where a tenant breaches an obligation of the tenancy other than the obligation to pay rent. The notice period is two weeks, and the ground is discretionary.

This is a ground which, in my experience, can be relied upon too casually. It is not enough simply to say: "The tenant is in breach of the tenancy." To this end, the starting point should be the tenancy agreement itself.

What exact obligation has been breached? What has the tenant actually done? What is there that proves it?

Common examples may include unauthorised occupation, unlawful subletting or breach of other express tenancy obligations.

Even if the breach is proved, the Court must still decide whether it is reasonable to make a possession order.

Ground 13: damage and deterioration of the property

Another common problem often reported by landlords. Ground 13 may apply where the condition of the property has deteriorated because of the conduct of the tenant or somebody occupying under them. The notice period is two weeks, and it is discretionary.

These cases can be considerably more difficult than they first appear. A landlord may believe that the property has been left in an appalling condition but the tenant may then produce photographs showing something very different.

If Ground 13 is being considered, I would want to see proper evidence before the notice is prepared and served on the tenant. That may include dated photographs, inspection reports, inventories, correspondence, contractor evidence or perhaps a clear chronology showing how the condition has deteriorated over the course of the tenant's occupation.

There also needs to be a proper distinction between tenant-caused deterioration and ordinary wear and tear.

Ground 14: anti-social behaviour

Ground 14 is one of the grounds about which we are increasingly asked to advise. Complaints of anti-social behaviour by tenants, occupiers and visitors can be extremely serious, but they are also among the more evidentially difficult possession cases to prove.

Proceedings may be commenced immediately after the notice is served, although the court cannot make a possession order during the first 14 days following service. Ground 14 is discretionary.

Ground 14 cases are particularly evidence-sensitive, and despite what might seem like obvious anti-social behaviour to a landlord, are amongst some of the more difficult cases to prove at Court.

A few general complaints that a tenant is "causing trouble" are very different from a properly evidenced chronology of repeated incidents. The court will distinguish genuine anti-social behaviour from neighbour disputes or repeated complaints between people who simply do not get on. Independent third-party evidence can therefore be particularly valuable, including police incident reports, council records, recordings, photographs and witness evidence.

The better evidence is that which is independent and comes from third parties. Such evidence can include police incident reports and council involvement, such as recordings and photographs evidencing the allegation.

A criminal conviction is not required. Equally, police attendance does not automatically prove the Ground 14 case.

The conduct still has to be established, and the Court still has to decide whether possession is reasonable.

Can tenancy deposit problems affect a Section 8 claim?

Unfortunately, Yes. Since the abolition of section 21 on 1 May 2026, landlords now face having to deal with deposit compliance for the majority of the section 8 grounds.

Where the landlord continues to hold a tenancy deposit, the court may need to be satisfied that the deposit has been properly protected and that the relevant prescribed information has been given to the tenant before it is able to grant a possession order.

In some circumstances, a defect may be capable of remedy before a possession order is made, for example by returning the deposit. There are also exceptions in relation to certain possession grounds.

The practical point is simple. Check the deposit position before proceedings are issued. This is particularly important with older tenancies, inherited tenancies and cases where deposits have moved between landlords or managing agents.

I regularly see deposit issues which are entirely capable of being dealt with but only become problematic because they were not identified until very late in the possession process. At The Landlord Group, our aim is to avoid the scenario where a landlord discovers too late that there is a deposit problem after the proceedings are already underway.

Can a landlord serve a Section 8 notice without an HMO or selective licence?

Potentially, yes. The absence of a required HMO or selective licence does not automatically prevent a landlord from relying on every Section 8 ground.

The licensing position must, however, be checked carefully before possession action is started. In some cases it may be central to the possession strategy itself. Ground 6B, for example, is specifically intended for circumstances where enforcement action - including refusal or revocation of an HMO or selective licence, or occupation above the number permitted by the licence - means that the tenancy cannot lawfully continue.

