Breaking
Section 21 permanently abolished from 1 May 2026 — all possessions now require Section 8 grounds — Form 3A replaces old Form 3 — Ground 8 threshold raised to 3 months arrears
Renters' Rights Act 2025
In force from 1 May 2026

Section 21
is gone.
Here's what
to do next.

The complete plain-English guide to Section 8 evictions — every ground, Form 3A, every mistake to avoid. Free.

No account needed · England only · Updated May 2026

At a glance — what changed 1 May 2026
Section 21 noticesAbolished permanently
Eviction routeSection 8 only
Prescribed formForm 3A (new)
Ground 8 threshold3 months (up from 2)
Median possession wait27 weeks
Typical legal cost£3,000+
Fine for misusing Ground 1AUp to £40,000
Most common mistake
Using the abolished Form 3 instead of the new Form 3A. Courts strike it out with no discretion — you start again from the back of a 27-week queue.
2.3m
Private landlords in England now using Section 8 only
27 wks
Median time from claim to possession — record high
£12,708
Average rent lost per eviction nationally
£3,000
Typical Section 8 possession claim cost
01
The problem

Most landlords have never used Section 8. That's a problem.

Until 1 May 2026, landlords could serve a Section 21 notice to end a tenancy without giving any reason. That route is now permanently abolished — no grandfathering, no grace period, no exceptions.

Every possession claim in England now requires a specific legal ground, the correct form — Form 3A, not the old Form 3 — the right notice period, and solid evidence. One procedural mistake sends you to the back of a 27-week court queue.

RightsGuide exists to make this navigable — without paying £350 an hour for a solicitor.

The mistakes that sink Section 8 cases
01
Using abolished Form 3 instead of new Form 3A
02
Unprotected deposit blocking every ground
03
Wrong notice period — even one day is fatal
04
Only pleading Ground 8 — fails if tenant pays down before hearing
05
Serving notice before gathering the evidence
06
Not naming all tenants on the notice
07
Vague or missing particulars on Form 3A
02
How it works

Three steps to a valid Section 8 notice

01

Describe your situation

Answer plain-English questions about your tenant — rent arrears, wanting to sell, moving back in, anti-social behaviour. No legal knowledge needed. We identify which grounds apply.

02

See which grounds apply

Every applicable Section 8 ground shown — mandatory and discretionary — with notice periods and exactly what evidence you need. Always plead every applicable ground.

03

Get the right documents

Generate a legally compliant Form 3A notice. Download your evidence checklist. Follow the court application walkthrough. Connect to a fixed-fee solicitor if it escalates.

03
What's included

Everything you need in one place

01

All Section 8 grounds explained

Every ground under the RRA 2025 in plain English — mandatory vs discretionary, notice periods, evidence required, and restrictions to watch out for.

02

Form 3A notice generator

The old Form 3 is abolished. We generate the correct Form 3A with your grounds, particulars, and expiry date — what a solicitor charges £350 to produce.

03

Compliance check before serving

Deposit protection, gas safety, EICR, EPC, How to Rent guide. Missing any of these blocks most Section 8 grounds. Check before serving — not after.

04

Timestamped evidence log

Build the paper trail judges need — missed payments, incidents, communications. Most landlords only realise they needed this when the hearing is already scheduled.

05

Court application walkthrough

Step-by-step guide to applying on PCOL, what to include, the £404 court fee, what happens at the hearing, and when to use the High Court for faster enforcement.

06

Fixed-fee solicitor referral

For contested cases or tenant counterclaims, connect to vetted eviction solicitors who receive your complete, organised case file ready to go.

The RRA is now in force. Most landlords still aren't ready.

Section 21 is gone permanently. One mistake on Form 3A — wrong ground, wrong notice period, wrong expiry date — and you start again from the back of a 27-week queue.

27 weeks
Median possession claim wait — longest in over 20 years
£19,223
Average rent lost per eviction in London
£40,000
Maximum fine for misusing Ground 1A (selling)
£350/hr
Typical solicitor rate — vs £29 for a Form 3A here
04
Pricing

Start free. Upgrade when you need to.

Free forever
Free
£0
  • Full Section 8 guide — all grounds
  • Which grounds apply to your situation
  • Compliance checklist
  • 10 mistakes to avoid
  • Step-by-step process overview
Most popular
Monthly
Standard
£15 / month
  • Everything in Free
  • Form 3A notice generator (unlimited)
  • Timestamped evidence log
  • Court application walkthrough
  • Document storage
  • Deadline tracking and reminders
Pay once
Notice only
£29 one-off
  • Single Form 3A notice generated
  • Correct grounds, periods, particulars
  • Downloadable PDF, ready to serve
  • No subscription needed

Cancel anytime · No contract · Saves £350+ vs solicitor notice fee

05
Questions

Common questions

Section 8 is new territory for most landlords. These are the questions we hear most often. The full guide covers everything in detail.

