Section 21 Abolished — Section 8 is Now the Only Route

Section 8 Notice Solicitors

Expert solicitors for Section 8 eviction notices and possession proceedings. Since Section 21 was abolished on 1 May 2026, Section 8 is now the primary route for all possession claims in England.

We advise on mandatory and discretionary grounds, draft and serve notices correctly, and represent landlords in possession proceedings — from notice to enforcement.

SRA Regulated Solicitors
Staged Fixed Fees
Fast Turnaround
Chester & Nationwide
Call 01244 757 352Free Initial Enquiry

The Law Explained

What is a Section 8 Notice?

A Section 8 notice is a formal notice served by a landlord on a tenant where the tenant has breached the tenancy agreement. It is served under Section 8 of the Housing Act 1988 and must specify the grounds relied upon.

Since Section 21 was abolished on 1 May 2026 under the Renters' Rights Act, Section 8 is now the only route for possession in England. This makes getting the notice right more important than ever.

There are both mandatory grounds (where the court must grant possession if proved) and discretionary grounds (where the court weighs up the circumstances). We advise on which grounds apply to your situation and which give you the strongest case.

Key Facts

  • Section 21 abolished 1 May 2026 — Section 8 is now the only possession route
  • Notice period: 2 weeks (mandatory rent arrears) or 2 months (most other grounds)
  • Mandatory grounds: court must grant possession if proved
  • Discretionary grounds: court weighs up circumstances
  • Errors in the notice can invalidate it — always use a solicitor
  • Ground 8 (3+ months arrears) is the most commonly used mandatory ground

Grounds for Possession

Section 8 Grounds We Advise On

The most commonly used grounds for possession under Section 8. We advise on which grounds apply to your situation and how to maximise your prospects of success.

Mandatory

Ground 8

Rent Arrears (3+ months)

The most commonly used mandatory ground. Applies where the tenant owes at least three months' rent at both the date of notice and the date of the hearing. The court must grant possession if proved.

Mandatory

Ground 1

Landlord Requires Property

The landlord (or their spouse/civil partner) requires the property as their only or principal home. Notice must have been given at the start of the tenancy that this ground might be used.

Mandatory

Ground 1A

Landlord Intends to Sell

New ground introduced by the Renters' Rights Act 2026. The landlord intends to sell the property. Specific conditions and notice periods apply.

Mandatory

Ground 7A

Serious Antisocial Behaviour

Applies where the tenant, or someone living in or visiting the property, has been convicted of a serious offence or is subject to a civil injunction for antisocial behaviour.

Discretionary

Ground 10

Some Rent Arrears

Applies where the tenant is in arrears at the date of notice and the date of the hearing, but below the Ground 8 threshold. The court has discretion and may consider the tenant's circumstances.

Discretionary

Ground 11

Persistent Late Payment

Applies where the tenant persistently delays paying rent, even if not currently in arrears. Useful where a tenant repeatedly pays late but clears arrears before the hearing.

Discretionary

Ground 12

Breach of Tenancy

Applies where the tenant has breached any obligation of the tenancy other than the obligation to pay rent — for example, subletting without consent or keeping pets in breach of the agreement.

Discretionary

Ground 14

Antisocial Behaviour

Applies where the tenant, or someone living in or visiting the property, has caused nuisance or annoyance to neighbours or has been convicted of a relevant offence.

Our Process

From Notice to Possession — How We Help

01

Identify the Correct Ground

We review your situation and identify the strongest ground(s) available — mandatory where possible to maximise certainty of outcome.

02

Draft & Serve the Notice

We prepare the Section 8 notice on the prescribed form, specifying the correct grounds and notice period. Correct service is critical — errors invalidate the notice.

03

Monitor the Notice Period

We monitor the notice period and advise on next steps. If the tenant pays arrears or remedies the breach, we advise on whether to proceed.

04

Issue Possession Proceedings

If the tenant does not vacate, we issue possession proceedings in the county court. We prepare the claim form, evidence bundle and attend hearings.

05

Obtain Possession Order

We attend the hearing and obtain a possession order. For mandatory grounds, the court must grant possession if the ground is proved.

06

Enforce if Necessary

If the tenant does not vacate by the date in the order, we apply for a warrant of possession or transfer to the High Court for faster enforcement.

FAQs

Section 8 Notice — Frequently Asked Questions

What is a Section 8 notice?
A Section 8 notice is a formal notice served by a landlord on a tenant where the tenant has breached the tenancy agreement. It is served under Section 8 of the Housing Act 1988 and must specify the grounds relied upon. Since Section 21 was abolished on 1 May 2026, Section 8 is now the primary — and only — route for possession in England.
What are the grounds for a Section 8 notice?
Section 8 provides both mandatory and discretionary grounds. Mandatory grounds (where the court must grant possession if proved) include Ground 8 (three months' rent arrears), Ground 1 (landlord requires property as principal home), Ground 1A (landlord intends to sell), Ground 6 (redevelopment), and Ground 7A (serious antisocial behaviour). Discretionary grounds include persistent late payment, damage to the property, and other breaches.
What is Ground 8 for rent arrears?
Ground 8 is a mandatory ground for possession where the tenant owes at least three months' rent (if rent is paid monthly) or 13 weeks' rent (if paid weekly) both at the date of service of the notice and at the date of the hearing. Because it is mandatory, the court must grant possession if the arrears threshold is met — the judge has no discretion.
How long does a Section 8 notice take?
The notice period for most Section 8 grounds is 2 weeks (for mandatory rent arrears grounds) or 2 months (for other grounds). After the notice expires, if the tenant has not vacated, you must issue possession proceedings in court. An undefended claim can be resolved in 6–10 weeks from issue. Defended proceedings take longer. We will give you a realistic timeline at the outset.
Can I serve a Section 8 notice myself?
Technically yes, but errors in the notice — wrong form, wrong grounds, incorrect notice period, or procedural mistakes — can invalidate it and require you to start again, costing weeks or months of delay. We recommend instructing a solicitor to ensure the notice is correctly drafted and served, particularly given the abolition of Section 21 and the increased scrutiny on Section 8 proceedings.
Has Section 21 been abolished?
Yes. Section 21 no-fault eviction was abolished on 1 May 2026 under the Renters' Rights Act. All possession claims in England must now rely on specific grounds under Section 8 of the Housing Act 1988. We advise landlords on the full range of grounds available and the best strategy for your situation.
What happens after a Section 8 notice expires?
If the tenant does not vacate after the notice period expires, you must issue possession proceedings in the county court. We prepare the claim form, evidence bundle and attend hearings on your behalf. If the court grants a possession order and the tenant still does not leave, we apply for a warrant of possession to instruct bailiffs.

Get Advice

Speak to a Section 8 Solicitor

Free initial enquiry. We will advise on the correct grounds, notice period and prospects of success for your situation.

Form completion0%

Your information will be held securely and used only to respond to your enquiry. We will not share your details with third parties. Privacy Policy.

We respond within one working day · Strictly confidential

Explore Further

Related Services

Evictions & PossessionRent Arrears RecoveryPossession ProceedingsTenancy AgreementsServices for Letting AgentsRenters' Rights Act Guide