The UK government has confirmed that under the Renters’ Rights Bill it will outlaw Section 21 of the Housing Act and strengthen Section 8.
The aim of these changes is to make it easier for landlords to reclaim control of their properties.
Landlords will be able to regain possession of their properties from anti-social tenants and sell their properties when they need to.
What Is Section 21?
Landlords can evict their tenants under Section 21 by providing them with two months’ notice once their fixed-term contract has come to an end.
Under Section 21, landlords are not required to provide their tenants with a reason for the eviction, hence the term “no-fault” eviction. In contrast, to serve a Section 8 notice, the landlord has to prove that the tenant has broken the terms of the tenancy agreement.
What Changes Will Be Made to Section 21?
One of the changes in the Renters' Rights Bill is to abolish Section 21 eviction notices, thereby ending “no-fault” evictions and converting all tenancies to periodic.
A periodic tenancy is one that continues for successive periods until the tenant notifies the landlord that he or she wants to end it. In other words, there will be no set end date on a tenancy.
What Do These Changes Mean for Landlords and Tenants?
Once Section 21 has been abolished, landlords will always have to provide their residents with a valid reason for ending a tenancy, for example, breach of contract or wanting to sell the property. Section 8 ensures that landlords can gain possession of their properties from anti-social tenants.
Tenants will be able to choose to end the tenancy at any time, as long as they provide two months' notice to the landlord.
This new single system for all private rented tenancies means that there will be no set end date on a tenancy. In some instances, such as the landlord wishing to move into the property or to sell it, they will not be able to evict a tenant within the first six months of the contract start date.
How repealing Section 21 could affect landlords' long-term strategy
Without the option of a no-fault eviction, landlords may need to implement more stringent referencing and affordability checks and be more proactive in managing issues during the tenancy.
Some landlords may respond by:
- Adjusting screening processes: With longer tenancies likely, landlords may invest more time in tenant referencing to avoid future disputes.
- Reconsidering risk appetite: Lettings of less than six months will become riskier, especially if the property may need to be recovered quickly.
- Factoring in longer timelines for sales: Landlords with a tenanted property who are planning to exit the market will need to build in extra time for issuing a notice and attending to court proceedings.
- Adapting investment strategy: With all tenancies becoming rolling agreements, landlords may reassess their portfolios to reduce risk and improve stability. This could involve focusing on properties in areas where tenants tend to stay longer - such as those near schools or long-term employment hubs - and attracting tenant types more likely to treat the property as a long-term home.
What Is The Transition Plan?
The Renters Rights Bill is expected to receive Royal Assent in summer 2025, which means it will officially become law. However, key reforms, like the abolition of Section 21, won’t take effect immediately.
The government has confirmed that Section 21 will only be scrapped once the newly introduced digital courts system is fully operational and able to handle possession claims efficiently. This is to ensure landlords can still access timely resolutions when seeking to regain their properties.
When Section 21 is abolished, the transition to the new system will take place in two stages.
- Stage one will convert all new tenancies to periodic.
- Stage two will move all existing tenancies to the new system.
What Is a Section 8 Notice?
A Section 8 notice is issued to end an assured tenancy and it can help landlords to repossess their rental property. This type of notice is served when a landlord has the authority to regain possession of his or her property, but it can only be issued if certain criteria are breached by the tenant.
This differs from a Section 21 notice, which is commonly known as a "no-fault" eviction.
What Are the Proposed Changes to the Grounds for Section 8?
The government says it is reforming Section 8 grounds to be comprehensive, fair, and efficient, striking a balance between protecting tenants’ security and landlords’ right to manage their property.
A Section 8 notice can only be issued to a tenant who has breached the terms laid out in the tenancy agreement and if certain conditions have been met, the most common being rent arrears. The Housing Act 1988 provides 17 grounds on which a landlord may seek possession before the fixed term of the tenancy has ended.
The landlord cannot evict the tenant without first obtaining an order for possession from a court. Before applying to the court for such an order, the landlord must serve a Section 8 notice to the tenant. The notice states that the landlord intends to seek possession of the property and the reasons or grounds for which possession is sought.
New Grounds Under Section 8
A ground to move into the property
If a landlord wants to move into the property in order to live there, a Section 8 notice can be served to the tenant. There are three provisos to this ground:
- The landlord or the landlord’s partner must have previously lived at the property.
- Living in the property does not extend to the landlord’s children or extended family unless they move in with the landlord.
- Landlords may not use this ground during the first six months of a tenancy.
A ground to sell the property
The government will introduce a new Section 8 ground for possession when the landlord wants to sell a property. However, landlords will not be able to apply this ground in the first six months of a tenancy.
