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Regaining Possession: A Guide for Landlords in England (From 1st May 2026)
Understand the new Section 8 rules, grounds for possession, notice periods and the court process following the Renters’ Rights Act 2025.
Reviewed October 2026 · England
At a glance: what has changed?
Since 1st May 2026, landlords of most private assured tenancies in England can no longer use Section 21 to regain possession. Instead, they must rely on a valid Section 8 ground for possession, give the correct notice and, if necessary, obtain a court order.
Important: Serving notice does not automatically end the tenancy. A landlord must not change the locks, remove belongings or force a tenant to leave without following the lawful process.
Does this guide apply to my tenancy?
This guide is intended for private landlords in England whose properties are let under assured tenancies, including the assured periodic tenancies introduced by the Renters’ Rights Act. Different rules may apply to resident landlords, lodgers, licences, holiday accommodation, commercial lettings and tenancies outside the assured tenancy regime.
How does a landlord regain possession?
1. Identify a lawful ground
Establish which Section 8 ground applies and check its specific conditions and evidence requirements.
2. Serve the correct notice
Use the prescribed Form 3A (or a substantially equivalent form), specify the grounds and give the required notice period.
3. Apply to the county court
If the tenant remains after the notice expires, apply for a possession order and provide supporting evidence.
4. Enforce the possession order
If the tenant does not leave by the court-ordered date, arrange lawful enforcement through the court.
Mandatory and discretionary possession grounds
Mandatory grounds
If the landlord proves all the legal requirements of the ground, the court must normally make a possession order. Examples include qualifying landlord occupation, sale and serious rent arrears.
Discretionary grounds
Even if the ground is established, the judge must decide whether making a possession order is reasonable. Examples include breach of tenancy, property deterioration and persistent late rent payments.
Landlords can rely on more than one ground where appropriate. Each ground must be properly explained and supported by evidence.
Common Section 8 grounds and notice periods
The following are some of the grounds most relevant to private landlords. The periods below are the minimum statutory notice periods, not a guarantee of when possession will be obtained.
Ground 1 – Landlord or family occupation
Mandatory · 4 months’ notice. Where the landlord or a qualifying close family member intends to live in the property. The notice cannot expire within the tenancy’s first 12 months.
Ground 1A – Intention to sell
Mandatory · 4 months’ notice. Where the landlord genuinely intends to sell. The notice cannot expire within the first 12 months. Special restrictions apply to certain older non-shorthold assured tenancies.
Ground 8 – Serious rent arrears
Mandatory · 4 weeks’ notice. Normally requires at least 3 months’ unpaid rent for monthly tenancies, both when notice is served and at the hearing. Special rules exclude certain unpaid benefits-related amounts.
Grounds 10 and 11 – Rent payment problems
Discretionary · 4 weeks’ notice. Ground 10 covers rent arrears below the mandatory threshold; Ground 11 concerns persistent delays in paying rent.
Ground 12 – Breach of tenancy
Discretionary · 2 weeks’ notice. For breaches of tenancy obligations other than rent payment, such as proven breaches of relevant tenancy conditions.
Ground 13 – Deterioration of the property
Discretionary · 2 weeks’ notice. Where the property’s condition has deteriorated due to the tenant’s conduct or relevant neglect, subject to the statutory requirements.
Ground 14 – Antisocial behaviour
Discretionary · No minimum waiting period before a court claim. Proceedings may begin immediately after notice, although a possession order cannot be made within the first 14 days.
Ground 7A – Serious antisocial or criminal behaviour
Mandatory · No minimum waiting period before a court claim. Applies only where specific serious offences, orders or other statutory conditions are met.
Can I regain possession to sell or move back in?
Yes, where the statutory conditions are met. Grounds 1 and 1A allow qualifying landlords to seek possession for occupation by the landlord or close family, or because the landlord intends to sell.
- The tenant is protected against possession under these grounds during the first 12 months of the tenancy.
- A notice may be served during that period, but it must not expire before the protected period ends.
- At least 4 months’ notice must be given, and the landlord must be able to demonstrate that the ground genuinely applies.
- Restrictions on re-letting or remarketing can apply after relying on these grounds; landlords should check the statutory rules before making alternative plans.
Landlords should not treat these grounds as a replacement for the former no-fault eviction process.
How do I serve a valid Section 8 notice?
- Choose the correct ground or grounds. Check the legal wording and all conditions, including any prior-notice requirements.
- Complete Form 3A. Identify the tenancy, grounds, detailed reasons and relevant dates accurately.
