For thirty-eight years, Section 21 was the route most landlords used to end a tenancy. No reason required, no hearing in most cases, and a relatively predictable timeline.
That ended on 1 May 2026. This guide explains what replaced it, and what possession now involves in practice.
What happened to the transitional deadline
Notices served before 1 May 2026 stayed alive for a short window. To rely on one, landlords had to have proceedings issued at court by 31 July 2026 — not drafted, not posted, issued.
That window has now closed. If you held a Section 21 notice and did not issue in time, it is unenforceable. The same applied to Section 8 notices served under the old rules.
If that is your position, you are not stuck — but you are starting again under the new system, which is what the rest of this guide covers.
How possession works now
Three things changed at once, and together they reshaped the process.
- You need a reason. Every claim rests on a statutory ground under Section 8. No general no-fault route exists.
- Every claim needs a hearing. The accelerated paper-only procedure that supported Section 21 is gone. A judge sees every case.
- Evidence decides outcomes. Grounds must be proved. Your records are the case.
The practical effect is that possession takes longer, costs more, and depends far more on how well you have documented the tenancy.
The grounds landlords use most
Selling the property (Ground 1A)
Available where you intend to sell with vacant possession. Cannot be used in the first 12 months of a tenancy, and requires four months’ notice.
If you serve on this ground and then do not sell, re-letting within a restricted period can expose you to penalties. Do not use it as a workaround.
Moving in yourself or family (Ground 1)
Now covers the landlord and a wider group of family members, including children. Same restrictions as selling: not in the first 12 months, four months’ notice.
Rent arrears (Ground 8)
The mandatory arrears ground, but the thresholds changed. The arrears requirement rose and the notice period lengthened, so a tenant has more opportunity to clear the debt before a hearing.
In practice this means arrears cases move slower than they used to. Acting early matters more.
Anti-social behaviour (Grounds 7A and 14)
These remain available and, notably, are the grounds that survive even where a landlord has fallen foul of certain other restrictions. Evidence is everything — dated logs, correspondence, complaints from neighbours.
What actually determines whether you win
Under Section 21, compliance failures could be fixed and a fresh notice served. Under Section 8, with a hearing every time, weaknesses surface in front of a judge.
The things that decide cases:
- Deposit protection — protected in time, prescribed information served
- Gas safety certificate — current, and served before the tenancy began
- EICR — in date
- EPC — valid and provided
- Rent records — a clear, dated schedule showing exactly what was owed and when
- Correspondence — evidence you raised the issue and gave the tenant a chance to put it right
A landlord with clean records and a valid ground is in a strong position. A landlord with a genuine grievance and no paperwork is not.
What to do differently from now on
- Think about exit at the start. The 12-month restriction on the sale and family grounds means your options are shaped from day one.
- Keep a rent schedule, not a memory. Dated, itemised, exportable.
- Put everything in writing. A phone call about arrears is not evidence. A follow-up email is.
- Diarise every certificate. An expired EICR is now a possession problem, not just a compliance one.
- Inspect and record. Periodic inspections with dated notes and photos build the evidence base before you need it.
- Act early on arrears. Longer notice periods mean waiting costs you months.
Frequently asked questions
Can I still serve a Section 21 notice?
No. No new Section 21 notice has been valid since 1 May 2026, and the window for using old ones closed on 31 July 2026.
My tenancy agreement still says “assured shorthold” — does that matter?
No. Conversion happened automatically in law on 1 May 2026 regardless of what the paperwork says. You do not need to reissue agreements, but you did need to give existing tenants the government Information Sheet by 31 May 2026.
How long does possession take now?
Longer than under Section 21, and it varies by ground and by court. Between the notice period and waiting for a hearing date, plan in months rather than weeks.
Can I use a break clause instead?
No. Fixed terms and break clauses no longer operate in the private rented sector in England, including in agreements signed before the change.
What if the tenant simply refuses to leave?
You need a possession order, and if that is not complied with, county court or High Court bailiffs. Never attempt to remove a tenant yourself — that is an illegal eviction and a criminal offence.
- Section 21 abolished 1 May 2026
- Transitional window closed 31 July 2026
- All possession now via Section 8 grounds
- Every claim needs a hearing — no accelerated route
- Sale and family-occupation grounds locked for 12 months
- Records decide outcomes — certificates, rent schedules, correspondence
Related Articles
- Landlord compliance deadlines 2026–2030
- The PRS Database explained
- Can landlords refuse to renew a tenancy?
- Does Awaab’s Law apply to private landlords?
- The £7,000 Information Sheet deadline
- Rent increase tribunal: the evidence that actually wins
- Section 21 gas safety ruling — Supreme Court appeal granted
- Ground 4A — student HMO possession explained
RentalReadyUK produces plain-English compliance guides for private landlords in England, written against primary sources. This article is general information and not legal advice. Possession proceedings are fact-specific and time-critical — take advice from a solicitor on your own circumstances.