A ground for repeated rental arrears
Landlords can regain control of their property if the tenant has breached the prescribed period of outstanding rental payments.
However, landlords have found this contravention difficult to prove because tenants can reduce their arrears to just below the prescribed threshold. When this occurs, the landlord has to begin the possession claim process from the start.
No matter what the tenant’s arrears balance is at the hearing, the eviction will be enforced if the tenant has been in two months’ arrears on three occasions within the past three years.
Existing rent arrears eviction notice to increase
The notice period for existing rent arrears eviction ground will increase to four weeks. Tenants who receive welfare payments will be granted more protection (and time) if late welfare payment is the reason they have exceeded the mandatory arrears threshold.
Changes to evictions for anti-social behaviour
For criminal or serious anti-social behaviour, notice periods will be lowered, and the government will look for ways to provide support to help landlords and tenants resolve any issues at an earlier stage.
Six-month restriction on evictions to be introduced
The Renters Rights Bill will also introduce a rule preventing landlords from regaining possession of a property within the first six months of a tenancy, regardless of the grounds used.
This restriction applies even in cases where the landlord wants to sell the property or move in themselves, both of which are new grounds added to Section 8.
The aim is to give tenants greater security at the start of a tenancy and reduce the risk of short-term lets being used as a workaround to bypass reforms.
There are some exceptions. In serious cases, such as anti-social behaviour or significant rent arrears, landlords can still apply for possession earlier.
Landlords should plan accordingly, particularly if they anticipate needing to sell or occupy the property. This may mean reconsidering short fixed terms or ensuring they have flexibility built into their portfolio.
Grounds 1 to 17 of Section 8
Let’s take an in-depth look at the different grounds for eviction set out in section 8.
But first, you need to understand the difference between mandatory and discretionary grounds.
Mandatory vs Discretionary Grounds: What Landlords Need to Know
There are two types of grounds under Section 8. They define how much control the judge has over the final decision.
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Mandatory grounds mean the court must grant possession; provided the landlord can prove the claim. There’s no leeway or interpretation involved. If the evidence holds up, eviction is automatic.
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Discretionary grounds, on the other hand, give the judge more flexibility. The court will weigh up the facts and may decide not to evict, even if the tenant has breached the agreement. Judges often consider factors like the tenant’s personal circumstances, repayment efforts, or whether the issue has been resolved.
Ground 8, rent arrears of more than 2 months, is the only mandatory ground.
Ground 1: Landlord taking property as their own home
This ground is used when a landlord wants to live in the rental property. It applies when a landlord previously lived in the property as the main home. The notice period is usually 2 months.
Ground 2: Mortgage property
If a property was subject to a mortgage before the start of the lease, and the mortgage lender needs vacant possession of the property in order to sell it, this ground can be used. The notice period is usually 2 months.
Ground 3: Holiday let
This ground is used when the property was used as a holiday let anytime within 12 months of the tenancy starting, and the term of the present tenancy is less than 8 months long. The notice period is usually 2 weeks.
Ground 4: Property let to an educational institution
This ground is used when the property was used as student accommodation anytime within 12 months of the tenancy starting, and the term of the present tenancy is less than 12 months long.
Student accommodation is a lease granted to a person studying at a specified educational institution, and that institution usually owns the property. The notice period is usually 2 weeks.
Proposed Possession Ground for Student HMOs
Under the Renters' Rights Bill, Ground 4A is a proposed addition to the Section 8 possession grounds.
It allows landlords to regain possession of properties let to full-time students in Houses in Multiple Occupation (HMOs) at the end of the academic year.
This ground aims to align tenancy cycles with academic calendars, ensuring that student housing remains available for incoming students each year
Key Points:
- Applicability: Ground 4A applies exclusively to HMOs occupied by full-time students. It does not extend to one- or two-bedroom properties or non-HMO student accommodations.
- Notice Requirements: Landlords must serve a notice to tenants before the start of the tenancy, informing them that possession may be sought under Ground 4A at the end of the academic year. The notice period for this ground is four months.
- Timing: Possession under Ground 4A can only be sought between June 1 and September 30, aligning with the typical end of the academic year.
- Purpose: This ground is intended to provide landlords with the ability to prepare their properties for the next cohort of students, maintaining the cyclical nature of student housing.
Ground 5: The property is let to a religious organisation
A property is required for a minister of religion to live in.
Ground 6: Refurbishment
When a landlord wants to reconstruct or carry out significant works on part or all of the property, and the work cannot reasonably be done with the tenant living on the premises, this ground may be used. The landlord is not obliged to find alternative housing for the tenant but has to cover reasonable removal costs. The notice period is usually 2 months.
