Section 8 After Section 21: What Landlords Need to Know

The removal of Section 21 has changed the way landlords recover possession of privately rented properties in England.

Since 1 May 2026, landlords have no longer been able to serve a new Section 21 notice. Instead, possession must be sought using one or more of the legally defined grounds under Section 8 of the Housing Act 1988.

This does not prevent landlords from recovering their properties where there is a legitimate reason to do so. It does, however, place greater importance on selecting the correct possession ground, following the required procedure and maintaining reliable evidence throughout the tenancy.

For landlords, the practical consequence is clear: possession should no longer be considered only when a tenancy has become difficult or circumstances have changed. It must form part of a properly documented approach to tenancy management from the beginning.

For a fuller breakdown of the possession grounds and how the process works, read our Section 8 Guide for Landlords.

How Section 8 works

A Section 8 notice must identify the statutory ground, or grounds, on which the landlord intends to seek possession.

Some grounds are mandatory. This means that the court must grant possession where the ground has been established and the legal requirements have been met.

Others are discretionary. In these cases, the landlord must establish that the ground applies, but the court must also decide whether granting possession would be reasonable.

If the tenant does not leave when the notice period expires, the landlord must normally apply to the court for a possession order. Serving notice does not, by itself, end the tenancy or entitle the landlord to remove the tenant.

This is an important distinction. Section 8 is not simply a replacement notice. It is an evidence-led possession route, and the strength of the landlord’s records may directly affect the outcome.

Selling or moving back into the property

Two of the most significant possession grounds for private landlords concern a decision to sell the property or occupy it as a home.

Ground 1 may be used where the landlord, or a qualifying close family member, genuinely intends to live in the property as their principal home.

Ground 1A applies where the landlord genuinely intends to sell.

Both are mandatory grounds and usually require at least four months’ notice. They are also subject to a 12-month protected period at the beginning of a new tenancy, during which the tenant cannot be required to leave because the landlord wishes to sell or move in.

This makes forward planning particularly important. A landlord considering a future sale cannot assume that vacant possession will be available at short notice. The protected period, the required notice and the potential court timetable should all be considered before the property is placed on the market.

A genuine intention will also need to be supported by evidence. Landlords should retain relevant correspondence and documentation showing how and when the decision to sell or reoccupy the property was made.

Rent arrears and persistent late payment

Rent arrears remain a recognised reason for seeking possession, although the applicable ground will depend on the amount owed and the tenant’s payment history.

Ground 8 is mandatory and applies where arrears reach the statutory threshold. For tenants paying monthly, this generally means at least three months’ rent must be outstanding. The required level will usually need to exist both when notice is served and when the case reaches court.

Ground 10 is discretionary and may apply where some rent remains unpaid but the arrears are below the Ground 8 threshold.

Ground 11 addresses persistent late payment. It may be relevant where the tenant repeatedly pays after the agreed date, even where substantial arrears are not outstanding at the time of the hearing.

These grounds demonstrate why accurate rent accounting matters. A clear rent ledger, supported by bank records and written correspondence, will generally carry greater weight than informal notes or a payment history reconstructed after the problem has escalated.

Where arrears develop, communication should remain consistent and properly documented. This helps establish what was owed, what attempts were made to resolve the position and how the tenant responded.

Breaches of the tenancy agreement

Ground 12 may be used where the tenant has breached a term of the tenancy agreement other than an obligation to pay rent.

This could include unauthorised subletting or another substantive breach covered by the agreement. It is a discretionary ground, meaning the court must be satisfied both that the breach occurred and that possession would be reasonable.

The tenancy agreement therefore needs to be clear, current and appropriate for the property. Vague provisions or inconsistent enforcement can make it more difficult to demonstrate the seriousness of a breach.

Landlords should record the issue when it occurs, notify the tenant clearly and retain copies of all relevant correspondence. The response should be proportionate and consistent rather than delayed until possession proceedings are being considered.

Damage and deterioration

Section 8 also includes discretionary grounds relating to deterioration in the condition of the property or furniture supplied with it.

Successful reliance on these grounds is likely to depend on the quality of the evidence available. A detailed inventory, dated photographs, inspection reports and contractor assessments can help distinguish tenant-caused damage from fair wear and tear or repairs that remain the landlord’s responsibility.

Regular inspections are therefore an important form of protection. They provide an opportunity to identify maintenance concerns, record the condition of the property and address problems before they become more serious.

For landlords in Kensington and Chelsea, where individual rental properties often represent substantial long-term assets, inspection records should be treated as part of the property’s risk management file, not simply as administrative notes.

