How to End a Tenancy After Section 21 Is Abolished
Section 21 no-fault evictions ended for private tenancies in England on 1 May 2026. Which Section 8 ground fits your situation, the notice it needs, and the procedure that keeps the claim alive.
How do you end a tenancy now that Section 21 has gone?
You serve a Section 8 notice (Form 3A) relying on one or more grounds in Schedule 2 to the Housing Act 1988. If the tenant does not leave, you prove the ground in the county court. There is no longer a route that needs no reason. Section 21 was abolished for private assured tenancies from 1 May 2026, and all of those tenancies are now periodic.
If you served a Section 21 or Section 8 notice before 1 May 2026, the court claim had to be made by 31 July 2026. It is now too late to use that notice, and you need a new Section 8 notice (GOV.UK: giving notice before 1 May 2026). A tenant can still end the tenancy themselves by giving notice.
Which ground fits your situation?
Grounds, notice periods and restrictions are from Schedule 2, section 8(4AA) and the government's grounds for possession guidance.
| Your situation | Ground | Type | Minimum notice | Timing restriction |
|---|---|---|---|---|
| You or close family need to move in | 1 | Mandatory | 4 months | Tenancy must have begun at least 1 year before the date in the notice |
| You are selling | 1A | Mandatory | 4 months | Same 1-year rule |
| Demolition or substantial works needing vacant possession | 6 | Mandatory | 4 months | Cannot usually be used in the first 6 months |
| Council enforcement, a banning order, or a licence refused or revoked means you cannot keep letting | 6B | Mandatory | 4 months | |
| Tenant owes at least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly), at notice and at hearing | 8 | Mandatory | 4 weeks | |
| Some rent arrears, below the Ground 8 threshold | 10 | Discretionary | 4 weeks | |
| Tenant persistently pays late | 11 | Discretionary | 4 weeks | |
| Breach of a tenancy term other than rent | 12 | Discretionary | 2 weeks | |
| Damage to the property | 13 | Discretionary | 2 weeks | |
| Nuisance or antisocial behaviour | 14 | Discretionary | None, but no order within 14 days | |
| Conviction for a serious offence, ASB injunction breach, or closure order | 7A | Mandatory | None, but no order within 14 days | Serve within 12 months of the conviction or finding (3 months for a closure order) |
For every ground, including specialist ones, see the full list of Section 8 grounds.
Mandatory means the court must order possession if the ground is proved. It can delay possession by no more than 14 days, or six weeks for exceptional hardship (Housing Act 1980, s.89). Discretionary means the court must also think possession is reasonable, and it can suspend or postpone the order on conditions (Housing Act 1988, s.9).
Rules that catch landlords out
- Moving in or selling (Grounds 1 and 1A). Once you serve a notice relying on either ground, you cannot let or market the property to let until 12 months after the date in the notice (s.16E, s.16M). Breaking this is an offence, with a civil penalty alternative of up to £40,000 (s.16K). Details: Ground 1, Ground 1A.
- Universal Credit. For Ground 8, rent that is unpaid only because the tenant's Universal Credit housing payment has not yet arrived is ignored (Schedule 2, Ground 8).
- Deposit. If you took a deposit, the court can only order possession if it is protected and the prescribed information was given, or if it has been returned. The exceptions are Grounds 7A and 14 (Housing Act 2004, s.215). See deposit protection rules.
- Gas safety, EPC and EICR. Under Section 21, missing certificates could invalidate the notice. There is no equivalent statutory bar on a Section 8 order. Non-compliance is still a separate offence or breach in its own right, and in an arrears claim a tenant can raise disrepair as a counterclaim.
- Misusing a ground. Relying on a ground you do not reasonably believe you can win on can lead to a civil penalty of up to £7,000 if the tenant leaves within four months without a court order (s.16I).
The procedure
- Choose the ground or grounds from the table and gather the evidence before you serve.
- Serve Form 3A, the prescribed notice for private landlords (GOV.UK forms). Specify each ground with particulars and a date that respects the notice period. The court can only order possession on grounds in the notice unless it gives permission to add them (s.8(2)).
- Wait until the date in the notice, then issue a possession claim if the tenant has not left. You must issue within 12 months of serving the notice (s.8(3)(c)).
- The hearing is at least 28 days after issue, and the standard period is no more than 8 weeks (CPR 55.5(3)). Bring the evidence for every element of the ground.
- Enforce with a warrant of possession if the tenant stays past the date in the order. Changing locks, removing belongings or cutting off utilities yourself is an offence under the Protection from Eviction Act 1977.
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Frequently asked questions
Can I still evict a tenant without giving a reason?
No. Since 1 May 2026, every possession claim against a private assured tenant needs a Schedule 2 ground that you can prove.
What is the fastest route?
Grounds 7A and 14 (antisocial behaviour) have no notice period, though no order can be made within 14 days of the notice. Of the other grounds, Ground 8 (serious arrears) is mandatory with four weeks' notice, provided the threshold is met at both notice and hearing.
Can I end a tenancy in its first year?
Not with Ground 1 or 1A. The date in the notice must be at least a year after the tenancy began, though you can serve the four-month notice before the first anniversary. Ground 6 cannot usually be used in the first six months. The arrears, breach and antisocial behaviour grounds have no such restriction.
My fixed term has ended. Does the tenancy end automatically?
No. Private assured tenancies are periodic from 1 May 2026 and continue until the tenant gives notice or the court makes a possession order that is carried out. See periodic tenancies explained.
Do I need a solicitor?
It is not a legal requirement. For discretionary grounds, contested facts or antisocial behaviour, advice from a housing solicitor lowers the risk of a defective notice that forces you to start again.
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LandlordReady's guides are written for landlords who manage their own properties. They are researched from primary sources (legislation.gov.uk, GOV.UK guidance and the HSE), and each guide shows when it was last reviewed. They are general information, not legal advice.
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