Section 21 is gone: how landlords get a property back now
On 1 May 2026, Section 21 "no-fault" evictions were abolished in England and every assured shorthold tenancy became periodic. The question every landlord asks next: so how do I get my property back if I need it?
The answer is Section 8 — possession on specific legal grounds. It's a genuinely different system: instead of a notice that needed no reason, you now need a reason, the right notice period for that reason, and evidence that stands up.
The grounds landlords will actually use
| Ground | Notice period | Key conditions |
|---|---|---|
| Selling the property | 4 months | Can't be used in first 12 months of the tenancy; genuine intent to sell required; re-letting soon after carries penalties |
| Landlord or close family moving in | 4 months | Can't be used in first 12 months; "close family" is defined — not any relative |
| Serious rent arrears (mandatory) | 4 weeks | At least 3 months' arrears at both notice and hearing |
| Antisocial behaviour | Immediate proceedings possible | Evidence threshold is significant in practice |
| Breach of tenancy / property damage | 2 weeks | Discretionary — court weighs reasonableness |
Three pitfalls catching landlords already
- Using the selling or moving-in ground casually. These are policed: regaining possession to sell and then re-letting the property carries substantial penalties. Only use a ground that's true.
- Compliance gaps blocking possession. Unprotected deposits and missing gas safety certificates, EPCs or How to Rent guides can derail a possession claim entirely. Fix compliance first — our free checker flags the gaps.
- Letting arrears drift past the point of proof. The 3-month arrears threshold must hold at notice and at hearing. Keep clean rent statements from day one; a tenant paying a token amount before the hearing can defeat the mandatory ground.
If you're mid-dispute now
Don't improvise. Possession claims under the new grounds are where early legal advice pays for itself many times over — a badly served notice costs months. What you can do today: assemble your evidence file, verify your compliance basics are in order, and get the right notice form for the ground you're using from GOV.UK.
Weak compliance loses strong cases
Two minutes, eight questions: find out whether deposits, documents or paperwork gaps could block your possession rights — before you need them.
Run the free compliance check