Section 21 is abolished
From 1 May 2026 (Renters' Rights Act 2025, Phase 1), no-fault evictions via Section 21 are no longer available. All possession proceedings must go through Section 8.
Section 8 — the basics
A Section 8 notice must be served using Form 3A (the prescribed form under RRA 2025). The old Form 3 is no longer valid. You must state the specific grounds you are relying on and fully explain why each ground applies — incomplete notices risk being dismissed by the court.
Deposit protection pre-condition
The court will not grant a possession order unless your tenant's deposit is either protected in a government-approved scheme or has been returned in full. The only exceptions are Grounds 7A and 14 (serious antisocial behaviour). Check your deposit is protected before filing with the court.
Notice periods under RRA 2025
| Ground | Type | Notice period |
|---|---|---|
| Ground 1 (landlord/family to occupy) | Mandatory | 4 months |
| Ground 1A (landlord intends to sell) | Mandatory | 4 months |
| Ground 7A (serious antisocial/criminal) | Mandatory | Immediate (14-day court wait) |
| Ground 8 (3+ months rent arrears) | Mandatory | 4 weeks |
| Ground 10 (any rent arrears) | Discretionary | 4 weeks |
| Ground 11 (persistent late payment) | Discretionary | 4 weeks |
| Ground 12 (tenancy breach) | Discretionary | 2 weeks |
| Ground 13 (property deterioration) | Discretionary | 2 weeks |
| Ground 14 (antisocial behaviour) | Discretionary | Immediate |
| Ground 17 (false statement) | Discretionary | 2 weeks |
Key restrictions
- Grounds 1 and 1A — cannot be used within the first 12 months of a tenancy
- Ground 1 — prior notice of this ground must have been given to the tenant at the start of the tenancy
- Ground 8 — arrears caused solely by Universal Credit payment delays are excluded from the threshold calculation
- Mandatory grounds — the court must grant possession if the ground is proven. Discretionary grounds give the judge latitude to refuse if eviction is not reasonable.
Disclaimer: This is a summary for information only. Always take legal advice before serving a notice.
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