For other grounds, such as Grounds 1, 1A, 8, 10, 11, 12 or 14, the licensing defect may not of itself prevent reliance on the ground. But it can still expose the landlord to separate enforcement action, civil penalties and other consequences.

The safest approach is therefore not to assume either that an unlicensed property prevents all section 8 possession claims, or that licensing is irrelevant. The licensing position should be reviewed alongside the proposed possession ground before the notice is served.

Can a tenant raise disrepair against a Section 8 claim?

Potentially, yes, and the gravity of such a claim will very much depend on which ground is being relied upon by the landlord.

Disrepair can be particularly significant where the landlord is relying upon rent arrears grounds such as Grounds 8, 10 and 11. A tenant may raise disrepair by way of defence and counterclaim and seek damages for an alleged breach of the landlord's repairing obligations. If successful, those damages may be set off against the rent arrears.

That can have a direct impact on the possession claim. In a Ground 8 case, for example, a sufficiently substantial counterclaim could reduce the net arrears below the mandatory threshold and remove the landlord's entitlement to possession under that ground. Grounds 10 and 11 may remain available, but they are discretionary.

Other possession grounds can be considerably more resilient to a disrepair counterclaim. A genuine Ground 1 or Ground 1A case, for example, does not ordinarily cease to exist simply because the tenant also alleges disrepair.

That does not mean, however, that a tenant cannot raise the issue. A tenant facing possession may still advance a disrepair defence or counterclaim, seek disclosure or expert evidence, and ask the court to give directions for the counterclaim to be determined. Even where the disrepair allegations do not ultimately defeat the possession ground, they can complicate and prolong the proceedings.

For that reason, I would always review the repair history before possession proceedings are commenced.

The purpose is not to assume that every disrepair allegation is meritorious. It is to understand any potential issue before the tenant raises it in court and to be ready to deal with it if they do.

How important is Form 3A (the section 8 notice)?

Very. Form 3A is the prescribed form for section 8 notices served under the new regime. It must identify the relevant possession grounds and explain why the landlord says those grounds apply.

Government guidance expressly warns landlords that an incomplete or inaccurate notice may delay the possession claim or result in it being dismissed. That is why I regard Form 3A as substantially more than an administrative form.

It should be prepared on the assumption that a judge may eventually have to read it and the factual basis of each ground should therefore be properly considered before the notice leaves the landlord's hands.

Is it better to include as many possession grounds as possible?

Not necessarily. More grounds do not necessarily mean a stronger case.

A landlord may have rent arrears, allegations of damage, neighbour complaints and suspected subletting. That could potentially give rise to several grounds. But every additional ground creates something else which may have to be proved or be defended against.

Different grounds may require different evidence. They may have different notice periods, and some are mandatory and some discretionary.

Weak grounds can also distract from an otherwise strong possession case.

My preference is therefore to identify the landlord's genuine reason for seeking possession and use the grounds which can properly be supported.

A section 8 notice should be comprehensive where necessary. It should not become a shopping list.

What happens after the period of notice in a Section 8 notice expires?

A commonly held view by landlords is that when the notice period expires, the tenancy ends. This is not the case and has never been the case. A Section 8 notice does not itself end the tenancy. If the tenant leaves voluntarily, court proceedings may not be necessary.

If the tenant remains, the landlord will ordinarily need to issue possession proceedings in the county court and the landlord will then need to prove the ground or grounds relied upon.

If the court makes a possession order and the tenant still does not leave, enforcement through the court may then be required.

A landlord should never simply change the locks or remove a tenant because the Section 8 notice has expired.

How long is a Section 8 notice valid for?

Under the post-1 May 2026 regime, proceedings will generally need to be commenced within 12 months of service of the notice. That does not mean landlords should automatically wait.

Possession cases are dynamic. For example, rent arrears rise and fall, and witnesses might become less willing to assist. Evidence becomes older, and circumstances at the property can change.

Once the notice expires, the position should therefore be reviewed immediately before proceedings are commenced.

The real change after Section 21 is strategic

The biggest change brought about by the abolition of Section 21 is not simply that landlords now use a different notice. The possession strategy itself has changed.