Ground 7: Death of the tenant
This ground is when the tenant themselves has died and someone else has inherited the tenant. Court proceedings for repossession must start within 12 months of the tenant dying or the landlord becoming aware of the tenant’s death. The notice period is 2 months long.
Ground 7A: Serious anti-social behaviour
This absolute ground for possession applies when one of the conditions below is satisfied. The notice period is 1 month long.
- The tenant or anyone living in or visiting the property is convicted of a serious offence under Schedule 2A of the Housing Act 1985.
- The tenant or anyone living in or visiting the property failed to prevent nuisance or annoyance.
- The tenant or anyone living in or visiting the property breaches a criminal behaviour order which bans a certain activity.
- A closure order (court order prohibiting access to certain premises) is issued against the property and the tenant is banned from the property for over 48 hours.
- The tenant or anyone living in/visiting the property is convicted of an offence related to noise nuisance.
Ground 7B: No right to rent
This ground applies when the landlord has been served a notice by the Home Secretary that one or more of the tenants in the property has no right to rent due to their immigration status. The notice period is 2 weeks.
Ground 8: Serious rent arrears
This ground is used when there is a significant amount of unpaid rent by the date the Section 8 is issued. The notice period is usually 2 weeks. If rent is due weekly or fortnightly, at least 8 weeks’ rent must be unpaid.
If rent is due monthly, at least 2 months’ rent must be unpaid. If rent is due quarterly, at least 3 months’ rent must be unpaid. If rent is due annually, at least 3 months’ rent must be unpaid.
Ground 9: Alternative accommodation
This ground is used when alternative accommodation will be made available to the tenant if an eviction is granted, and the landlord will cover reasonable removal costs. The notice period is usually 2 months but under current COVID-19 laws, it is 4 months long.
Ground 10: Rent arrears
This ground is used when any amount of rent is in arrears on the date the Section 8 Notice is served and the date of the hearing. The notice period is usually 2 weeks.
Ground 11: Persistent late rent
This is a ground for when the tenant has persistently delayed paying rent which has become lawfully due. This ground can be served whether or not any rent is in arrears on the date on which proceedings for possession are begun, and can be served:
- 4 weeks’ notice where arrears are at least 4 months.
- 4 months’ notice where arrears are less than 4 months.
- From 1 August 2021- 2 months’ notice where arrears are less than 4 months.
Ground 12: A breach of the tenancy agreement excluding rent payment
Ground 12 can be served if there is a breach of the tenancy agreement which means that an obligation of the tenancy (excluding the payment of rent) has been broken. The notice period is 4 months.
Ground 13: Deterioration of the property
The deterioration of the property must be the result of waste, or neglect of the tenant or another person residing on the property. If the deterioration is caused by waste from a sub-tenant or lodger, the tenant must take steps to remove them.
Ground 14: Causing a nuisance or annoyance
Ground 14 is used when the tenant or a person residing or visiting the property has been guilty of causing or likely to cause a nuisance to the landlord. Ground 14 can also be served if the tenant or a visitor is caught using the property for immoral or illegal purposes. The proceedings for evicting a tenant under ground 14 may be commenced immediately after service of notice.
Ground 14A
Ground 14A can be served with 2 weeks’ notice and can be used for social tenancies where one partner has left and is unlikely to return because of violence or threats of violence by the other partner.
Ground 14ZA
Ground 14ZA can be served with 2 weeks’ notice when the tenant has been convicted of an indictable offence that took place at the scene of a riot in the United Kingdom.
Ground 15
Ground 15 can be served with 4 months’ notice if the tenant has deteriorated furniture provided for use under the tenancy.
Ground 16
Ground 16 can be served with 4 months’ notice when the tenant was an employee of the landlord and obtained the property as part of employment, but is no longer an employee.
Ground 17
Ground 17 can be served with 2 weeks’ notice when the tenant has knowingly or recklessly provided a false statement used by the landlord to grant the tenancy.
How to Serve a Section 8 Notice
When serving a section 8 notice, a landlord or agent must fill in a Form 3 specifying the grounds for seeking possession of the property. If multiple grounds are used (excluding ground 14 or 7A), the notice will be the higher of the notice periods relevant to those grounds.
Landlords can then apply to the court for a possession order if the tenants do not leave by the date specified in the served Form 3.
Other grounds that are sometimes used by private landlords include:
- Ground 12—breach of the tenancy agreement.
- Ground 13—damage to property.
