Guide · Possession
How to end a tenancy in England now Section 21 has gone
Since 1 May 2026 a landlord in England can no longer end an assured tenancy with a Section 21 notice. To end one now you need a legal reason, called a ground, set out on a Section 8 notice, and if the tenant does not leave, a court decides. Here is how it works, in plain English.
What changed on 1 May 2026
The Renters' Rights Act 2025 ended Section 21 for assured tenancies in England. A tenancy now runs from one rent period to the next until the tenant leaves, or until a court makes a possession order on one of the grounds in Schedule 2 to the Housing Act 1988.
To use a ground you serve a Section 8 notice on Form 3A, from GOV.UK's assured tenancy forms page, with the legal wording for each ground you rely on. Each ground has its own notice period. If you use more than one ground, the notice period is the longest of them.
The grounds landlords use most
| Ground | What it is for | Notice |
|---|---|---|
| 1 | You or a family member will make it your main home (mandatory) | 4 months, and the date in the notice must be after the first 12 months of the tenancy |
| 1A | You intend to sell (mandatory) | 4 months, and the date in the notice must be after the first 12 months of the tenancy |
| 6 | Major redevelopment you cannot do with the tenant there; conditions apply (mandatory) | 4 months |
| 8 | Rent arrears of at least 3 months, or 13 weeks if rent is weekly or fortnightly, both when you serve the notice and at the hearing (mandatory) | 4 weeks |
| 10 and 11 | Some rent unpaid, or rent persistently paid late (discretionary) | 4 weeks |
| 12, 13, 15 and 17 | Breach of the tenancy, the home or furniture damaged, or a false statement (discretionary) | 2 weeks |
| 14 | Anti-social behaviour (discretionary) | Proceedings can begin from the day you serve the notice |
Mandatory means the court must make an order if you prove the ground. For a discretionary ground the court decides whether it is reasonable to make one. Other grounds have their own periods, set out in section 8 of the Housing Act 1988.
If you want to sell or move back in
Use Ground 1A to sell, or Ground 1 if you or a family member will live there. Both need 4 months' notice, and the date in the notice must fall after the first 12 months of the tenancy. Both are mandatory: if you prove the ground, the court must make an order.
If the rent is not being paid
Ground 8 needs rent arrears of at least 3 months, or 13 weeks if the rent is paid weekly or fortnightly. The arrears must be at that level both on the day you serve the notice and at the hearing. The notice period is 4 weeks. Where the arrears are lower, or the rent is persistently paid late, Grounds 10 and 11 can apply, also with 4 weeks' notice; the court decides whether an order is reasonable.
The Ground 8 rent arrears checker shows whether the arrears meet the line for your rent.
Serving the notice, and what happens next
- Work from the date the tenant will receive the notice. If you post it, allow time for delivery.
- Court proceedings must start within 12 months of the date you serve the notice.
- If the tenant has not left by the date in the notice, you apply to the court for a possession order. You cannot remove a tenant yourself.
When your tenant wants to leave
A tenant ends an assured periodic tenancy by giving at least 2 months' notice in writing (a letter, email or text), given on the day rent is due or the day before. You can both agree a shorter period in writing.
Pick your grounds and the date you serve the notice to see the earliest date you can put in it.
Questions landlords ask
Can a landlord still use a Section 21 notice in England?
No. Since 1 May 2026 a landlord ends an assured tenancy with a Section 8 notice on Form 3A, using one or more grounds, and the court decides if the tenant does not leave.
How much notice do I give if I want to sell or move back in?
4 months, under Ground 1A to sell or Ground 1 for you or a family member to live there. The date in the notice must also be after the first 12 months of the tenancy.
How much rent arrears do I need for Ground 8?
At least 3 months, or 13 weeks if rent is paid weekly or fortnightly, both when you serve the notice and at the hearing. The notice period is 4 weeks.
Which form is a Section 8 notice?
Form 3A, from GOV.UK's assured tenancy forms page, with the legal wording for each ground you put in it.
How long does a Section 8 notice last?
Court proceedings must start within 12 months of the date you serve the notice.
How much notice does a tenant have to give?
At least 2 months in writing, given on the day rent is due or the day before. You can both agree a shorter period in writing.
Sources, read on 22 October 2026: Housing Act 1988, section 8 (notice periods) and Schedule 2 (the grounds), on legislation.gov.uk; GOV.UK assured tenancy forms (Form 3A). England only. Page published 28 October 2026.
Want the paperwork done properly? The RentRight Kit toolkits give you editable Word documents for England, in the order you use them: checklists, the tenancy agreement, letters and a filing log.