For many years, landlords could frequently recover possession without having to establish why they wanted their property back. That is no longer the position. A landlord must now start with a statutory ground and, if the tenant remains, be prepared to prove it.

After more than 25 years acting in possession cases, my view is that the most important change for landlords is therefore one of mindset: the court case now needs to be considered before the notice is served.

Before serving a section 8 notice, I would want to know:

• Why does the landlord actually want possession?
• Which statutory ground fits those circumstances?
• Is that ground mandatory or discretionary?
• What evidence supports it?
• What notice period applies?
• Is the tenancy deposit position compliant?
• Is a property licence required and, if so, what is the position?
• Has the tenant raised any disrepair issues?
• Is anything likely to change before the possession hearing?

Those questions should be answered before the notice is served. Not afterwards.

That, in my view, is one of the most important practical consequences of the new possession regime.

Frequently asked questions about Section 8 notices

Can a landlord still serve a Section 21 notice in 2026?

No. Section 21 was abolished for private landlords in England on 1 May 2026. A landlord or agent who nevertheless attempts to end an assured tenancy using an invalid or purported possession notice may also expose themselves to enforcement action under the Renters' Rights Act.

For a new possession case started now, landlords will generally need to rely upon section 8 and establish a statutory ground for possession.

What form does a landlord use for a Section 8 notice now?

For notices served under the current regime, landlords use Form 3A, or a form substantially to the same effect.

How much rent must a tenant owe for Ground 8?

For rent payable monthly, the Ground 8 threshold has been increased from two months to at least three months' rent.

The threshold must be satisfied both when the notice is served and when the possession case reaches the hearing.

Can a landlord use Section 8 if the arrears are less than three months?

Potentially. Ground 10 may apply where some rent remains unpaid, and Ground 11 may apply where there has been persistent delay in paying rent.

However, both grounds are discretionary, which means possession is not automatic even if the court is satisfied that the ground has been made out.

Can a landlord use several Section 8 grounds at the same time?

Yes, provided the facts genuinely support each ground.

Using several grounds can sometimes provide useful alternatives, but simply adding more grounds does not necessarily strengthen the case.

Can a landlord use Ground 1A simply because they want the tenant to leave?

No. Ground 1A requires a genuine intention to sell the property. It should not be treated as a substitute for the former no-fault section 21 procedure.

Does the tenant have to leave when the Section 8 notice expires?

No. The notice does not itself end the tenancy.

If the tenant remains, the landlord will ordinarily need to obtain a possession order from the court.

Can a defective Section 8 notice be challenged?

Yes. A defect in the notice may cause delay and, depending upon the nature of the problem, may prevent the landlord from relying upon it.

That is why the grounds, notice period and factual wording should be checked carefully before service.

Thinking about serving a Section 8 notice?

The most important time to identify a problem with a possession case is before the notice is served.

The Landlord Group specialises in residential possession work for landlords throughout England. Our Section 8 notices are prepared by specialist landlord and tenant law specialists.

Before the notice is drafted, we consider the tenancy, the landlord's reason for wanting possession, the grounds available and the evidence supporting them.

That means the notice is prepared with the possible court proceedings already in mind.

If you are considering recovering possession from a tenant, we can review the circumstances and advise on the appropriate route.

Instruct The Landlord Group to prepare your Section 8 notice or contact us if you are unsure which possession ground applies to your case.

About the author

Chris Sharp is a solicitor specialising in residential landlord and tenant law and has acted exclusively for landlords for more than 25 years. He is Principal Solicitor at LR Solicitors and a director of The Landlord Group. His practice focuses particularly on residential possession proceedings, tenancy disputes and landlord enforcement.

Chris has also been a regular contributor to Channel 5's Nightmare Tenants, Slum Landlords and has delivered specialist lectures on residential landlord and tenant law across the country, including Leeds Metropolitan University.

This article provides general information about landlord and tenant law in England and should not be treated as legal advice about any particular tenancy. The appropriate possession route will depend upon the individual facts and circumstances.