The eviction process after Section 21: a landlord's guide to Section 8

General information only — not legal advice. If you are considering possession proceedings, consult a solicitor or an accredited landlord association.

Section 21 is gone. Since 1 May 2026, landlords in England can no longer serve a “no-fault” notice on an assured tenancy, and any Section 21 notice that was not used to start court proceedings by 31 July 2026 can no longer be relied upon. If you need to regain possession of your property, Section 8 is now the only route — and it is slower, more document-dependent, and harder to win than what came before.

This guide explains how Section 8 works under the Renters’ Rights Act 2025, which grounds are most useful, what the process costs, and — crucially — why getting tenant selection right at the start is still your single best protection.

What is a Section 8 notice?

A Section 8 notice is a formal written notice served on a tenant under Section 8 of the Housing Act 1988. Unlike the old Section 21, you cannot serve it on a whim: you must state a specific legal ground, and you must be able to prove it. If the tenant does not leave voluntarily, you apply to court, and the court either grants or refuses possession depending on whether the ground is made out — and, for discretionary grounds, whether it considers eviction reasonable.

The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, and the bulk of its private-tenancy reforms came into force on 1 May 2026. The Act did not abolish Section 8 — it reformed it substantially, reclassifying grounds, extending notice periods, and raising the rent-arrears bar.

Mandatory vs discretionary grounds: what is the difference?

Mandatory grounds mean the court must award possession if you prove the ground is met. There is no judicial discretion.

Discretionary grounds mean the court may award possession if it is satisfied that doing so is reasonable in all the circumstances. The judge weighs up the tenant’s situation, the landlord’s conduct, and any mitigating factors. You can win — but it is not guaranteed even with good evidence.

Knowing which category applies is critical before you serve anything.

The most important grounds for private landlords

The grounds you are most likely to use as a self-managing landlord are:

Ground 8 — Mandatory rent arrears (4 weeks’ notice). The tenant must owe at least 3 months’ rent (for monthly tenancies) or 13 weeks’ rent (for weekly/fortnightly tenancies) both on the date the notice is served and on the date of the court hearing. Both dates matter — if the tenant pays down enough before the hearing to fall below the threshold, you cannot rely on this ground. Note also: any arrears that exist only because a Universal Credit award the tenant was entitled to had not yet been paid must be disregarded. The 3-month threshold is up from the previous 2-month bar.

Ground 10 — Any rent arrears (4 weeks’ notice, discretionary). Covers outstanding arrears below the Ground 8 threshold. The court decides whether possession is reasonable. Often served alongside Ground 8 on the same notice.

Ground 11 — Persistent late payment (4 weeks’ notice, discretionary). Applies even if the tenant is not currently in arrears, provided there is a pattern of late payment. Keep dated payment records from day one.

Ground 1 — Landlord or close family member wishes to move in (4 months’ notice). Mandatory, but cannot take effect within the first 12 months of the tenancy. After using it, you cannot re-let or market the property for 12 months.

Ground 1A — Landlord wishes to sell (4 months’ notice). Also mandatory, also unavailable until after the first 12 months, with the same 12-month re-let restriction.

Ground 14 — Anti-social behaviour (proceedings can begin immediately, discretionary). No waiting period before you can issue, but you need solid evidence: noise logs, police reports, witness statements. The court will still decide whether possession is reasonable.

Ground 7A — Serious ASB or relevant criminal conviction (proceedings can begin immediately, mandatory). Reserved for convictions for serious listed offences or serious anti-social acts.

For both Ground 14 and Ground 7A, although you can issue proceedings immediately, a possession order cannot take effect until at least 14 days after the notice was served.

The possession process, step by step

1. Serve the Section 8 notice. Since 1 May 2026 you must use the new Form 3A (available from gov.uk) — the old Form 3 is no longer valid. State the ground(s), the relevant notice period, and the earliest date proceedings may begin. Keep a copy and proof of service.

2. Wait out the notice period. Many tenants leave at this stage. Do not rush to court prematurely — acting before the notice period expires makes the claim invalid.

3. Issue a possession claim at the county court. Fee: £404. File Form N5 (Claim for Possession) and Form N119 (Particulars of Claim), with supporting evidence and proof of service of the notice.

4. Attend the hearing. The court sets a date. As a rough guide, courts aim to list a hearing roughly 8 weeks after the claim is issued, but backlogs mean waits are often longer.

5. Obtain the possession order. If the court finds in your favour, it issues an order. Tenants are usually given 14 days to vacate, though a judge can extend this to a maximum of 42 days (six weeks) where leaving sooner would cause exceptional hardship.

6. Apply for a warrant of possession if needed. Fee: £148. This authorises county court bailiffs to attend and enforce vacant possession. Bailiff appointment waits vary considerably by region and can run to several months.

7. Consider High Court enforcement. You can apply to transfer enforcement to the High Court, which can be faster, but this requires the court’s permission and adds cost.

Realistic timeline for an uncontested rent-arrears claim: several months from notice to enforced possession; contested claims can run considerably longer.

Minimum court fees: £552 (£404 claim + £148 warrant). Add solicitor fees — commonly several hundred to over a thousand pounds for a straightforward uncontested case — and the real-world cost is well over £1,000 before any lost rent.

What the Renters’ Rights Act changed that landlords often miss

• The mandatory rent-arrears bar is now 3 months, not 2. A tenant who pays down enough before the hearing to drop below the threshold forces you onto the discretionary Ground 10 — a weaker position.
• A Universal Credit delay can defeat Ground 8. Arrears that exist only because an entitled tenant had not yet received a Universal Credit payment must be disregarded when applying the threshold.
• A Breathing Space moratorium pauses arrears proceedings. If a tenant enters a Debt Respite Scheme (Breathing Space) moratorium, you generally cannot start or continue possession proceedings on the rent-arrears grounds (8, 10 or 11) during that period without the court’s permission.
• The first 12 months are protected from the move-in and sell grounds. Grounds 1 and 1A cannot take effect until a tenancy has run for 12 months, and there is a 12-month ban on re-letting or marketing the property after using them.
• No more fixed terms to fall back on. Assured tenancies are now periodic. There is no end-of-fixed-term route to possession — every route goes through a stated ground.

Why the front end matters more than ever

The hard truth is this: every stage of the Section 8 process costs you time and money you cannot always recover. Court fees are fixed. Solicitor fees accrue. Lost rent during a months-long possession claim is simply gone. Combining lost rent, legal fees, re-referencing and a re-let void, the cost of evicting a non-paying tenant can easily run into several thousand pounds.

The only reliable way to keep those costs theoretical rather than real is to take referencing seriously before you hand over the keys. A full tenant reference — covering credit history, employment verification, landlord references, and affordability checks — surfaces the risk before it becomes your problem. You can compare what a proper reference includes versus a basic credit check. It is not a guarantee, but it is one of the highest-return investments a landlord can make.

If you are managing properties without a letting agent, it is also worth understanding your wider legal obligations as the Renters’ Rights Act beds in — notice forms, deposit rules, and the new periodic tenancy structure all carry penalties for non-compliance.

A final word

Section 8 is not a quick fix. It is a court process with mandatory waiting periods, fees at every stage, and a judiciary under significant pressure. The best eviction is the one you never need to start. Vet applicants thoroughly, keep records from day one, and act early on any payment issues — a politely firm letter at week two of arrears is far cheaper than a court claim at week ten. If you are unsure about any step, seek advice from a solicitor or a landlord association before you act.

Ready to reduce the risk before a tenancy starts? See PropertyGoose referencing and our pricing.