- Ground 15—damage to furniture.
There is no minimum notice period with ground 14 for anti-social behaviour. Your landlord could apply to court as soon as they give you the notice.
How to Check whether your notice is valid
A Section 8 notice must include:
- The right amount of notice (at least 2 weeks).
- A date when court action can begin.
- The grounds for possession and an explanation of why these grounds are being used.
Can there be more than one reason for issuing a Section 8 notice?
Yes, landlords can list more than one ground for possession on a Section 8 notice.
If we take the issue of rent arrears again, if a tenant were three months late on payments, the landlord could issue three grounds for possession:
- Ground 8—rent arrears of more than 2 months.
- Ground 10—rent arrears regardless of the threshold.
- Ground 11—consistently late rental payments.
In many cases, Ground 8 is the only mandatory reason. In many cases, this could lead to eviction. However, if the tenant were able to pay back one month’s worth of rent, they would be below the threshold for mandatory grounds for possession.
This leaves grounds 10 and 11—both discretionary reasons for possession. In these instances, the court will take other circumstances into consideration to decide whether or not the tenant should be evicted. For instance, if the tenant had lost their job or there had been delays in Housing Benefit payments.
What happens if tenants refuse to leave after a Section 8 notice is issued?
If tenants don’t leave by the date set out in the notice, landlords can formally begin a ‘possession claim’ and take the tenants to court.
If this happens, court papers will be sent, and the landlord will have the opportunity to list their reasons for possession and the tenants can list their reasons for defending it.
The next step is a review of all the paperwork sent by both parties. If this is all in order, a formal possession hearing in court will be scheduled and a decision will usually be made on the same day. If the court rules that tenants must leave, they’ll be given a minimum of 14 days to do so.
How to evidence anti-social behaviour under Section 8
Anti-social behaviour (ASB) has been a longstanding challenge for landlords. It’s often difficult to prove and even harder to resolve.
With the removal of Section 21, landlords will no longer be able to evict tenants without stating a reason. This makes it even more important to document any anti-social behaviour properly.
If you plan to issue a Section 8 notice based on anti-social behaviour (e.g. Grounds 7A or 14), you’ll need to gather clear, objective evidence. This might include:
- Written complaints from neighbours or other tenants
- Police or environmental health reports
- Audio or video recordings of noise or harassment
- Chronologies or incident logs, showing repeated disturbances
- Copies of communication with the tenant, showing efforts to resolve the issue informally
Judges are more likely to grant possession where a clear pattern of behaviour is shown and where it’s evident that the landlord made reasonable attempts to intervene before seeking eviction.
In cases where the behaviour is serious or criminal (such as violence or threats), the court process can move more quickly, with shorter notice periods.
How to prepare for a court case
Once you have served a Section 8 notice to your residents, the strength of your court case will depend on how well you’ve prepared.
Judges assess each claim based on whether the landlord has followed the correct legal process, provided clear evidence of the breach, and demonstrated that eviction is a reasonable outcome.
If any of these elements are missing the court can reject the claim, even if the tenant has broken the terms of the tenancy.
Here’s how to improve your chances of a successful possession order:
✅ Keep detailed records from day one: Log all interactions with your resident, including payment history, complaints, inspection reports, and any written correspondence. A timeline of events can help demonstrate repeated breaches or patterns of behaviour.
✅ Gather supporting evidence early: Don’t wait until you're in court to start gathering proof. For example:
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Missed rent: Bank statements, rent schedules, or accounting software exports
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Anti-social behaviour: Police reports, witness statements, or noise recordings
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Property damage: Photographs, contractor quotes, or inventories
✅ Follow proper notice procedures: Even if the resident is clearly in breach, the court can dismiss your case if the paperwork is incorrect. Ensure your Form 3 is filled out accurately and that notice periods align with the relevant grounds.
✅ Anticipate and prepare for tenant defences: Common defences include disrepair claims or harassment allegations. Review your maintenance records and ensure you’ve responded to repair requests promptly and professionally.
✅ Seek legal support if unsure: If you’re unfamiliar with court proceedings or if the case involves complex grounds (like Ground 7A or multiple breaches), it’s worth getting legal advice to avoid delays or costly rejections.
A well-prepared case not only increases the likelihood of gaining possession - it can also speed up the process and reduce the need for multiple hearings.
How landlords can minimise financial loss
For landlords, dealing with defaulting tenants and the expense of eviction can be stressful. However, the financial impact can be tempered with suitable cover. For instance, rent guarantee insurance can help recoup rent arrears and legal expenses can cover the cost of professional advice and court fees.
PHOTO BY EVO
