Since 1 May 2026, Section 21 has no longer been available as the standard “no fault” route for recovering possession of most privately rented properties in England.
Landlords now generally need to rely on one or more statutory grounds for possession and follow the Section 8 process.
That makes understanding the available grounds, notice requirements and evidence considerably more important.
Mandatory and discretionary grounds
Possession grounds broadly fall into two categories.
With a mandatory ground, the court must make a possession order if the landlord proves that the conditions for the ground have been satisfied.
With a discretionary ground, proving the circumstances is not necessarily enough. The court must also decide whether granting possession is reasonable.
Landlords therefore need to understand not simply why they want the property back, but which legal ground matches those circumstances.
Ground 1 — the landlord or family needs the property
Ground 1 can be used in qualifying circumstances where the landlord or certain close family members genuinely intend to occupy the property as their home.
This is a mandatory ground, but landlords should not assume that stating an intention to move in is sufficient.
Evidence may be needed to demonstrate that the proposed occupation is genuine.
There are also restrictions designed to prevent landlords from using the ground simply to remove a tenant and immediately re-let the property.
Ground 1A — the landlord intends to sell
Ground 1A is likely to be particularly important for landlords deciding to leave the rental market.
It provides a route to possession where the landlord genuinely intends to sell the property.
Again, landlords should expect to demonstrate that the intention to sell is genuine and should retain evidence supporting their plans.
Recovering possession under this ground and then simply putting the property straight back onto the rental market can create serious problems because restrictions apply after possession has been obtained.
Landlords considering whether to retain, refinance or sell should therefore plan well before serving a possession notice.
Ground 8 — serious rent arrears
Rent arrears remain an important possession ground.
Ground 8 is mandatory where the relevant arrears threshold is satisfied both when notice is served and when the case reaches court.
For tenants paying monthly, the threshold under the post-May 2026 rules is generally at least three months’ rent arrears.
Accurate records are crucial.
Landlords should maintain a clear rent schedule showing:
- rent due;
- payments received;
- dates of payment;
- outstanding balances; and
- any repayment arrangements agreed.
Certain unpaid Universal Credit amounts can affect how the arrears are calculated for this ground, so landlords should be cautious about relying on headline figures alone.
Grounds 10 and 11 — other and persistent arrears
Ground 10 can potentially be used where some rent is unpaid even if the higher Ground 8 threshold has not been reached.
Ground 11 relates to persistent delay in paying rent.
Both are discretionary grounds.
This means a landlord may need to demonstrate not only the history of payment problems but also why possession would be reasonable in the circumstances.
Good record keeping becomes particularly important where landlords rely on a pattern of late or irregular payments.
Ground 12 — breach of the tenancy
Ground 12 concerns breaches of the tenancy agreement other than rent arrears.
The type of behaviour involved will depend upon the terms of the particular tenancy.
Again, this is discretionary, so landlords should document the alleged breach carefully.
Vague statements that a tenant has “broken the tenancy agreement” are unlikely to be as useful as dated correspondence, inspection reports, photographs and other clear evidence.
Grounds 7A and 14 — antisocial behaviour
Antisocial behaviour can provide grounds for possession, but different grounds apply depending upon the seriousness and circumstances.
Ground 7A covers certain serious antisocial behaviour and criminal conduct and can operate as a mandatory ground when its statutory conditions are satisfied.
Ground 14 is a broader discretionary ground covering nuisance, annoyance and certain antisocial conduct.
Landlords dealing with antisocial behaviour should build an evidence file rather than rely purely on verbal complaints.
That may include correspondence, incident logs, witness statements and information from the police or local authority where available.
Student properties and other specialist grounds
The possession regime contains numerous additional grounds covering particular situations.
These include grounds connected with:
- student accommodation;
- employment-linked accommodation;
- supported housing;
- redevelopment;
- mortgage repossession;
- the death of a tenant; and
- certain Right to Rent circumstances.
Some grounds also require particular information to have been provided before they can later be relied upon.
Landlords with unusual letting arrangements should therefore check the specific requirements rather than assuming one of the common grounds applies.
A notice is not an eviction
Serving the correct possession notice does not itself end the tenancy.
If the tenant remains after the notice period expires, the landlord will normally need to apply to the court for a possession order.
Landlords must not attempt to bypass that process by changing locks, removing belongings, disconnecting services or pressuring tenants to leave.
Evidence now matters more than ever
The end of Section 21 means landlords should think about possession long before they actually need it.
Tenancy records, rent schedules, correspondence, inspection reports and evidence of important decisions should all be retained systematically.
The central question is no longer simply:
“How much notice do I give?”
It is:
“What legal ground applies, and can I prove it?”
The rules discussed here apply to England. Wales, Scotland and Northern Ireland each operate different possession systems and landlords should use the procedure applicable to the nation where the property is situated.
NetRent’s Landlord Legal Updates will continue explaining important changes affecting the Private Rented Sector and how the position differs across the UK.
NetRent also supports landlords with landlord insurance, mortgages and property sales.
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Important information
NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.