The rental market in England is going through one of its biggest legal changes in years.
With the trusty Section 21 “no-fault” eviction having its last hoorah on the 30th April, Section 8 notices are now becoming the main route landlords will use to regain possession of a property.
For tenants, that means more protection.
For landlords, it means having a valid legal reason to serve notice, matters more than ever.
So, what has actually changed?
A Section 8 notice to gain possession of the property has always been there and was typically used when a landlord wants possession of a property when a specific legal ground applies.
Common reasons include:
- rent arrears
- anti-social behaviour
- breach of tenancy
Unlike the old Section 21 process, landlords now need to rely on a recognised legal ground with the new and extended Section 8 process.
The new Ground 1a is one of the biggest additions allowing landlords to regain possession if they intend to sell.
This ground cannot be used during the first year of the tenancy, and longer notice periods apply (4 months).
If this ground is cited, tenants vacate and the landlord places the house on the sales market, but it fails to sell – you cannot re-let for 12 months.
This effectively replaces one of the key reasons landlords previously relied on Section 21.
Landlords can also still seek possession under Ground 1 if they or a close family member genuinely intend to move into the property.
Ground 8 still applies for serious rent arrears, but the threshold has increased.
Instead of 2 months’ arrears, tenants generally now need to be 3 months behind before landlords can rely on the mandatory ground. Importantly, the arrears usually still need to exist at the court hearing.
Therefore, it would be worth a landlord also using the below discretionary grounds within the notice.
Ground 10 – Some rent arrears outstanding
Ground 11 – Persistent delay in paying rent
Ground 12 – Breach of tenancy agreement
On the topic of rent arrears, there is also a new Ground 8A — Persistent Rent Arrears. This new ground is aimed at tenants who repeatedly fall into arrears but reduce the balance shortly before court proceedings.
If there is a history of persistent arrears, landlords may still be able to seek possession.
To rely on these grounds, accurate rent records are now essential.
For landlords, the days of simply serving a Section 21 notice are ending.
The new Section 8 regime means landlords now need to rely on specific legal grounds to regain possession of a property — and that comes with much stricter rules around compliance, paperwork, evidence, and notice procedures.
In short, mistakes are becoming far more expensive. A simple paperwork error can delay possession claims for months or even cause cases to fail completely.
That’s why compliant and qualified agents like Lawton & Dawe are becoming more valuable than ever.
Efficient agents already have systems in place to track and manage this information properly
What this means for our Tenants
Tenants now have greater security because landlords must show a valid legal reason for eviction.
But Section 8 notices still carry serious consequences.
Tenants should:
- check whether the notice is valid
- seek advice early
- keep records of communication
- continue paying rent wherever possible
Essentially, section 8 notices are no longer the backup option — they are now central to the possession process.
For landlords, the focus is shifting toward evidence and compliance.
For tenants, there is more protection against unfair eviction, but understanding the new grounds is still crucial.
One thing is clear: both sides will need to pay much closer attention to the rules moving forward, and we are here to support you through the changes.
To see the full list of Section 8 grounds, please visit;
