Section 21 vs Section 8: a plain-English guide for landlords

Until recently, landlords in England had two main routes to end a tenancy: Section 21 and Section 8. Section 21 was the simpler one — no reason needed, just give notice and wait. Section 8 required a specific ground, like rent arrears or a breach of the tenancy agreement.

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025 and changed this landscape. Section 21 was abolished on 1 May 2026, fixed-term tenancies ended on the same day, and the Section 8 grounds were rewritten. This guide explains what that means for landlords in England.

Quick summary

If you're a landlord in England and you need to end a tenancy, Section 21 is no longer available. Section 8 is now the only legal route to recover a property.

Two other changes sit alongside this. All private assured tenancies are now periodic — there are no new fixed terms, and existing fixed terms converted to periodic tenancies on 1 May 2026. And tenants can end a tenancy themselves by giving 2 months' notice at any time.

Note on Scotland and Wales: This post covers England only. Scotland's private rented sector is governed by the Private Housing (Tenancies) (Scotland) Act 2016, which introduced the Private Residential Tenancy and already abolished "no-fault" evictions in Scotland. Wales has its own framework under the Renting Homes (Wales) Act 2016. Landlords in Scotland or Wales should refer to the relevant national legislation.

What Section 8 is — and how it works

Section 8 of the Housing Act 1988 allows a landlord to end a tenancy by serving a notice on the tenant, citing one or more of the statutory grounds for possession. If the tenant doesn't leave voluntarily, you apply to the court for a possession order.

Grounds fall into two categories. The list below covers the grounds most private landlords meet, as set out in the government's guidance updated on 1 May 2026; there are further grounds for social landlords, employers, universities and supported housing.

Mandatory grounds (the court must grant possession if the ground is proven):

• Ground 1 — you or a close family member need to move in. 4 months' notice. Cannot be used in the first 12 months of a tenancy.
• Ground 1A — you intend to sell the property. 4 months' notice. Cannot be used in the first 12 months, and you cannot re-let or market the property for 12 months after using it.
• Ground 2 — your mortgage lender is repossessing and needs to sell. 4 months' notice.
• Ground 6 — redevelopment of the property. 4 months' notice.
• Ground 7A — severe antisocial or criminal behaviour (a relevant conviction or injunction breach). No notice period, though the court cannot order possession within 14 days of notice.
• Ground 8 — serious rent arrears. The tenant must owe at least 3 months' rent (or 13 weeks' rent if they pay weekly or fortnightly) both on the day you serve notice and on the day of the hearing. Arrears caused by an unpaid Universal Credit award do not count. 4 weeks' notice.

Discretionary grounds (the court decides whether possession is reasonable):

• Ground 10 — any rent arrears, however small. 4 weeks' notice.
• Ground 11 — persistent late payment, even if nothing is owed at the hearing. 4 weeks' notice.
• Ground 12 — breach of a term of the tenancy. 2 weeks' notice.
• Ground 13 and Ground 15 — the tenant has let the property or the furniture deteriorate. 2 weeks' notice.
• Ground 14 — nuisance or antisocial behaviour. No notice period, but the court cannot order possession within 14 days of notice.
• Ground 17 — the tenancy was obtained by a false statement. 2 weeks' notice.

For most landlords dealing with a tenant who won't pay rent, Ground 8 is the one that matters, usually pleaded alongside Grounds 10 and 11. Once the 3-month (or 13-week) threshold is met at both dates, the ground is mandatory — the court must grant possession if it is established.

What changed with the Renters' Rights Act 2025

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. The government's implementation roadmap brought the main tenancy reforms into force in one step on 1 May 2026, for new and existing private tenancies alike. The remaining parts of the Act are being phased in over the following years.

In force since 1 May 2026:

• Section 21 abolished — landlords can no longer issue a no-fault eviction notice in England. Section 8 is now the sole route to recover a property.
• Fixed terms abolished — all assured tenancies are periodic, and tenants can leave on 2 months' notice.
• Reformed possession grounds — the list above, including the new 12-month protected period for moving in or selling, and the higher Ground 8 arrears threshold.
• Rent increases — once a year, using a section 13 notice with at least 2 months' notice. Tenants can challenge the increase at the First-tier Tribunal, and rent review clauses in tenancy agreements no longer work.

Still to come, according to the roadmap:

• Private rented sector database — roll-out begins from late 2026, with landlord registration first and public access later.
• Landlord ombudsman — mandatory membership is expected in 2028.
• Decent Homes Standard for private rentals — proposed to come into force in 2035 or 2037, subject to consultation.
• Awaab's Law for private rentals — the Act allows it, but the government has said it will consult on the detail and timescales.
• Social rented sector — the tenancy reforms are planned to extend to social landlords in 2027.

Why this matters for compliance more broadly

Here's the practical connection: you may have heard that serving a valid Section 21 notice required certain preconditions to be in place — a valid EPC, a valid gas safety certificate, the How to Rent guide, deposit protection, and so on. A Section 21 notice could not be validly served if any of them were missing.

With Section 21 gone, those documents no longer act as a gateway to a no-fault notice, because there is no no-fault notice. But two things are still true:

• Deposit protection still affects possession. GOV.UK's guidance for landlords repossessing on or after 1 May 2026 says a court will only grant a possession order if the tenant's deposit was protected in a government-approved scheme and you gave them the prescribed information, or you have returned the deposit in full (or less agreed deductions), or the tenant has already challenged you in court over the deposit. These rules do not apply to Grounds 7A and 14. Check your deposit paperwork before you serve any Section 8 notice.
• Gas safety, EICR and EPC remain legal duties in their own right. Failing them can lead to fines, enforcement action and tenant claims, regardless of whether you are seeking possession.
• The How to Rent guide was withdrawn on 1 May 2026. It is kept only for tenancies where a Section 21 notice was served before that date. New tenancies follow the government's guidance on assured periodic tenancies instead.

In practice: keep your gas safety, EICR, EPC and deposit protection paperwork current and in order at all times — not because they unlock a Section 21, but because they are independently required by law, and because a tidy compliance file makes any Section 8 claim easier to run.

When to get legal advice

Section 8 possession proceedings are court proceedings. If you're at the point of needing to evict a tenant — particularly on discretionary grounds, or where the tenant is defending the claim — get professional advice. A letting agent, a solicitor, or a housing law specialist will be able to advise on whether your grounds are well-evidenced and how to present your case.

The court process for Section 8 can take several months, particularly if the tenant contests it or requests an adjournment. Plan accordingly.

Don't let compliance catch you out

Whether you're dealing with rent arrears, a property you need back, or a tenant whose circumstances have changed, good record-keeping makes every stage of a potential Section 8 process smoother. LandlordsDiary tracks all your compliance certificates in one place, so one less thing to worry about when things get complicated.

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This guide was reviewed against GOV.UK's possession grounds guidance and the Renters' Rights Act implementation roadmap on 10 October 2026. It is general information, not legal advice. For advice on your specific situation, consult a qualified solicitor or housing law specialist.