Can I still use Section 21?
No. Section 21 was permanently abolished on 1 May 2026. No new Section 21 notices can be served anywhere in England. If you served a valid one before 1 May 2026 and the notice period hasn't yet expired, transitional arrangements may apply — seek legal advice on your specific situation.
What is Form 3A and why does it matter?
Form 3A is the new prescribed notice form for all Section 8 possession claims in England from 1 May 2026. The old Form 3 is abolished. If you use the wrong form after this date, the court will strike out your notice immediately — you lose all time spent and must start again from scratch.
My deposit isn't protected. Can I still serve notice?
For most Section 8 grounds, no. You must protect the deposit and serve the Prescribed Information before serving the Section 8 notice. Doing both simultaneously does not work. The only exceptions are Ground 7A and Ground 14. Fix the deposit first, then serve notice.
Do I need a solicitor?
Not legally required. Most straightforward cases can be handled without one. RightsGuide is designed for exactly this. For contested cases, tenant counterclaims, or compliance history gaps, we connect you to a fixed-fee specialist.
How long will the whole process take?
Current median time from possession claim to repossession is 27 weeks — the longest in over 20 years. Add your notice period (4 weeks to 4 months depending on your ground) before that clock starts. A contested case realistically takes 7–9 months.
Is this legal advice?
No. RightsGuide provides legal information, not legal advice. We help you understand the law and the process accurately. For complex cases, consult a qualified solicitor. We can connect you to one.
Legal information only — not legal advice. For advice specific to your situation, consult a qualified solicitor.
Section 8 Complete Guide · Renters' Rights Act 2025

Section 8: The Complete Guide for UK Landlords (2026)

Updated May 2026 Covers all RRA changes England only Free to read

What changed on 1 May 2026

Section 21 is abolished permanently. You can no longer serve a "no fault" notice telling a tenant to leave without giving a reason. No grandfathering, no grace period, no exceptions.

Every tenancy is now a Periodic Assured Tenancy. Fixed-term tenancies no longer exist for new lets. All existing ASTs converted on 1 May 2026. There is no "end of fixed term" you can use to ask a tenant to leave.

Section 8 is now your only route. You need a specific ground, the correct form (Form 3A — not the old Form 3), the right notice period, and evidence. If the tenant doesn't leave, you go to court.

The grounds have been expanded. New grounds include Ground 1A (selling), Ground 1B (redevelopment), Ground 7A (mandatory ASB), Ground 8A (repeated arrears), and Ground 4A (student HMOs).

Before anything: the compliance checklist

Check every item before serving any Section 8 notice. A failure on any of these can block your case entirely.

1. Deposit protection. Must be in an approved scheme (DPS, MyDeposits, TDS) and Prescribed Information served within 30 days of receipt. For most grounds, unprotected deposit = case blocked. Fix before serving notice. Exceptions: Grounds 7A and 14 only.

2. How to Rent guide. Must have been given to the tenant at the start of the tenancy. Re-serve if a new version was issued during the tenancy.

3. Landlord database registration. The RRA introduced a PRS Landlord Database. Check current registration requirements at gov.uk.

4. Gas safety certificate. Valid and renewed annually. Not a formal pre-condition for the notice but a criminal offence if absent.

5. EICR. Electrical Installation Condition Report — valid for 5 years.

6. EPC. Valid (10-year validity) and given to tenant at tenancy start.

Mandatory grounds

If you prove a mandatory ground exists, the court must grant possession. The judge has no discretion.

Ground 1 — Landlord or family moving inMandatory4 months' notice

The landlord, their spouse, civil partner, or close family member intends to occupy the property as their principal home. Cannot be used in the first 12 months of the tenancy. Cannot re-let for 12 months after using this ground.

Ground 1A — Selling the propertyMandatory4 months' noticeNew under RRA

The landlord intends to sell with vacant possession. Cannot use in first 12 months. Cannot re-let for 12 months after notice expires. Misusing this ground — evicting then re-letting — carries a fine of up to £40,000.

Ground 1B — RedevelopmentMandatory4 months' noticeNew under RRA

The landlord intends to substantially redevelop or demolish the property. Cosmetic renovation does not qualify. Evidence needed: planning permission, architectural plans, contractor quotes.

Ground 4A — Student HMOsMandatory4 months' notice (expire June–September)New under RRA

Available for properties let to full-time students where the landlord intends to re-let to full-time students. Notice expiry must fall between 1 June and 30 September.

Ground 7 — Deceased tenantMandatory2 months' notice

The tenant has died and the tenancy has passed to someone not entitled to succeed. Periodic tenancies only.