- Give the correct notice. Calculate the required period carefully, especially if using multiple grounds.
- Serve the notice properly. Follow the applicable legal and contractual service requirements and keep evidence of delivery.
- Retain supporting documents. Keep rent statements, correspondence, photographs, inspection records and other relevant evidence.
Download the official notice
Use the government’s current assured tenancy forms and the accompanying legal wording for possession grounds.
Ordinarily, court proceedings must be started within 12 months of serving the notice, subject to limited statutory extensions, including certain debt breathing-space situations.
Does deposit protection affect possession?
Yes. For most Section 8 grounds, the court will need to be satisfied that the tenancy deposit requirements have been met, or that another statutory route to compliance applies, such as returning the deposit in full or with agreed deductions. There are exceptions for antisocial behaviour grounds 7A and 14.
Check that the deposit was properly protected, the scheme requirements were followed and the prescribed information was given. Late protection may also expose a landlord to a separate financial penalty, even if steps are subsequently taken to address the possession restriction.
What happens if the tenant does not leave?
Applying for a possession order
If the tenant remains after the notice period, the landlord must apply to the county court. The Possession Claim Online service can be used for claims based solely on rent arrears. For other Section 8 claims, the standard paper process uses forms N5 and N119.
The published court application fee is £415 as at October 2026. Court fees can change. The landlord must submit the notice, proof of service and evidence supporting the grounds.
The court hearing
The court will consider the landlord’s evidence and any defence raised by the tenant. It may dismiss or adjourn the claim, make an outright possession order or grant a suspended possession order with conditions.
If a possession order is made
An outright order specifies when the tenant must leave. For mandatory grounds this is usually within 14 days of the order, although the court may allow up to 6 weeks in cases of exceptional hardship. Different arrangements can apply to discretionary grounds.
If the tenant still refuses to leave
The landlord must seek enforcement, usually through a county court warrant of possession and bailiffs. The court arranges the eviction appointment and the tenant is normally given at least 14 days’ notice of it. The landlord must not carry out the eviction personally.
What evidence should landlords keep?
Rent arrears
A clear, dated rent schedule showing rent due, payments received and the outstanding balance, together with relevant correspondence.
Breaches and property condition
Tenancy terms, inspection reports, photographs, dated communications and contractor or witness evidence where relevant.
Selling or moving in
Evidence of a genuine intention to sell or occupy, such as estate agent instructions or relevant supporting documentation.
Notice and compliance
A copy of Form 3A, proof of service, deposit protection documents and any required prior notices.
Frequently asked questions
Can landlords still use Section 21?
No. For the assured tenancies covered by the new rules, Section 21 is no longer available for notices served from 1st May 2026. Transitional rules may apply to notices served before that date.
Can I evict a tenant simply because the tenancy has reached its anniversary?
No. The anniversary of an assured periodic tenancy does not itself create a ground for possession. A statutory ground is needed.
Does a Section 8 notice mean the tenant must leave on the expiry date?
No. If the tenant does not leave voluntarily, the landlord must obtain and, where necessary, enforce a court possession order.
Can I serve notice for unpaid rent before arrears reach three months?
Potentially. Discretionary Ground 10 may apply to lower arrears and Ground 11 to persistent late payment, but the court must decide whether possession is reasonable.
What if the tenant refuses access for inspections or repairs?
Depending on the tenancy terms, the circumstances and evidence, refusal of access may support a claim under Ground 12. It does not automatically entitle a landlord to possession.
How long does the whole process take?
There is no fixed overall timescale. It depends on the ground, statutory notice period, court availability, any defence or adjournment, and whether bailiff enforcement is needed.
Need a helping hand?
Regaining possession can be complicated, particularly where there are rent arrears, tenancy breaches or uncertainty about which ground applies. The Online Letting Agents can help landlords understand the process and the information they may need to prepare.
For case-specific advice or representation in court proceedings, landlords should obtain appropriate specialist legal assistance.
Official guidance and further reading
- GOV.UK – Repossessing your privately rented property after 1st May 2026
- GOV.UK – Grounds for possession and notice periods
- GOV.UK – Assured tenancy forms (including Form 3A)
- GOV.UK – Evicting tenants
- Citizens Advice – Housing guidance
- National Residential Landlords Association (NRLA)
- UK Association of Letting Agents (UKALA)
Important: General guidance for private landlords in England, reviewed October 2026. It is not legal advice. The correct procedure depends on the tenancy type, possession ground and individual circumstances. Always check the latest official guidance before serving a notice or starting proceedings.