Tenants and Section 8: A Landlord’s Next Steps

Tenants and Section 8: What Landlords Need to Know Now Section 21 Has Gone

A difficult tenancy can turn a property from an investment into a constant source of worry. For landlords dealing with tenants and Section 8, the question is usually whether to seek possession, sell the property, or find another way to stop the situation taking over their life. The right answer depends on the tenancy, the reason you need to act and how urgently you need certainty.

The rules changed significantly on 1 May 2026, when the main parts of the Renters’ Rights Act 2025 came into force in England. Section 21 “no-fault” notices were abolished, and a Section 8 notice is now the only way for a private landlord to start possession proceedings. Section 8 is a useful legal route, but it is not a quick fix, and serving notice does not automatically mean a tenant must leave. Understanding the new process before you act can help you avoid delays, unnecessary conflict and costly mistakes.

What changed on 1 May 2026

The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, and its first and biggest phase took effect on 1 May 2026. For landlords seeking possession in England, the key changes are:

• Section 21 has gone. You can no longer serve a Section 21 notice. Any Section 21 notice served before 1 May 2026 had to be used to start court proceedings by 31 July 2026 at the latest, and that window has now closed.
• Tenancies are now periodic. Existing assured shorthold tenancies automatically became assured periodic (rolling) tenancies on 1 May 2026. Fixed terms no longer exist for private tenancies, and tenants can end the tenancy by giving two months’ notice.
• Possession runs through Section 8 only. To regain possession you must rely on one or more legal grounds and be able to prove them.
• The grounds and notice periods have changed. There are new grounds, including one for selling the property, and most notice periods are longer than before.
• There is a new form. Private landlords must use the new Form 3A. The old Form 3 is now for social landlords only.
• Penalties are tougher. Councils can fine landlords for misusing a possession ground or trying to end a tenancy outside the legal process, with penalties of up to £40,000 for the most serious breaches.

Further changes are still to come. A mandatory Private Rented Sector Database and a new Landlord Ombudsman are due to be introduced from late 2026, with a Decent Homes Standard for private rentals to follow. You can read the government’s guide to the Renters’ Rights Act for the full picture.

What tenants and Section 8 means in practice

Section 8 refers to the possession process in the Housing Act 1988, as amended by the Renters’ Rights Act. It now applies to almost all private assured tenancies in England, including the former assured shorthold tenancies that converted on 1 May 2026.

A landlord serves notice stating which legal ground or grounds they rely on. Some grounds are mandatory, meaning the court must grant possession if the ground is proved. Others are discretionary, meaning a judge will also decide whether giving possession is reasonable in all the circumstances.

That distinction matters. A notice may look straightforward, but a case can still be delayed or dismissed if the wrong form is used, the notice period is too short, the ground is not proved, or the court weighs the circumstances differently.

A Section 8 notice is not an eviction in itself. It starts a legal process. If the tenant does not leave once the notice period has ended, the landlord must apply to court for a possession order. If the tenant stays beyond the date in that order, only county court bailiffs or authorised High Court enforcement officers can lawfully carry out the eviction.

Changing the locks, removing a tenant’s belongings, cutting off utilities or pressuring a tenant to leave outside this process can amount to unlawful eviction or harassment. Under the new rules, even trying to end a tenancy verbally, rather than through the Section 8 process, can lead to a council fine. However serious your financial pressure, it is vital to follow the correct route.

When might a Section 8 notice be appropriate?

The most commonly used grounds for private landlords since 1 May 2026 are summarised below. This is a simplified guide, not the full legal wording, so always check the current government guidance before serving notice.

Rent arrears

Rent arrears remain the most common reason landlords use Section 8, but the bar is now higher. For the mandatory Ground 8, at least three months’ rent must be owed both when notice is served and at the court hearing. Before 1 May 2026 the threshold was two months’ rent and the notice period two weeks. If the tenant pays the balance below three months before the hearing, Ground 8 fails.

For that reason, landlords usually cite Grounds 8, 10 and 11 together on the same notice, so the discretionary grounds remain available. Arrears that exist only because a Universal Credit housing payment has not yet reached the tenant are excluded from the Ground 8 calculation.

Arrears cases are not always as clear-cut as they first seem. A tenant may dispute the amount owed, make a late payment, raise concerns about disrepair, or be waiting for a benefit issue to be resolved. A claim can take longer than expected, especially if it is defended or the local court is busy.

Damage, nuisance and other breaches

Section 8 may also be appropriate where there has been damage, nuisance or a serious breach of the tenancy terms. Evidence is essential. Keep a calm, dated record of communications, inspections, rent statements, photographs and any reports made to the police or local authority. Accusations without evidence are hard to rely on in court.

Before serving notice, consider whether an honest conversation could resolve the issue. A repayment plan or an agreed surrender may sometimes be quicker and cheaper than a contested court claim. That will not suit every case, particularly where safety is at risk, but it is worth considering where communication is still possible.