Ground 7A — Serious ASB or criminal convictionMandatory1 month / immediateNew under RRA

The tenant or someone living with them has been convicted of a serious offence, given a civil injunction for ASB, or breached a Criminal Behaviour Order. New mandatory ground — requires a formal legal finding or conviction, not just complaints.

Ground 8 — Serious rent arrearsMandatory4 weeks' notice

The tenant owes at least 3 months' rent (for monthly tenancies). Arrears must meet this threshold both when notice is served AND on the date of the court hearing.

Critical: if the tenant pays enough before the hearing to drop below 3 months, Ground 8 fails entirely. Always plead Grounds 8, 8A, 10, and 11 together. Threshold raised from 2 months under the RRA. Universal Credit delays cannot be counted.

Ground 8A — Repeated serious arrearsMandatory4 weeks' noticeNew under RRA

The tenant has been at least 3 months in arrears on three or more occasions within the past three years. Introduced to address tenants who repeatedly run up arrears then pay them down before a hearing to defeat Ground 8.

Discretionary grounds

For discretionary grounds you must prove the ground exists and persuade the court it is reasonable to grant possession.

Ground 10 — Some rent unpaidDiscretionary4 weeks' notice

Some rent is unpaid at notice and at hearing. No minimum threshold. Use alongside Ground 8 as a backup — survives even if Ground 8 fails.

Ground 11 — Persistent late paymentDiscretionary4 weeks' notice

The tenant has persistently paid rent late, even if currently up to date. Evidence needed: detailed rent account showing every payment date vs due date, going back as far as possible.

Ground 12 — Breach of tenancy agreementDiscretionary2 weeks' notice

The tenant has broken a term of the tenancy agreement (other than a rent obligation). Examples: subletting without permission, keeping pets when prohibited, running a business from the property.

Ground 13 — Property deteriorationDiscretionary2 weeks' notice

The tenant has caused the condition of the property to deteriorate. Evidence needed: dated photographs, check-in inventory, professional inspection reports.

Ground 14 — Anti-social behaviourDiscretionaryImmediate

The tenant has caused or been likely to cause nuisance or annoyance to neighbours or the landlord. Evidence needed: incident diary with dates/times/descriptions, neighbour complaints, police reports, council noise records.

Ground 17 — False informationDiscretionary2 weeks' notice

The tenant gave false information when applying for the tenancy that induced the landlord to grant it. Evidence needed: the application, the false statements, evidence they were false, and evidence you relied on them.

Quick reference table

GroundTypeSituationNotice
Ground 1MandatoryLandlord / family moving in4 months
Ground 1AMandatorySelling the property4 months
Ground 1BMandatoryRedevelopment4 months
Ground 4AMandatoryStudent HMO4 months
Ground 7MandatoryDeceased tenant2 months
Ground 7AMandatorySerious ASB / conviction1 month / immediate
Ground 8Mandatory3+ months rent arrears4 weeks
Ground 8AMandatoryRepeated arrears (3x in 3 yrs)4 weeks
Ground 10DiscretionaryAny rent arrears4 weeks
Ground 11DiscretionaryPersistent late payment4 weeks
Ground 12DiscretionaryBreach of tenancy2 weeks
Ground 13DiscretionaryProperty deterioration2 weeks
Ground 14DiscretionaryAnti-social behaviourImmediate
Ground 17DiscretionaryFalse information2 weeks

Step-by-step: how to use Section 8

1
Identify grounds and gather evidence first
Before touching Form 3A, compile everything you need. For arrears: rent account showing every due date and payment, bank statements. For selling: estate agent instruction or solicitor letter. For ASB: incident diary, complaints, police reports. Do not serve and then gather — you need a complete evidence file ready.
2
Complete Form 3A correctly
Download from gov.uk — not from any other source. Complete every field: every tenant's full name, full property address, all applicable grounds, specific particulars for each ground (exact amounts, dates, facts — not just "rent arrears"), and the correct expiry date calculated from the date of service. If posting, add 2 working days for deemed service.
3
Serve the notice correctly
Hand deliver (immediate service — get a witness), first class post (add 2 working days), or recorded delivery. Serve on every named tenant. Keep a copy of the notice, proof of service, and the date and method. You will need Form N215 (Certificate of Service) to file the court claim.
4
Wait for the notice period to expire
Do not apply to court before the period expires. Keep documenting — especially rent arrears, which must still meet the Ground 8 threshold at the hearing date. If the tenant approaches you to negotiate, get everything in writing.
5
Apply to court via PCOL
Possession Claims Online at gov.uk. Court fee: £404. Include: Form 3A, Form N215 (Certificate of Service), tenancy agreement, evidence file, and grounds relied on. Current median wait: 27 weeks. Use this time to continue building your evidence.
6
The hearing
Present evidence to a judge. If relying on Ground 8, confirm arrears still meet the 3-month threshold on the hearing date — if they've fallen below, tell your solicitor before the hearing. A possession order typically gives the tenant 14–28 days to leave.
7
Enforcement if the tenant still doesn't leave
Apply for a warrant of possession (county court bailiffs, £148) or transfer to the High Court for faster enforcement (days not weeks, available where arrears exceed £600, required above £5,000).

