Since 1 May 2026, a private landlord in England can no longer use a Section 21 "no-fault" notice to end an assured tenancy. To get a room or house back, you must rely on one of the grounds for possession in the Housing Act 1988, give the tenant a Section 8 notice on Form 3A with the right notice period, and, if they don't leave, apply to court. GOV.UK says the notice period will usually be 4 months if the tenant hasn't done anything wrong, and can be shorter if they're at fault. This guide is an overview only: possession is an area where mistakes are expensive, so get legal advice before you serve notice.
What changed on 1 May 2026
The Renters' Rights Act 2025 changed how private tenancies work. From 1 May 2026, assured shorthold tenancies became assured periodic tenancies and Section 21 evictions were abolished. The government's guide to the Act explains the changes. Tenancies now run on until the tenant gives notice or the landlord gets possession on a ground. See periodic tenancies: what changed for the wider picture.
What about notices given before that date? GOV.UK says a Section 21 notice given before 1 May 2026 could usually only be used to start court action for up to 6 months from when it was served, or until 31 July 2026, whichever came first. After 31 July 2026, it usually can't be used at all, so you'd need to serve a new Section 8 notice.
For landlords, the practical change is that every possession case now needs a reason the law recognises and evidence to prove it.
The basic process
1. Choose the right ground
The grounds are listed in Schedule 2 to the Housing Act 1988, and the procedure is in section 8. The government's grounds for possession guidance lists them all with their notice periods.
2. Give notice on Form 3A
GOV.UK says you must fill in form 3A of the assured tenancy forms. The current form, with guidance on filling it in, is on the page for assured tenancy forms for privately rented properties from 1 May 2026. The notice must state the ground or grounds you're relying on.
3. Wait for the notice period
The notice period depends on the ground. GOV.UK says it "will usually be 4 months if your tenant has not done anything wrong", may be 2 months in some specialist cases, and may be shorter if the tenant is at fault. The tenant doesn't have to leave during the notice period.
4. Apply to court if needed
If the tenant doesn't leave, you apply to court. GOV.UK says that if you gave a section 8 notice on or after 1 May 2026, you'll usually have up to 12 months to apply. The court process is explained on GOV.UK's pages on standard possession orders and possession hearings and orders.
5. Never evict without a court order
Only a court bailiff, acting on a court warrant or writ, can remove a tenant. Changing the locks or cutting off services such as electricity to force someone out can be illegal eviction or harassment. GOV.UK says this can lead to prosecution or a fine of up to £40,000: see harassment and illegal evictions.
Mandatory and discretionary grounds
GOV.UK explains that with a mandatory ground, if your evidence proves the ground is met, the court must give you a possession order. With a discretionary ground, you need to prove it and the court then decides whether it's reasonable to evict, so it can refuse even if the ground is proved.
The grounds most room landlords will meet
The table below summarises grounds from the government's grounds for possession guidance. It isn't complete; check the guidance and the Act for the full conditions before relying on any ground.
| Ground | In short | Type | Notice |
|---|---|---|---|
| 1 | You or close family want to live there | Mandatory | 4 months |
| 1A | You want to sell | Mandatory | 4 months |
| 2 | Your lender wants to sell | Mandatory | 4 months |
| 4A | Shared house let to full-time students, needed for a new group of students | Mandatory | 4 months |
| 6 | Redevelopment | Mandatory | 4 months |
| 7A | Severe antisocial or criminal behaviour | Mandatory | Can apply to court immediately |
| 7B | The Home Office has told you the tenant has no right to rent | Mandatory | 2 weeks |
| 8 | Serious rent arrears | Mandatory | 4 weeks |
| 10 | Any rent arrears | Discretionary | 4 weeks |
| 11 | Persistently late rent | Discretionary | 4 weeks |
| 12 | Breach of the tenancy | Discretionary | 2 weeks |
| 13 | Condition of the property has got worse | Discretionary | 2 weeks |
| 14 | Antisocial behaviour | Discretionary | Can apply to court immediately |
| 15 | Condition of the furniture has got worse | Discretionary | 2 weeks |
| 17 | False statement to get the tenancy | Discretionary | 2 weeks |
Moving in or selling (grounds 1 and 1A)
GOV.UK says you cannot evict your tenant in the first 12 months of the tenancy if it's because you or a close family member need to move in, or you want to sell. The grounds guidance says you can give notice during the first 12 months, but the notice can't end before those 12 months are up.
Once you serve notice on either ground, the law stops you letting the property, or marketing it to let, for a set time. Under section 16M of the Housing Act 1988, that period starts on the day you serve the notice and ends 12 months after the date given in the notice. In practice that's around 16 months for a 4-month notice. Breaking this rule is a criminal offence, and the council can instead fine you up to £40,000 (sections 16J and 16K).
In a house let by the room, think carefully and take advice before relying on these grounds for a single room.
Student shared houses (ground 4A)
Ground 4A only works in narrow cases. GOV.UK's landlord guide says, among other conditions, that the property must be a shared house (the legal term is HMO) let to full-time students, you must have told the tenants in writing before the tenancy was agreed that you might use this ground, the tenancy must have been agreed no more than 6 months before it started, and the 4 months' notice must end between 1 June and 30 September.
