How to End a Tenancy After Section 21 Is Abolished

Life After Section 21

For decades, Section 21 of the Housing Act 1988 gave private landlords in England a straightforward route to recover their property — serve two months' notice, no reason required. From 1 May 2026, that route is gone. The Renters' Rights Act 2025 repeals Section 21 entirely.

This does not mean landlords are trapped. It means the process changes. Every possession claim will now require a specific, lawful reason — and the reformed Section 8 of the Housing Act 1988 provides those reasons. If you understand the grounds and follow the correct procedure, you can still recover your property when you need to.

Section 21 is being abolished, but the right to recover your property is not. The law still provides clear routes — you simply need to use the right one.

Understanding the Reformed Section 8

Section 8 allows a landlord to seek possession by serving a notice specifying one or more grounds from Schedule 2 of the Housing Act 1988. The Renters' Rights Act has reformed and expanded these grounds to ensure they cover the situations that landlords previously relied on Section 21 for.

There are two types of grounds:

• Mandatory grounds — if the court is satisfied the ground is made out, it must grant possession
• Discretionary grounds — the court considers whether it is reasonable to grant possession, even if the ground is proved

The Key Grounds for Private Landlords

Ground 1 — Sale of the Property

You wish to sell the property with vacant possession. This is a mandatory ground. You must give four months' notice, and it cannot be used during the first 12 months of the tenancy. For a detailed look at how this ground works when you want to move back in yourself, see our guide to Ground 1 possession for landlords moving in.

Ground 1A — Landlord or Family Member Moving In

You or a close family member intend to occupy the property as your only or principal home. Also mandatory, with four months' notice, and subject to the same 12-month protected period.

Ground 6 — Redevelopment

You intend to demolish, reconstruct, or carry out substantial works to the property, and cannot reasonably do so with the tenant in situ. This is a mandatory ground with four months' notice and requires you to demonstrate genuine intent and the practical inability to carry out works around the tenancy. We cover this in full in our Ground 6 redevelopment guide.

Ground 8 — Serious Rent Arrears

The tenant owes at least two months' rent (or eight weeks' rent if paid weekly) at both the date the notice is served and the date of the court hearing. This is mandatory and requires only four weeks' notice.

Ground 10 — Some Rent Arrears

Rent was in arrears when the notice was served and at the date of the hearing, but below the Ground 8 threshold. This is discretionary — the court will consider the tenant's circumstances and whether it is reasonable to grant possession.

Ground 12 — Breach of Tenancy Terms

The tenant has broken one or more obligations of the tenancy agreement. Discretionary, and the breach must be more than trivial.

Ground 14 — Antisocial Behaviour

The tenant, a member of their household, or a visitor has been guilty of conduct causing or likely to cause nuisance or annoyance. This is discretionary in most cases, but there is a mandatory version (Ground 14A) for serious criminal offences.

The notice period for antisocial behaviour is just two weeks, reflecting the urgency of these situations. For a deeper look at this process, read our guide on antisocial behaviour and tenant eviction.

Ground 14ZA — Repeated Rent Arrears

A new ground introduced by the Renters' Rights Act. If the tenant has been in at least two months' arrears on three or more occasions within the preceding three years, you can seek possession on this mandatory ground — even if the arrears have been cleared by the time of the hearing.

The Correct Procedure

Getting the process right is critical. An error in the notice can invalidate your claim and force you to start again, costing months.

1. Identify the correct ground(s). You can cite more than one ground in a single notice, and it is often sensible to do so where multiple grounds apply.
2. Serve a Section 8 notice using the prescribed form. The notice must specify the ground(s) relied upon and give the correct notice period for each.
3. Wait for the notice period to expire. You cannot issue court proceedings until the notice period has passed. The notice is valid for a defined window — if you wait too long, it expires and you must re-serve.
4. Apply to the court for a possession order. This is done through the county court. You will need to provide evidence supporting your ground(s).
5. Attend the hearing. For mandatory grounds, the hearing may be relatively straightforward if your evidence is in order. For discretionary grounds, be prepared for the court to weigh the tenant's circumstances.
6. Enforce the order. If the tenant does not vacate by the date specified in the possession order, you must apply for a warrant of possession. You cannot change the locks or remove the tenant yourself.

Common Mistakes to Avoid

• Serving notice before your compliance is in order. If your gas safety certificate, EICR, EPC, or deposit protection is not compliant, the court may refuse to grant possession or the tenant may counterclaim
• Using the wrong notice period. Each ground has its own required notice period. Getting this wrong invalidates the notice
• Not keeping evidence. Rent arrears claims need clear financial records. Antisocial behaviour claims need dated incident logs, witness statements, or police reports
• Self-help eviction. Changing locks, removing belongings, or cutting off utilities is a criminal offence under the Protection from Eviction Act 1977, regardless of the circumstances

Court Delays and Practical Realities

It is worth being realistic about timescales. Even with a valid notice and strong evidence, the court process takes time. From serving notice to obtaining a possession order can take several months, and enforcement adds further time if the tenant does not leave voluntarily.

This makes prevention better than cure. Good tenant referencing, clear tenancy agreements, responsive property management, and early intervention when problems arise will reduce the likelihood of ever needing to pursue possession.

Preparing for the Transition

If you currently have tenancies in place and have been relying on Section 21 as your backstop, now is the time to familiarise yourself with the Section 8 grounds. Understand which grounds apply to your situation, ensure your compliance documentation is impeccable, and keep thorough records from day one.

The end of Section 21 is a significant change for private landlords in England, but it is a navigable one. Landlords who follow the rules and maintain their properties will continue to be able to manage their tenancies effectively — the process is simply more structured than before. Understanding how periodic tenancies work under the new regime is equally important.

Further Reading

• Renters' Rights Act 2025: What Landlords Need to Know
• Section 8 Ground 1: Landlord Moving In
• Periodic Tenancies Explained for Landlords