Section 8 vs Section 21: What Changed After the Renters' Rights Act 2025

If you are weighing up Section 8 vs Section 21 in 2026, the comparison has effectively ended. Since the Renters’ Rights Act 2025 came into force on 1 May 2026, Section 21 “no-fault” eviction has been abolished in England, and Section 8 is now the only route a landlord has to recover possession of a let property. The two notices no longer sit side by side as alternatives, one has been switched off entirely, and the other has been expanded to carry the full weight of possession.

That single change reshapes almost everything about how you run a tenancy in England: how you screen tenants, how you document rent, how you plan a sale, and how long it takes to get a property back. This guide explains what each notice was, what has actually changed, how the grounds and notice periods now work, and exactly how England landlords regain possession lawfully under the new regime, with a worked example and a frequently-asked-questions section at the end.

Section 8 vs Section 21: the headline change

Under the old assured shorthold tenancy (AST) system, landlords had two doors out of a tenancy:

• Section 21, the “no-fault” route under section 21 of the Housing Act 1988. After any fixed term ended, you could give two months’ notice without giving a reason. It was fast and, when the paperwork was in order, almost automatic through the accelerated possession procedure.
• Section 8, the “fault” or grounds-based route under section 8 of the same Act. You had to prove a specific ground, such as serious rent arrears or antisocial behaviour, and the court would scrutinise your evidence.

The Renters’ Rights Act 2025 closed the Section 21 door completely. There is no longer any no-fault eviction in England, and because the Act also abolished fixed-term ASTs, every assured tenancy is now periodic (rolling) by default. Possession now requires a valid reason under Section 8, there is no “end of term” to fall back on, because there is no term to end.

Why Section 21 was abolished

Section 21 of the Housing Act 1988 let a landlord end an AST without giving any reason once the fixed term expired. The Government’s position, carried through the Renters (Reform) Bill and finally enacted in the Renters’ Rights Act 2025, was that no-fault eviction created insecurity for tenants and discouraged them from raising legitimate complaints about disrepair, the so-called “revenge eviction” problem.

The practical upshot for landlords is blunt: any old Section 21 template, “Form 6A”, or “notice requiring possession” you may have saved is now legally useless. Serving one will not start a valid possession claim, and a court will not entertain it. If you have an old workflow built around serving notice and then using accelerated possession, that workflow no longer exists.

For the detail on dates, transitional arrangements and what happened to notices already in the system on commencement day, see our guide on Section 21 abolished in England: what landlords need to know in 2026 and the companion piece on Section 21 abolished: what landlords in England must do instead from May 2026.

How Section 8 works now

Section 8 has become the workhorse of the new system. The mechanics are unchanged in shape but far more important in practice:

1. You identify one or more statutory grounds that genuinely apply to your situation.
2. You serve a notice on the current prescribed Section 8 form on GOV.UK, setting out each ground and the supporting particulars.
3. You wait out the notice period attached to the ground (or the longest period, if you cite several).
4. If the tenant does not leave, you apply to the county court for a possession order, and the court decides whether the ground is made out.

There are roughly 37 grounds in total, split into two types. The distinction matters enormously, because it determines whether the court has any choice once you prove your case.

• Mandatory grounds, if you prove the ground, the court must order possession. There is no balancing exercise.
• Discretionary grounds, even if you prove the ground, the court decides whether it is reasonable to order possession, weighing the tenant’s circumstances.

Key grounds and notice periods

The Renters’ Rights Act reshaped several grounds and the notice periods attached to them. The most commonly used now include:

• Ground 8 (serious rent arrears, mandatory), now requires three months’ (or 13 weeks’) arrears outstanding both when you serve notice and at the hearing. If the tenant pays down below the threshold before the hearing, the mandatory ground can fail. The notice period is four weeks.
• Ground 1A (landlord intends to sell, mandatory), a new ground requiring four months’ notice. It generally cannot be used in the first 12 months of the tenancy.
• Ground 1 (landlord or close family moving in, mandatory), also four months’ notice, with the same early-tenancy restriction.
• Ground 2 (mortgage lender repossession, mandatory), four months’ notice.
• Antisocial behaviour and serious breach grounds, these can carry much shorter, and in the most serious cases effectively immediate, notice given what is at stake.

Note that grounds 3, 4 and 16 were abolished by the Act, so older checklists may list grounds that no longer exist. There are also tighter restrictions on re-letting after using the sale or moving-in grounds. Always confirm the exact wording and current notice periods against the prescribed form and guidance on GOV.UK and the Housing Act 1988 on legislation.gov.uk.

For a full plain-English walkthrough of the notice itself, read Section 8 notice explained: how landlords regain possession in England, and for the drafting detail, Section 8 notice template for England: get it right the first time.

Mandatory vs discretionary grounds: why it matters

Under Section 21, the question of why you wanted possession never arose. Under Section 8 it is the whole game. Choosing the right ground, and ideally a mandatory one, is the single most important decision in a possession claim.

In practice, experienced landlords often cite both a mandatory and a related discretionary ground together. If the tenant manages to drop below the Ground 8 arrears threshold just before the hearing, the discretionary arrears grounds can still carry the claim, though now the court has a choice.

