On 1 May 2026, Section 21 of the Housing Act 1988 — the so-called 'no-fault eviction' route — was abolished in England. For the first time in nearly 40 years, landlords can no longer ask a tenant to leave without giving a legal reason. Every possession claim must now be made under Section 8, citing one or more of the 37 revised statutory grounds.
Why Section 21 Was So Widely Used
NRLA research found that 75% of landlords who had sought possession in recent years used Section 21. Crucially, the research also found that the most common underlying reasons were rent arrears (70% of cases) and anti-social behaviour (28%) — not a desire to evict without cause. Landlords used Section 21 because it was simpler and faster than the Section 8 process, not because they lacked a valid reason.
The 37 Revised Section 8 Grounds
The Renters' Rights Act has increased the number of Section 8 grounds from 17 to 37. They fall into two categories:
- Mandatory grounds: the court must grant possession if the ground is proven. Examples include Ground 1a (intent to sell), Ground 8 (serious rent arrears of at least two months).
- Discretionary grounds: the court has discretion and can dismiss or suspend the order even if the ground is proven. Examples include Ground 10 (some rent arrears), Ground 12 (breach of tenancy obligations).
- Rarely used grounds also exist, such as Ground 5 (property required for a minister of religion) — these remain on the statute book but are seldom relevant in practice.
The Court Waiting Time Problem
The most significant practical challenge with the new Section 8 regime is court capacity. Under the old system, straightforward Section 21 cases could be resolved on paper without a hearing. Under Section 8, every possession claim requires a court hearing. Before the Act came into force, average waiting times for possession hearings were already around eight months.
Government's Pledge on Court Digitisation
Housing Minister Matthew Pennycook has pledged government funding to improve the justice system and deliver end-to-end digitisation of the possession court process by April or May 2027. The fee increases taking effect from 13 July 2026 (see our separate article on court fee changes) are partly intended to fund these improvements.
What Landlords Need to Do Now
If you have not already done so, you need to:
- Familiarise yourself with the 37 Section 8 grounds and understand which are most likely to be relevant to your tenancies.
- Ensure all tenancy deposits are protected in a government-approved scheme — an unprotected deposit will block most possession grounds.
- Register on the PRS Database when it goes live — failure to register will also block possession grounds.
- Keep detailed records of all tenant communications, rent payments, and any maintenance issues — this evidence will be essential if you need to bring a possession claim.
- Use the new Form 3a for all Section 8 notices from 1 May 2026 — the old Form 3 is now invalid.
PDA Can Help You Navigate the New Process
The new Section 8 regime is significantly more complex than the old Section 21 process. PDA Letting Agents has an in-house landlord's solicitor who can advise you on the correct grounds to use, prepare and serve notices on your behalf, and represent you in possession proceedings if required. Contact us to discuss your situation.
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