The 10 mistakes that sink Section 8 cases

Mistake 1
Using the old Form 3 after 1 May 2026
The old form is abolished. Courts strike it out with no discretion. Always use current Form 3A from gov.uk. Check the publication date on the form itself.
Mistake 2
Unprotected deposit
If the deposit is not protected and Prescribed Information not served, you cannot proceed on most grounds. Fix the deposit first, then serve notice. Doing both simultaneously does not work.
Mistake 3
Wrong notice period or expiry date
Each ground has its own notice period. The expiry date is calculated from the date of service — add 2 working days if posting. An error of one day can be fatal.
Mistake 4
Only pleading Ground 8 and relying on it solely
Ground 8 fails if arrears fall below 3 months before the hearing. Always plead Grounds 8, 8A (if applicable), 10, and 11 together.
Mistake 5
Not naming all tenants on the notice
Every person named on the tenancy agreement must be named on the notice. A joint tenancy where only one tenant is named renders the notice invalid.
Mistake 6
No evidence of service
If you cannot prove the notice was served correctly, the court application fails. Keep proof of postage or get a witness. Complete Form N215 accurately.
Mistake 7
Vague or missing particulars on Form 3A
"Rent arrears" is not sufficient. State exact amounts, specific dates, and specific facts. Vague particulars are a common reason for adjournments.
Mistake 8
Not gathering evidence before serving
Many landlords serve notice and then try to gather evidence. Compile your complete evidence file before serving.
Mistake 9
Misusing Ground 1A (selling)
Evicting on Ground 1A then re-letting instead of selling carries a fine of up to £40,000. Only use this ground if you genuinely intend to sell.
Mistake 10
Accepting rent in a way that waives the notice
The position on accepting rent after serving notice is complex. If in doubt about any payment, take advice before accepting.

Evidence: what to keep from day one

  • Rent records. Every due date, amount due, and payment received with the date it was received. A bank statement alone is not enough.
  • All communications. Every email, text, WhatsApp, and letter. Do not delete anything. Follow up phone calls in writing.
  • Inspection records and photos. Date-stamped photographs from every visit. A signed inventory from the start of the tenancy.
  • Incident log. For ASB cases: date, time, what happened, who witnessed it, what you did. Contemporaneous records are far more persuasive.
  • Compliance documents. EPC, gas safety certificate, EICR, How to Rent guide, deposit protection certificate, and Prescribed Information — all with evidence they were given to the tenant.

Frequently asked questions

Can I still use Section 21?

No. Permanently abolished on 1 May 2026. If you served a valid one before 1 May 2026 and the period hasn't expired, transitional arrangements may apply — seek advice.

What if my tenant pays off the arrears after I serve notice?

The notice remains valid. However, for Ground 8, if arrears fall below 3 months by the hearing date, Ground 8 fails. Grounds 10 and 11 may still succeed — which is why you must always plead all three together.

What if the tenant makes a counterclaim?

Counterclaims — for example, arguing the property is in disrepair — turn a straightforward case into complex litigation. If you receive notification of a counterclaim, get legal advice immediately.

How long will the whole process take?

Current median time from possession claim to repossession: 27 weeks. Add your notice period (4 weeks to 4 months) before that. A contested case from first notice to physical possession realistically takes 7–9 months.

Summary: the Section 8 process at a glance

  1. Check compliance — deposit, documents, gas cert, EICR, EPC
  2. Identify which grounds apply to your situation
  3. Gather all evidence before serving notice
  4. Download current Form 3A from gov.uk
  5. Complete every field including full, specific particulars
  6. Calculate the correct notice period from the date of service
  7. Serve on every named tenant — keep proof
  8. Wait for the notice period to expire
  9. Apply to court via PCOL (£404 fee) with evidence file and Form N215
  10. Attend the hearing
  11. Apply for warrant if tenant doesn't leave after the possession order
Legal disclaimer: This guide provides general legal information about Section 8 possession proceedings in England under the Renters' Rights Act 2025. It does not constitute legal advice. Laws and procedures can change — always verify current requirements on gov.uk. Last updated May 2026.

Need Form 3A generated for your situation?

From £29, or included in the Standard plan.

Legal information only — not legal advice. For advice specific to your situation, consult a qualified solicitor.