What this means in practice for landlords

The shift from Section 21 to Section 8 changes how you should run a tenancy from day one, not just at the end:

• Evidence matters more than ever. With no no-fault route, every possession claim now rests on proving a ground. Keep meticulous records of rent payments, arrears letters, communications and any breaches from the outset.
• Plan around longer notice periods. Recovering a property to sell or move in now takes four months’ notice rather than two, and not in the first year of the tenancy. A sale that used to be a two-month exercise is now a much longer project.
• Arrears strategy is critical. Because Ground 8 needs three months’ arrears at both ends, the timing of when you serve notice can make or break a claim. Serve too early and the threshold is not met; wait too long and you carry months of lost rent.
• Get the form right. A defective notice, wrong form, wrong ground, missing particulars, wrong dates, will fail at court. There is no Section 21 safety net to fall back on, so a slip now means starting again and losing months.
• Screen harder at the front end. Strong referencing and, where appropriate, a guarantor become your first line of defence when you can no longer simply hand back two months’ notice. See tenant referencing in England explained.

A note on rent and other changes

The Act also reformed rent increases (now via the Section 13 process only, once a year, on the current prescribed Section 13 form on GOV.UK; rent-review clauses are banned, and the First-tier Tribunal cannot set rent above the figure you propose). It introduced a statutory right for tenants to request a pet, which you must answer in writing within 28 days. These sit alongside the possession changes as part of the same reform package. If recurring arrears are part of the picture, getting increases right also matters, see how to increase rent legally after the Renters’ Rights Act 2025.

Worked example: a sale that no longer fits the old timeline

Priya owns a one-bedroom flat in Leeds, let on what was a fixed-term AST that became a periodic assured tenancy on 1 May 2026. Her tenant, Tom, has always paid on time. In June 2026 Priya decides to sell.

Under the old rules, Priya would have served a Section 21 notice giving two months’ notice with no reason, used accelerated possession if Tom did not leave, and expected the flat back in roughly two to three months.

Under the rules now in force, Section 21 is unavailable. Priya must instead rely on Ground 1A (intention to sell), a mandatory ground requiring four months’ notice. Because Tom’s tenancy only converted to periodic on 1 May 2026, Priya must also check she is past the early-tenancy restriction before she can rely on the ground at all.

Here is how the two timelines compare:

The lesson: a perfectly reasonable, no-fault reason like selling up now takes far longer and demands a genuine, evidenced ground. Priya needs to factor that into her sale, her cash-flow and any onward purchase. For a fuller comparison of exit routes, see surrender vs Section 8 eviction: which route should you use to end a tenancy?.

The bigger picture: how tenancies end now

With Section 21 gone, ending a tenancy in England in 2026 generally means one of three things:

1. The tenant gives notice, they can end a periodic assured tenancy on two months’ notice at any point.
2. You serve a valid Section 8 notice on one or more statutory grounds and, if needed, obtain a court order.
3. Both parties agree to a surrender, a mutual, documented end to the tenancy, often the cleanest route where the relationship is amicable.

For the complete map of every lawful exit, see how tenancies end in England in 2026: the complete post-Section 21 guide.

Looking ahead: reforms still being phased in

Some parts of the wider reform are not yet live as of 18 June 2026. The PRS Landlord Ombudsman (expected around 2028) and the Private Rented Sector Database (phasing in from late 2026 into 2027) will, once operational, add new obligations and a new complaints route, but they do not affect possession today. Awaab’s Law and the Decent Homes Standard are being extended to the private rented sector over time, raising the bar on disrepair and condition. We will keep these guides updated as each provision commences.

Frequently asked questions

Can I still serve a Section 21 notice in 2026?

No. Section 21 was abolished when the Renters’ Rights Act 2025 came into force on 1 May 2026. A Section 21 notice served now has no legal effect and cannot found a possession claim. For more, see is Section 21 still valid in 2026?.

Is Section 8 harder to use than Section 21 was?

In most cases, yes. Section 8 requires you to prove a genuine ground and, for discretionary grounds, persuade the court it is reasonable to grant possession. There is no automatic, reason-free route any more, so evidence and correct paperwork now decide the outcome.

How much rent arrears do I need for Ground 8?

Ground 8 (the mandatory arrears ground) now requires at least three months’ or 13 weeks’ arrears outstanding both when you serve the notice and at the court hearing. If the tenant pays the balance below that threshold before the hearing, the mandatory ground can fail, which is why many landlords also cite the discretionary arrears grounds.

How long is the notice period under Section 8?

It depends on the ground. Serious arrears (Ground 8) carry roughly four weeks’ notice, while the sale (Ground 1A) and moving-in (Ground 1) grounds need four months. The most serious antisocial behaviour grounds can be much shorter. Always confirm the current period against the prescribed form on GOV.UK before serving.

Do I still need the current prescribed form?

Yes. You must use the current prescribed Section 8 form on GOV.UK and complete it correctly, citing every ground you intend to rely on with proper particulars. An out-of-date form or a missing ground can sink the whole claim, so check the form is the live version each time.

What replaced the no-fault route for landlords who simply want their property back?

There is no direct no-fault replacement. If you want to sell, you rely on Ground 1A; if you or close family will move in, Ground 1. Both need four months’ notice and generally cannot be used in the first year. Otherwise, a mutually agreed surrender is often the practical answer where the tenant is willing.

Coming soon

Tenancy Pilot is launching soon, and our Section 8 notice builder is designed for exactly this new world: it walks you through choosing the right ground (and pairing a mandatory ground with a discretionary backstop), calculates the correct notice period, and produces a notice aligned to the current prescribed Section 8 form on GOV.UK, so your claim does not fail on a technicality. Paired with deadline alerts and rent-arrears tracking, it replaces the old Section 21 workflow with one that is actually valid in 2026. Want to be first in when we launch? Join the waitlist.

This article is general information, not legal advice. Possession law is high-stakes and fact-specific. Always check the current guidance on GOV.UK and the legislation on legislation.gov.uk, and consult a qualified solicitor before serving any notice or starting a possession claim.