Regaining Possession After the Renters' Rights Act: How the Revised Section 8 Grounds Work

The short answer

From 1 May 2026, Section 21 "no-fault" evictions are abolished in England. To regain possession you now have to rely on a Section 8 ground — a specific legal reason set out in the Housing Act 1988, as amended by the Renters' Rights Act. Two changes matter most for everyday landlords: the mandatory rent-arrears ground (Ground 8) now needs 3 months' arrears and carries 4 weeks' notice; and the grounds for moving in yourself or selling (Grounds 1 and 1A) require 4 months' notice and cannot be used in the first 12 months of a tenancy. This article explains the framework, not your individual case — possession is a legal process and you should take proper advice before acting.

Why Section 21 ending changes the picture

Under the old system, most landlords who wanted their property back simply served a Section 21 notice — no reason required. That route is gone. Every possession now runs through Section 8, which means you must (a) have a valid ground, (b) give the correct notice period for that ground, and (c) if the tenant doesn't leave, ask the court for a possession order. Some grounds are mandatory (if proved, the court must grant possession) and some are discretionary (the court decides whether it's reasonable). (Source: GOV.UK, "Guide to the Renters' Rights Act" and "Renters' Rights Act: an overview for landlords"; Renters' Rights Act 2025 at legislation.gov.uk; verified July 2026.)

Ground 8 — serious rent arrears

Ground 8 is the main mandatory arrears ground. Under the revised rules:

The arrears threshold is 3 months' rent unpaid (for tenancies where rent is paid monthly), both when the notice is served and at the hearing — raised from the previous two-month threshold; and
The notice period is 4 weeks.

The higher threshold and longer notice are designed to give tenants more room to clear arrears before possession proceedings begin. There are also separate discretionary arrears grounds (Grounds 10 and 11) for lesser or persistent arrears, where the court weighs up whether possession is reasonable. (Source: GOV.UK, "Guide to the Renters' Rights Act"; verified July 2026.)

Grounds 1 and 1A — moving in, or selling

These are the grounds most self-managing landlords will reach for when their own circumstances change:

Ground 1 — the landlord or a close family member wants to move into the property.
Ground 1A — the landlord wants to sell the property.

Both come with firm conditions:

4 months' notice to the tenant; and
They cannot be used in the first 12 months of a tenancy — so you can't move a tenant in and then reclaim the property shortly afterwards.

There is also a restriction on re-letting or re-marketing the property for a period (12 months) after using these grounds — the intention being that a landlord can't claim to be selling or moving in and then simply re-let to a new tenant at a higher rent. Misusing these grounds can carry penalties. (Source: GOV.UK, "Guide to the Renters' Rights Act" and "Renters' Rights Act: an overview for landlords"; verified July 2026.)

Plan the timing. Because Grounds 1 and 1A need four months' notice and can't be used in year one, an intended move-in or sale needs planning well ahead — this is no longer something you can arrange at short notice.

The transitional trap for old Section 21 notices

If you served a valid Section 21 notice before 1 May 2026, it doesn't automatically survive. Court proceedings on a pre-commencement Section 21 must be started within the transitional window (proceedings issued by 31 July 2026), or the notice lapses and you'll need to start again under Section 8. If you're relying on an older notice, check the current GOV.UK transitional guidance carefully. (Source: GOV.UK, "Notices of possession served before 1 May 2026"; verified July 2026.)

The other grounds worth knowing

Ground 8 and Grounds 1 and 1A cover the situations most self-managing landlords meet, but Section 8 contains a longer list. In broad terms they fall into two camps:

Mandatory grounds — where, if the ground is made out, the court must order possession. These include the serious rent-arrears ground (Ground 8) and the landlord's own-use and sale grounds (Grounds 1 and 1A), among others.
Discretionary grounds — where the court will only order possession if it considers it reasonable to do so. These include persistent late payment, certain breaches of the tenancy, and anti-social behaviour.

Each ground has its own notice period, and using the wrong one, or citing a ground the facts don't support, is a common reason claims fail. The notice period for a discretionary anti-social behaviour ground, for instance, is much shorter than the four months required for a sale — so the ground you rely on shapes the whole timeline.

Notice periods at a glance

Serious rent arrears (Ground 8): 4 weeks' notice, with 3 months' arrears required.
Landlord moving in (Ground 1) or selling (Ground 1A): 4 months' notice, not usable in the first 12 months.
Other grounds: vary — always check the current GOV.UK guidance for the specific ground before you serve.

Because these periods and thresholds were reset by the Renters' Rights Act, older template notices and guidance you may have used before can be out of date. Work from the current forms.

A word on doing this fairly and calmly

Regaining possession is stressful for everyone involved, and the law now expects landlords to work within a clear framework rather than around it. Serving a correct notice, giving the right amount of time, and keeping good records is not just a legal requirement — it's also what makes the process go smoothly if it does reach court. If a tenant is in difficulty, engaging early (and signposting them to advice) often resolves matters without proceedings at all. Where you do need to act, a methodical, well-documented approach is your best protection.

The process, in outline

Identify a valid ground and confirm the correct notice period for it.
Serve a Section 8 notice stating the ground(s) relied on.
If the tenant doesn't leave by the end of the notice, apply to the court for a possession order.
For a mandatory ground that's proved, the court must grant possession; for a discretionary ground, it decides whether it's reasonable.

Getting the ground, the notice period or the paperwork wrong can mean the claim fails and you have to start over — which is why this is worth taking slowly and, where possible, with professional advice.

Where to read more

The possession rules are part of the wider reset in the Renters' Rights Act. If you're preparing a property for a new tenancy under the new system, the day-one information and safety duties and your ongoing compliance obligations are the practical companions to this.

Information, not legal advice. This is a general overview of the law in England and does not address your particular circumstances — take proper legal advice before serving notice or starting possession proceedings. Dates and figures verified July 2026 against GOV.UK and legislation.gov.uk. England.