Since 1 May 2026, the way landlords end tenancies in England has changed more dramatically than at any point in the last three decades. The old Section 21 “no-fault” eviction process is gone, and every possession claim now requires a specific legal reason under Section 8 of the Housing Act 1988. I’ve been following tenancy law changes for years, and this is the single biggest shift I’ve seen — it rewrites the rulebook for how you give notice, how long you wait, and what grounds you can actually use. Here’s what you actually need to know.
If you’re a landlord trying to navigate this new landscape, the first thing to understand is that you can no longer evict a tenant without giving a reason. Every possession claim must now cite at least one of the grounds listed under Section 8. That means your tenancy documentation and deposit paperwork need to be watertight before you even think about serving notice. A court will only grant a possession order if you’ve protected the deposit in a government-approved scheme and given the tenant the prescribed information. If you haven’t done that, the case won’t proceed.
What the Section 8 notice process actually looks like now
The core change is straightforward but the implications are not. Under the old system, a Section 21 notice let you regain possession without stating a reason, provided you followed the correct procedure. That route no longer exists. Instead, you must issue a Section 8 notice using one or more of the prescribed grounds for possession. The notice period you give depends entirely on which ground you’re using.
For most mandatory grounds — like wanting to sell the property (Ground 1A) or having a family member move in (Ground 1B) — the notice period is four months. And crucially, you cannot serve these grounds at all during the first 12 months of the tenancy. That protected period is a hard barrier. If you need to sell or move in within the first year, you’re stuck until the 12-month mark passes.
For rent arrears, the picture is different. If a tenant owes at least three months’ rent at both the notice date and the court hearing, you can use Ground 8 with just four weeks’ notice. But if they owe less than three months, the court has discretion — it may decide the tenant can stay. That’s a significant risk. What I’d do in that situation is keep meticulous records of every missed payment and serve notice under Ground 10 (some rent arrears) or Ground 11 (persistent late payment) as a backup, because those discretionary grounds give the court more flexibility.
Anti-social behaviour is the one area where the law moves fast. For serious cases under Ground 7A or Ground 14, you can apply to court immediately — no notice period at all in the most extreme situations. That’s a powerful tool, but you’ll need strong evidence. Local councils also have new powers to investigate and act on landlord misconduct, so the scrutiny goes both ways.
Why the new notice periods matter for your bottom line
The practical consequence of these changes is that eviction now takes longer and costs more. Under the old Section 21 system, a straightforward possession claim could take around four to six months from notice to bailiff. Under the new Section 8 regime, the four-month notice period alone is longer than the entire old process for some cases. Add court delays and the total timeline can stretch to eight months or more.
Consider this scenario: you inherit a property and want to sell it. Under Ground 1A, you must wait 12 months from the start of the tenancy before you can even serve notice. Then you give four months’ notice. Then you apply to court if the tenant hasn’t left. That’s potentially 16 months before you can complete a sale. If you’re relying on that sale to release equity or fund another purchase, the delay is significant.
There’s also a demographic angle worth noting. The new rules apply to all assured tenancies in England, but student lets have a specific carve-out. Ground 4A allows you to evict full-time students on a joint contract in a house in multiple occupation (HMO) to relet to students in the new academic year, provided you gave notice at the start of the tenancy. That’s a useful exception, but it doesn’t cover purpose-built student accommodation.
What I tend to notice is that landlords who previously relied on Section 21 as a safety net are now realising how much preparation matters. If your tenancy agreement is vague, your deposit isn’t protected, or you haven’t given the tenant the Renters’ Rights Act Information Sheet by 31 May 2026, you’ve already lost the ability to use the court system effectively. The financial planning around your rental income now has to account for much longer possession timelines.
Where landlords get the notice process wrong
The most common mistakes I see fall into predictable patterns. Each one can derail a possession claim entirely, forcing you to start from scratch.
Serving the wrong notice period for the ground used
This is the biggest trap. If you serve a four-week notice on Ground 1A (sale of property), the notice is invalid. The court will reject it, and you’ll have to start over. The table below shows the correct notice periods for the most commonly used grounds. Get this wrong and you’ve wasted months.
→ Scroll right to see all columns
| Ground | Reason | Notice period | Protected period? |
|---|---|---|---|
| 1 | Landlord or family member wants to live in the property | 4 months | Yes (12 months) |
| 1A | Landlord intends to sell the property | 4 months | Yes (12 months) |
| 1B | Family member wants to move into the property | 4 months | Yes (12 months) |
| 8 | At least 3 months’ rent arrears | 4 weeks | No |
| 7A | Serious anti-social behaviour | 4 weeks | No |
Ignoring the deposit protection requirement
A court will only grant a possession order if you’ve protected the tenant’s deposit in a government-approved scheme and given them the prescribed information. If you haven’t, the case stops. Full stop. There’s no workaround. If you’re in this position, the only fix is to protect the deposit immediately and provide the information, then wait for any challenge to be resolved before you can proceed with possession. That can add months to your timeline.
Attempting to use no-fault grounds during the protected period
You cannot serve notice on Grounds 1, 1A, or 1B within the first 12 months of a tenancy. I’ve seen landlords try to argue that their circumstances are exceptional — they need to sell urgently, or a family member has fallen ill. The law doesn’t make exceptions. The protected period is absolute. If you need possession within the first year, your only options are grounds like rent arrears (Ground 8) or anti-social behaviour (Ground 7A), provided the facts support them.