Check the tenancy and paperwork first

Possession law is technical, and it has just changed. Notices and templates from before May 2026 are now out of date, so relying on an old online form or another landlord’s advice can easily create an avoidable problem. A notice served on the old Form 3, or with the old ground wording or notice periods, is likely to fail.

Before serving notice:

• Download the current Form 3A from GOV.UK and use the up-to-date wording of each ground.
• Check the tenancy agreement, the rent account and any previous notices.
• Confirm the deposit was protected and the prescribed information was given.
• Make sure existing tenants received the government’s Renters’ Rights Act information sheet, which was due by 31 May 2026.
• Gather your evidence for each ground you intend to rely on.

If you are unsure, speak with a solicitor or a suitably qualified housing adviser. Getting advice at the start can be far less costly than restarting a possession claim months later.

Section 8 and the Renters’ Rights Act apply to England only. Landlords in Wales work under the Renting Homes (Wales) Act 2016 and occupation contracts, while Scotland has private residential tenancies and its own eviction process through the First-tier Tribunal. If your property is outside England, follow the law for that nation rather than assuming the same notice applies.

Selling a property with a tenant in place

You do not always need vacant possession to sell. A property can be sold with the tenant in situ, which may suit another landlord looking for an established rental income. The tenancy simply continues, and the buyer takes over as landlord with the existing rights and responsibilities, including the deposit and safety obligations.

The trade-off is that the buyer will assess more than bricks and mortar. They will want to see the rent being achieved, any arrears, the tenancy agreement, deposit protection, compliance certificates, the property’s condition and the tenant relationship. A tenant paying reliably at a sensible market rent can be an asset. A long-running dispute, poor condition or substantial arrears may reduce buyer interest or the offer.

Our guide on how to sell a rental property with tenants explains the options in more detail.

Selling with vacant possession: the new Ground 1A

Selling empty can widen the pool of buyers, particularly owner-occupiers. Unless the tenant chooses to leave, the route to vacant possession for a sale is now usually the new Ground 1A. It comes with strict conditions:

• At least four months’ notice is required.
• The notice cannot end within the first 12 months of the tenancy.
• If the tenant does not leave, you still need a court order.
• If the sale does not go ahead, you cannot re-let the property, or market it to let, for 12 months after the notice period ends. Breaking this rule is an offence, with fines of up to £40,000.

In practice, a landlord who serves a Ground 1A notice and then cannot sell could be without rental income for 16 months or more. If mortgage payments, repairs, tax bills or other costs are mounting up, waiting that long may not be practical.

A direct sale

For some landlords, the most workable option is a direct sale to a buyer prepared to take on a tenanted property. This can remove the uncertainty of viewings, a lengthy chain, and an open-market buyer withdrawing after learning about the tenancy. It also avoids the Ground 1A notice period and re-letting restriction. It may not achieve the same price as a patient open-market sale with vacant possession, but certainty and speed have value when a property is becoming a burden.

Quick Property Sale can discuss a direct sale for property portfolio landlords with tenanted, vacant or difficult-to-sell properties, with no obligation to proceed. The useful starting point is a clear conversation about the tenancy, your timeline and what you need the sale to solve.

Avoid making the tenant’s situation harder than it needs to be

A business decision does not have to become a personal battle. Tenants may be facing their own pressures, from job loss and illness to delays in housing support. That does not remove your right to pursue rent owed or seek possession where it is justified, but respectful communication can reduce the chance of the matter escalating.

Be clear about what is happening, put important points in writing and avoid promises you cannot keep. If you intend to sell, explain only what you know, and do not suggest that a sale automatically ends the tenancy. If the property is sold with the tenant in place, the new owner takes over as landlord.

If a tenant is vulnerable or at risk of homelessness, they may need time to speak to their local council or an independent adviser. A sensible, lawful approach protects everyone involved and helps prevent last-minute surprises.

Decide based on the problem you actually need to solve

It is easy to focus only on the notice when the underlying problem is wider. Perhaps rent arrears are affecting your ability to pay the mortgage. Perhaps you inherited a rental property you do not want to manage. Perhaps one troublesome property is draining time and money from the rest of your portfolio.

In those cases, ask yourself what a successful outcome looks like:

• Recovering rent and keeping the property? A Section 8 claim on the right grounds may be worth pursuing.
• Ending your responsibilities quickly? Selling with the tenant in place may be the more realistic route. Our guide to the best exit for a bad buy-to-let compares the options.
• The best possible price, with time to wait? Gaining vacant possession under Ground 1A before an open-market sale may still be your preference, as long as you can carry at least four months of notice plus any court time.

There is no single answer for every landlord. What matters is choosing a route that is legal, financially realistic and manageable for your circumstances. A property should not leave you feeling trapped. Taking calm advice, keeping good records and acting early can give you a clearer way forward.

This article is general information about the law in England as at October 2026 and is not legal advice. Always check the latest GOV.UK guidance or speak to a solicitor before serving notice.

← Back to Sell My House FastBrowse all Property Guides