Section 8 vs Section 21: what changed in 2026

Section 21 vs Section 8 is no longer a choice for private landlords in England. Section 21 "no-fault" notices were abolished for private tenancies on 1 May 2026, and the last chance to start a court claim on an older section 21 notice passed on 31 July 2026. Every landlord who needs a property back now serves a Section 8 notice on Form 3A and proves a legal ground in court.

Section 21 vs Section 8: the key differences

The difference between Section 8 and Section 21 comes down to reasons. Section 21 let a landlord recover possession of an assured shorthold tenancy without giving a reason. Section 8 has always required a ground for possession. Here is how the two compare:

	Section 21 (before 1 May 2026)	Section 8 (now)
Status for private landlords	Abolished on 1 May 2026	The only route to possession
Reason needed	None	At least one ground from Schedule 2 to the Housing Act 1988
Form	Form 6A	Form 3A
Notice period	Fixed by the section 21 rules	From none to 4 months, depending on the ground
What you must prove in court	That the notice and its preconditions were valid	That the ground applies, and for discretionary grounds that an order is reasonable
Compliance preconditions	Deposit, gas safety record, EPC, How to Rent guide and licensing	Deposit rules block the order on most grounds; gas, EPC and How to Rent are not preconditions
Court route	Often the accelerated procedure (N5B), usually decided on paper	Standard claim on N5 and N119 with a hearing; Possession Claim Online for rent-arrears-only claims
Penalties added on 1 May 2026	Not applicable	Council penalties of £7,000 to £40,000 for defective notices, misuse of grounds and re-letting after Ground 1 or 1A

Section 8 or 21: which can you use now?

Only Section 8. For private landlords:

• the last day a section 21 notice could be given was 30 April 2026;
• a section 21 notice served before 1 May 2026 could only be used if the court claim was requested within its "applicable period", which ended no later than 31 July 2026;
• if the claim was requested in time, that notice stays valid until those proceedings finish; otherwise it has lapsed.

So, apart from a narrow breathing-space exception, no new claim can be started on a section 21 notice today. Our section 21 notice guide explains the transitional rules in full.

Which Section 8 ground replaces each old section 21 reason?

Section 21 didn't need a reason, but you will usually have one. Match it to a ground:

Why you used to serve section 21	Section 8 ground now	Notice	Watch out for
Selling the property	Ground 1A	4 months	Not in the first year; 12-month re-let and marketing ban; not for old-style assured tenancies that were never ASTs
You or family moving in	Ground 1	4 months	Not in the first year; 12-month re-let ban; evidence of genuine need
Rent arrears you couldn't prove easily	Grounds 8, 10 and 11	4 weeks	Ground 8 needs 3 months' or 13 weeks' arrears at service and at the hearing
Antisocial behaviour	Grounds 7A and/or 14	None	Evidence: convictions, logs, witness statements
Breaking the tenancy terms	Ground 12	2 weeks	Discretionary: the court must find it reasonable
Damage	Grounds 13 and/or 15	2 weeks	Inventory and photo evidence
Major refurbishment	Ground 6	4 months	Tenancy must have begun 6 months before the notice date; work must need the home empty
Licensing or enforcement problems	Ground 6B	4 months	The court may order you to compensate the tenant
Student HMO turnover	Ground 4A	4 months	Written statement before the tenancy; notice date 1 June to 30 September
"The fixed term has ended"	None		Fixed terms no longer have any effect, so there is no end date to rely on

If none of these fits, you can't recover possession just because you'd prefer the property back. The tenant can still choose to leave by giving you at least 2 months' notice to quit, and you can agree a shorter period in writing. But a landlord's own notice to quit has no effect, and trying to end the tenancy that way can bring a £7,000 penalty.

What the switch means in practice

• Evidence matters more. You must prove your ground, often at a hearing. Keep rent schedules, inventories, photos, letters and agent instructions from the start.
• Notice periods vary. Choosing a 4-month ground can add months to an arrears case. The Section 8 notice periods guide shows each one.
• Discretionary grounds are uncertain. On grounds such as 10, 11, 12 and 14 the court decides whether an order is reasonable and can suspend it. See mandatory vs discretionary grounds.
• The deposit rule moved to the order. An unprotected deposit doesn't invalidate a Section 8 notice, but it stops the court making an order on most grounds.
• Tenants are more likely to defend. Tenants facing possession can get free advice through the Housing Loss Prevention Advice Service.
• It takes time. Official figures for April to June 2026 show a median of 24.6 weeks from claim to repossession for private landlords' standard claims, before you add the notice period.

What stayed the same

• You still need a court order, and only county court bailiffs or High Court enforcement officers can evict. Changing the locks yourself is illegal eviction, with a council penalty of up to £40,000 or prosecution.
• The notice must still be in the prescribed form, served on every tenant, with a date you can prove.
• You can still claim rent arrears in the same possession claim.

What to do next

Work out which ground fits your situation using the full list of Section 8 grounds, then check the dates and evidence for that ground. When you're ready, ValidNotice suggests the grounds that match your answers and fills in Form 3A for you. Start with the Section 8 notice guide.