Failing to give the Renters’ Rights Act Information Sheet
If you have a written tenancy agreement, you must give the tenant the official information sheet by 31 May 2026. If the tenancy is based entirely on a verbal agreement, you must provide written information about the key terms by the same date. Failure to do this doesn’t just risk a rent repayment order — it also weakens your position in any possession claim, because the court will want to see that you’ve complied with all procedural requirements.
What I’d do if I were advising a landlord right now is run a full compliance audit before serving any notice. Check the deposit, check the information sheet, check the tenancy agreement, and check the notice period. One mistake and the whole process collapses. If you’re unsure about any step, it’s worth getting professional advice on your specific situation before you serve anything.
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How to serve a valid Section 8 notice under the new rules
The process has several steps, and each one must be followed precisely. Here’s the sequence I recommend.
Confirm you have a valid ground and the correct notice period
Before you do anything, identify which ground or grounds apply to your situation. If you’re using a mandatory ground like Ground 1A (sale), check that the 12-month protected period has passed. If you’re using Ground 8 (rent arrears), confirm the tenant owes at least three months’ rent at both the date you serve notice and the date of any court hearing. If the arrears drop below three months before the hearing, the ground fails.
For rent arrears, the process is: calculate the total arrears, confirm they meet the three-month threshold, serve a Section 8 notice citing Ground 8 with four weeks’ notice, and if the tenant doesn’t leave, apply to court for a possession order. The court will check the arrears at both points. If the tenant pays down the arrears to below three months before the hearing, the mandatory ground no longer applies — but you can still rely on discretionary grounds like Ground 10 or Ground 11.
Prepare and serve the Section 8 notice correctly
The notice must be in writing, state the ground or grounds you’re relying on, and give the correct notice period. Use Form 3 (the prescribed form for Section 8 notices) to avoid technical defects. Serve it by hand, recorded delivery, or email if the tenancy agreement allows it. Keep proof of service — a signed receipt, a delivery confirmation, or a read receipt. Without proof, the tenant can argue they never received it, and the court may reject the claim.
- 1Confirm the ground and protected periodCheck that the ground applies to your situation and that any protected period (e.g. 12 months for Grounds 1, 1A, 1B) has expired. For Ground 8, verify the tenant owes at least three months’ rent at the notice date.
- 2Complete Form 3 (Section 8 notice)Fill in the prescribed form with the correct ground, notice period, and date. Attach any supporting evidence (e.g. rent arrears statements, anti-social behaviour reports).
- 3Serve the notice and keep proofDeliver the notice by hand, recorded delivery, or email (if permitted). Retain proof of service — a signed receipt, tracking confirmation, or read receipt.
- 4Apply to court if the tenant doesn’t leaveIf the tenant remains after the notice period ends, apply to the county court for a possession order. Include the original notice, proof of service, and evidence supporting the ground.
Apply to court if the tenant doesn’t leave
If the tenant stays beyond the notice period, you must apply to court for a possession order. The court will check that you’ve complied with all procedural requirements — deposit protection, information sheet, valid notice, correct ground. If everything is in order, the court will grant a possession order, usually giving the tenant 14 to 28 days to leave. If they still don’t leave, you apply for a warrant of possession, and bailiffs will remove them.
One emerging angle worth noting: the new Ground 4A for student HMOs. If you let to full-time students on a joint contract in an HMO, you can use this ground to regain possession for the next academic year, provided you gave notice at the start of the tenancy. This is a specific carve-out that doesn’t apply to purpose-built student accommodation. If you’re a student landlord, this ground is your main route to annual turnover of tenants.
What to do if you need to increase rent during the process
If you want to increase the rent while the tenancy continues, you must use the Section 13 process. Fill out Form 4A and give it to the tenant with at least two months’ notice. You cannot increase rent more than once a year, and the tenant can challenge the increase if it’s above the open market rent. The tribunal will decide the market rate. You also cannot increase rent during the first 12 months of the tenancy.
If you’re dealing with a complex situation — like a tenant who owes rent but also wants to stay, or a property you need to sell urgently — the safest route is to speak to a tenant-landlord lawyer who can review your specific facts before you serve notice. One procedural error can cost you months of delay.
Frequently asked questions about the new notice rules
Can I still use Section 21 if I served notice before 1 May 2026? ▾
What happens if my tenant gives notice but then changes their mind? ▾
Can I evict a tenant who owes less than three months’ rent? ▾
Does the 12-month protected period apply to all grounds? ▾
What evidence do I need for an anti-social behaviour eviction? ▾
The new notice rules are the biggest change to English tenancy law in a generation. The key takeaway is simple: plan ahead, get your paperwork right, and never serve notice without confirming the ground, the notice period, and the protected period. If you’re unsure about any step, a tenant-landlord lawyer can review your case before you commit to a process that could take months. If this was useful, you might also want to read what to know about subletting restrictions when renting.
Sources and Further Reading
Decoding the UK rental market: a guide for first-time renters — A broader look at how the rental market works, including tenancy types and landlord obligations.
Renters’ Rights Act: an overview for landlords. UK Government, 2026.
Renters’ Rights Act notice periods for landlords. EPC Guide, 2026.
