Section 21 of the Housing Act 1988 served landlords well for decades. It was simple, reliable, and did not require you to prove a reason for wanting your property back. From 1 May 2026, it is gone. The Renters' Rights Act 2025 abolishes Section 21 entirely. But you can still regain possession of your property — you just need to use the right grounds and follow the correct process.
What Happened to Section 21?
Section 21 has been abolished by the Renters' Rights Act 2025. No more no-fault evictions. From 1 May 2026, all possession claims must be made under Section 8 of the Housing Act 1988. This means you must prove that one or more specific grounds for possession apply. The court will assess whether the ground is made out, and in the case of discretionary grounds, whether it is reasonable to make a possession order. This is a fundamental shift from the old system where you simply served a notice and waited.
Ground 1: You Want to Move In
Ground 1 allows you to regain possession if you or a close family member intends to occupy the property as their principal home. You must give the tenant four months' written notice. At the start of the tenancy, you should have given the tenant prior notice that you may seek possession on this ground. If you did not, the court can still make an order if it considers it just and equitable to do so, but this is not guaranteed. Ground 1 cannot be used during the first 12 months of the tenancy. This ground is mandatory, meaning the court must make a possession order if the ground is proved.
Ground 1A: You Want to Sell
Ground 1A is a brand new ground introduced by the Renters' Rights Act. It allows you to regain possession if you intend to sell the property. You must give the tenant four months' notice. Like Ground 1, this ground cannot be used during the first 12 months of the tenancy. This is a mandatory ground, so if you can prove your genuine intention to sell, the court must grant possession. This ground was introduced specifically to address concerns that abolishing Section 21 would leave landlords unable to exit the market.
Ground 6: Redevelopment
Ground 6 applies where you intend to demolish or substantially reconstruct the property, or carry out substantial works that cannot be done with the tenant in occupation. Four months' notice is required, and the ground cannot be used in the first 12 months of the tenancy. You will need to show the court evidence of your plans, such as planning permission, quotes from builders, or architectural drawings. This is a mandatory ground.
Ground 8: Serious Rent Arrears
Ground 8 is for serious rent arrears. The tenant must owe at least three months' rent at the date the notice is served and at the date of the court hearing. You must give four weeks' notice. This is a mandatory ground, meaning that if the arrears exist both when the notice is served and when the case reaches court, the court must grant a possession order. However, if the tenant pays down the arrears below the three-month threshold before the hearing date, the ground falls away. Keep careful records of all rent payments and arrears.
Ground 14: Anti-Social Behaviour
Ground 14 covers situations where the tenant, a member of the tenant's household, or a visitor has been guilty of conduct that is likely to cause nuisance or annoyance to anyone in the locality, or has been convicted of an offence committed in or near the property. The notice period is four weeks, or in some cases as little as two weeks where the behaviour is particularly serious. This is a discretionary ground, meaning the court decides whether it is reasonable to grant possession after considering all the circumstances. Evidence is critical — keep detailed records, logs of incidents, and any correspondence with the tenant or local authority.
The 12-Month Rule
One of the most important things to understand about the new possession grounds is the 12-month restriction. Most grounds, including Grounds 1, 1A, and 6, cannot be used during the first 12 months of a tenancy. This is designed to give tenants a minimum period of stability and prevent landlords from granting very short tenancies only to seek possession immediately. You need to plan accordingly. If you think you might want to sell or move into a property within the next year, think carefully before granting a new tenancy.
Notice Periods at a Glance
Here is a quick reference for the key notice periods. Ground 1 (moving in) requires four months' notice. Ground 1A (selling) requires four months' notice. Ground 6 (redevelopment) requires four months' notice. Ground 8 (serious rent arrears) requires four weeks' notice. Ground 14 (anti-social behaviour) requires four weeks' notice, or two weeks in the most serious cases.
What This Means in Practice
Regaining possession under the RRA requires more planning and documentation than the old Section 21 route. You need to select the correct ground, serve the correct notice in the correct form with the correct notice period, and be prepared to go to court if the tenant does not leave voluntarily. Keep meticulous records. Serve notices correctly and keep proof of service. Consider using template notices to make sure you include all the required information and do not make procedural mistakes that could invalidate your claim.
LandlordCheck includes Section 8 notice templates for Grounds 1, 1A, and 8 — pre-filled with your details. Generate your pack now.