# Landlord possession grounds after Section 21 ended > Mortgages & first homes · Last updated 25 September 2026 Canonical HTML: https://moneyguide.org.uk/mortgages/landlord-possession-grounds/ Markdown mirror: https://moneyguide.org.uk/mortgages/landlord-possession-grounds.md ## Quick answer From 1 May 2026, England landlords must use Section 8 with a specified possession ground — mandatory grounds require the court to grant possession if proved, while discretionary grounds let the court decide if eviction is reasonable. ## Who should skip this Skip this page if you need a personal recommendation or a live quote. This is general UK information — confirm today's figures with the official source linked below. Section 21 no-fault evictions ended in England on 1 May 2026 when the Renters' Rights Act 2025 took effect. Landlords who need their property back must now rely on amended Section 8 grounds, serve the correct notice period, and prove their case in court. This guide summarises the new framework. It is information only, not legal advice. ## Key facts - Section 21 was abolished from 1 May 2026 — all possession claims must use Section 8 grounds - Mandatory grounds require the court to grant possession if the landlord proves the ground - Discretionary grounds allow the court to decide whether eviction is reasonable even if the ground is met - Most grounds require a prescribed form 3A notice with a minimum notice period before court action ## Mandatory and discretionary grounds Mandatory grounds include serious rent arrears, anti-social behaviour, property sale (ground 1A), landlord or family moving in (ground 1), and redevelopment. If you prove the ground at court, the judge must grant a possession order. Discretionary grounds cover persistent late rent, some arrears, tenancy breaches and nuisance. The court weighs whether granting possession is reasonable — tenants can argue why they should stay. ## Notice periods and restrictions Each ground has its own minimum notice period — for example, four months for grounds 1 and 1A (sale or moving in), which cannot expire in the first 12 months of a tenancy. Some grounds require you to have told the tenant in advance that you might rely on them. Serve form 3A stating the full wording of each ground relied on. If the tenant does not leave, apply to court and bring evidence — rent statements for arrears, witness statements for anti-social behaviour, or sale contracts for ground 1A. ## Compliance before seeking possession Ensure the deposit is protected and prescribed information served — courts generally cannot grant possession on most grounds if not. Comply with gas safety, EPC and licensing requirements in your area. Tenants can defend claims and access free advice through the Housing Loss Prevention Advice Service. Courts expect landlords to follow the pre-action protocol for rent arrears where applicable. ## Frequently asked questions ### Can I still use a Section 21 notice served before 1 May 2026? Only where the notice was served before 1 May 2026 and court proceedings were issued in time — by 31 July 2026 at the latest. A section 21 notice can't be used to start new proceedings now. Seek legal advice on any existing case. ### What counts as serious rent arrears? Ground 8 is mandatory where at least three months' rent is unpaid both when notice is served and at the hearing. Grounds 10 and 11 cover other arrears; they are discretionary, so the court decides, and also need four weeks' notice. ### Do the new grounds apply in Wales? No. This guide covers England. Wales retains its own possession notice system, including section 173 notices for no-fault possession in some cases. ## Primary source https://www.gov.uk/government/publications/grounds-for-possession-guidance-for-landlords-and-letting-agents/grounds-for-possession-guidance-for-landlords-and-letting-agents ## Related - [Renters' Rights Act: tenant guide](https://moneyguide.org.uk/mortgages/renters-rights-act-tenant-guide/) - [Landlord deposit protection](https://moneyguide.org.uk/mortgages/landlord-deposit-protection/) --- Independent UK money guidance from [Money Guide](https://moneyguide.org.uk). Information only — not regulated financial advice.