Rent arrears (grounds 8, 10 and 11)
The mandatory ground 8 needs at least 3 months' rent unpaid if rent is paid monthly, or 13 weeks' rent if it's paid weekly or fortnightly, both on the date you give notice and at the hearing. If the tenant pays off enough before the hearing, ground 8 can't be used. Rent that's unpaid only because the tenant hasn't yet received their Universal Credit is ignored when working out the arrears (Schedule 2). Ground 10 covers any arrears and ground 11 covers persistent late payment; both are discretionary. Many landlords include more than one arrears ground in the notice; get advice on how to do that.
Behaviour and breaches (grounds 7A, 12, 14)
Antisocial behaviour in a shared house affects everyone who lives there. With grounds 7A and 14, you can apply to court straight after giving notice, but the grounds guidance says the court can't make a possession order until 14 days after the date you gave notice. Ground 12 covers other breaches of the tenancy terms, such as house rules written into the agreement. All of these need evidence.
Deposits and possession
If you took a deposit, GOV.UK says the court will only make a possession order if one of these applies:
- you've returned the deposit in full, or with agreed deductions;
- the tenant has taken a court case about deposit protection and it has been decided, settled or withdrawn; or
- you still hold the deposit in a government-approved scheme.
If you still hold the deposit at the hearing, you must show it's protected, that you followed the scheme's rules and that you gave the tenant the prescribed information. These deposit rules don't apply to the antisocial behaviour grounds 7A and 14. See tenancy deposit protection.
Evidence wins or loses cases
The court decides on evidence. Start keeping it long before you think you might need it:
- Rent records: what was due, what was paid and when, for each tenancy, and a running balance.
- Communication: messages, emails and letters about arrears, complaints and repairs.
- Incidents: dates, what happened, who reported it, photos, and any police or council reference numbers.
- The tenancy agreement and anything that changed it, such as rent changes and the notices you gave.
- Compliance: deposit protection and prescribed information, safety certificates, licence documents.
Shared houses and lodgers
In a house let by the room, each tenant usually has their own tenancy of their room, so a possession claim is normally about one tenancy, not the whole house. Where several people share one joint tenancy of the whole house, the position is different; see tenancy agreements for a room.
If you live in the property as your main home and the person shares your kitchen, bathroom or living room, they're usually a lodger and an excluded occupier, not an assured tenant. The Section 8 process doesn't apply to them. GOV.UK says you only need to give reasonable notice, often one rent period. A lodger in your home who doesn't share any living space with you is an occupier with basic protection, and you'd need a court order if they won't leave. See lodger or tenant.
Worked example
This is an invented example, simplified to show the steps. It isn't advice about any real case.
Sam lets five rooms in a house in Leeds. The tenant of Room 3 pays £600 a month on the 1st. From March she pays nothing.
- 1 June: by now three monthly rents (March, April, May) are unpaid and a fourth is due, so she owes more than 3 months' rent. Sam has a statement showing each rent due and every payment since the tenancy began, and copies of his messages asking about the arrears.
- Advice: Sam speaks to a solicitor, who checks the tenancy, the deposit protection and the prescribed information, and recommends a Form 3A notice relying on grounds 8, 10 and 11.
- Notice: the notice is served properly and Sam keeps proof of how and when.
- After 4 weeks: the tenant hasn't paid or left. Sam's solicitor applies to court within the time allowed.
- Hearing: for ground 8, the arrears must still be at least 3 months' rent on the day of the hearing. If the tenant has paid some of it off, the court may consider grounds 10 and 11 instead, which are discretionary.
Throughout, Sam doesn't change the locks or remove any belongings.
How Rentap helps
Rentap keeps the records a possession case relies on, but it doesn't give legal advice, decide which ground applies or produce Form 3A.
- Rent records: every rent due and every payment for each tenancy, with a balance and statement you can download. See rent tracking.
- Overdue list: who is behind and by how much. Overdue in Rentap means past the due date; it isn't a legal judgement.
- Notice and ending: record who gave notice, when, and the expected move-out date on the tenancy.
- Issues: complaints and repairs keep a dated timeline with photos. See issues and repairs.
- Deposits: record the deposit, when you received it and what was returned.
For the terms used here, see our glossary of letting terms. For deposits, see tenancy deposit protection.
Sources
- Renters' Rights Act 2025 (legislation.gov.uk)
- Renting is changing (UK government)
- Guide to the Renters' Rights Act (GOV.UK)
- Housing Act 1988, section 8 and Schedule 2 (legislation.gov.uk)
- Housing Act 1988, sections 16J, 16K and 16M (legislation.gov.uk)
- Grounds for possession: guidance for landlords and letting agents and the full guidance (GOV.UK)
- Assured tenancy forms for privately rented properties from 1 May 2026 (GOV.UK)
- Evicting tenants: giving notice (GOV.UK)
- Assured periodic tenancies: a guide for landlords, ending a tenancy (GOV.UK)
- Standard possession orders (GOV.UK)
- Possession hearings and orders (GOV.UK)
- Harassment and illegal evictions (GOV.UK)
- Your lodger's tenancy type (GOV.UK)
Last checked: 10 October 2026. This guide is general information, not legal advice.