Antisocial behaviour

The possession framework contains grounds relating to antisocial and criminal behaviour.

Ground 7A is mandatory but applies only where particular legal conditions involving serious behaviour have been met.

Ground 14 is broader and discretionary. It may cover conduct causing nuisance, annoyance, alarm or distress to neighbours, the landlord or others connected with the property.

These cases can be complex and should be approached carefully. Evidence might include written complaints, incident records, witness statements, police correspondence or information from the local authority.

Where the behaviour is serious, landlords should obtain appropriate legal advice rather than attempting to manage the matter through informal pressure.

Documentation is now central to possession

The end of Section 21 increases the importance of the tenancy record.

Depending on the ground relied upon, a landlord may need to produce:

the signed tenancy agreement;
an accurate rent statement;
deposit protection records;
inventories and inspection reports;
dated photographs;
maintenance and contractor records;
written communication with the tenant;
referencing information;
complaints or incident reports;
evidence of an intention to sell, occupy or redevelop.

These records should be maintained throughout the tenancy. Attempting to gather or recreate them only after a dispute has developed can weaken an otherwise legitimate claim.

Deposit compliance is particularly important. Where a tenancy deposit has not been correctly protected, or the required prescribed information has not been served, the court may be unable to make a possession order on many grounds until the issue has been remedied.

What this means for landlords

The new possession framework does not remove landlords’ rights. It connects those rights more closely to a recognised reason, an appropriate notice period and clear supporting evidence.

Landlords should review their approach to:

tenancy documentation;
deposit protection;
rent collection and reconciliation;
property inspections;
maintenance reporting;
written communication;
the recording of breaches or complaints;
longer-term plans to sell or reoccupy the property.

The quality of these processes may have a direct effect on the strength, timing and cost of a future possession claim.

This is particularly important for landlords who self-manage or who have historically relied on light-touch administration. Under the current framework, informal records and reactive management are less likely to provide the level of protection landlords need.

A more managed approach

For landlords in Kensington and Chelsea, inconsistent tenancy administration can create unnecessary exposure.

Professional property management provides continuity. Rent collection, inspections, maintenance, tenant communication and compliance records are overseen as part of one managed process, allowing concerns to be identified earlier and handled more consistently.

At tlc Estate Agents, we guide landlords through changing regulation with a focus on preparation, documentation and long-term property protection. Where possession becomes necessary, a well-managed tenancy file provides a clearer foundation from which the landlord and their legal adviser can proceed.

To discuss how the Section 8 reforms may affect your property or tenancy arrangements, contact our lettings and property management agents on 020 7370 4000.

This article provides general information and does not constitute legal advice. Landlords should obtain advice from a suitably qualified legal professional before serving notice or beginning possession proceedings.

Frequently Asked Questions

What is Section 8 after the removal of Section 21?

Section 8 is now the main legal route for private landlords who need to recover possession of a rented property. Landlords must rely on one or more recognised possession grounds, such as selling the property, moving back in, rent arrears, breach of tenancy, damage or antisocial behaviour.

Can landlords still evict tenants after Section 21 has been removed?

Yes, landlords can still recover possession where they have a valid legal ground. The process is now more evidence-led, and landlords must use the correct Section 8 ground, serve the right notice and apply to court if the tenant does not leave.

What Section 8 grounds can landlords use to sell a property?

Landlords may be able to use Ground 1A where they genuinely intend to sell the property. This ground is subject to specific requirements, including notice rules and the 12-month protected period at the beginning of a new tenancy.

Can a landlord use Section 8 for rent arrears?

Yes. Ground 8 may apply where rent arrears reach the statutory threshold, while Grounds 10 and 11 may apply where there are lower arrears or persistent late payment. Accurate rent records are essential.

Why is documentation important for Section 8 possession claims?

Documentation helps prove the ground being relied upon. Landlords may need rent ledgers, tenancy agreements, deposit records, inventories, inspection reports, photographs, correspondence and evidence of their intention to sell or reoccupy the property.

Should landlords get legal advice before serving a Section 8 notice?

Yes. Section 8 possession is a legal process, and errors in the notice, evidence or procedure can delay or weaken a claim. Landlords should obtain legal advice before serving notice or beginning possession proceedings.

Samantha Hossack

Chief Operating Officer

Samantha Hossack, Chief Operating Officer with over 20 years of experience driving operational excellence, leading high-performing teams, and delivering strategic growth across the prime London property market.

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