Life after Section 21: the new possession grounds, in plain English

Section 21 ended on 1 May 2026. Every possession route now runs through Section 8: you need a ground, you need to give the right notice period for that ground, and if the tenant doesn't leave you apply to court and prove it. There is no longer a version of this where you don't have to explain yourself.

Mandatory versus discretionary

Mandatory grounds mean the judge must grant possession if you prove the ground. Discretionary grounds mean the judge decides whether eviction is reasonable, even when your evidence stands up. You can rely on more than one ground in the same notice, and most experienced landlords do.

The grounds most private landlords will actually use

• Ground 1 - you or a close family member moving in. Mandatory, 4 months' notice, and it cannot take effect in the first 12 months of the tenancy.
• Ground 1A - you're selling. Mandatory, 4 months' notice, same 12-month protected period.
• Ground 6 - redevelopment or demolition the tenant can't live through. Mandatory, 4 months' notice.
• Ground 8 - serious rent arrears. Mandatory, 4 weeks' notice, and the arrears threshold is now at least 3 months' rent (13 weeks if rent is paid weekly or fortnightly).
• Grounds 10 and 11 - any arrears, and persistent late payment. Discretionary, 4 weeks' notice.
• Grounds 12, 13, 15 and 17 - breach of the agreement, damage to the property, damage to furniture, and false statements. Discretionary, 2 weeks' notice.
• Ground 14 - antisocial behaviour. Discretionary, no notice period: you can apply to court immediately, though the court cannot make an order until 14 days after notice was given.
• Ground 4A - student HMOs needed for the next academic year. Mandatory, 4 months' notice, and only if you gave the tenants prior notice at the start.

The 12-month protected period, precisely

For grounds 1 and 1A you can serve notice during the first 12 months of a tenancy - what you cannot do is have that notice expire inside the 12 months. In practice, on a tenancy that started four months ago, a four-month notice would expire too early, so you'd have to give longer. It's a common misreading: the restriction is on the expiry date, not the service date.

Ground 8 is not the certainty it used to be

The threshold rose from two months to three, and the notice period rose from two weeks to four. The tenant must be at or above the threshold both when you serve notice and at the hearing - so a part payment on the courthouse steps can end the claim. Arrears caused by an outstanding Universal Credit payment don't count towards the threshold either. If the arrears might drop, plead grounds 10 and 11 alongside it.

The paperwork that decides the case before the hearing

• Use Form 3A - the section 8 notice of possession - and set out the full substance of each ground and why you say it applies. Incomplete or inaccurate notices get claims dismissed or delayed.
• Get the deposit position right first: for almost every ground (antisocial behaviour aside), the court cannot make a possession order unless the deposit was protected and the prescribed information served, or the deposit has been returned.
• Check whether the ground needs 'prior notice' given at the start of the tenancy - grounds 4A, 5C and the superior-lease grounds do.
• Bring your evidence: rent statements, the estate agent instruction if you're selling, photographs, witness statements. The court will not take the ground on trust.

What it costs and how long it takes

A possession claim currently costs £415 to issue, with a further £148 for a warrant of possession if a bailiff is needed. On a mandatory ground the order usually requires the tenant to leave within 14 days, extendable to six weeks in cases of exceptional hardship. And separately: rent repayment orders now reach up to two years' rent, so a landlord who seeks possession while sitting on their own unresolved breaches can end up worse off than when they started.

Sources: GOV.UK 'Grounds for possession: guidance for landlords and letting agents' (updated 1 May 2026) · GOV.UK 'Repossessing your privately rented property after 1 May 2026' (updated 13 July 2026) · GOV.UK 'Renters' Rights Act: an overview for landlords'. General information, not legal advice, as at August 2026 - take legal advice before starting a possession claim.