Residential tenancies – Section 8 notices
As landlords and tenants will be aware, as of 1st May 2026, Section 21 notices for eviction have now been abolished under the Renters’ Rights Act (the ‘Act’). The only way to now evict a tenant under a private residential tenancy is via a Section 8 notice, which require a valid reason to evict a tenant, called ‘grounds for possession’.
The Act has amended many of the existing grounds for possession and introduced many new ones under Section 8 Housing Act 1988.
CHANGES
Mandatory grounds
Mandatory grounds for possession are grounds which landlords can use to evict a tenant, and the court does not have any discretion to grant the possession order if the applicable grounds are proven.
One of the main changes under the Act is that many grounds cannot be used within the first 12 months of a new tenancy. This includes:
- The landlord or their family members wanting to move into the property
- The landlord wanting to sell the property (a new ground as of May 2026)
Both grounds also require the landlord to give their tenant a 4-month notice period. The notice period relates to the length of time the landlord must give the tenant to vacate the property before they can apply to court for a possession order.
In relation to rent arrears, the new rules require a tenant to be at least 3 months’ arrears under a monthly tenancy or 13 weeks for a weekly / fortnightly tenancy (as opposed to 2 months or 8 weeks under the previous rules), before serving an eviction notice. The landlord will also need to give a 4 week notice period, which is double the length of time in comparison to the notice period previously.
Discretionary grounds
Discretionary grounds are not as simple, as it is up to the court to decide whether it is reasonable to evict the tenant based on the specific situation and circumstances.
There are still discretionary grounds relating to ‘any rent arrears’ and ‘persistent arrears’ which can be used to evict a tenant. These may apply where:
- The tenant is in less than 3 months’ rent arrears or
- If the tenant repeatedly delays paying their rent
The notice period for using these grounds has increased from 2 weeks to 4 weeks. However, as mentioned previously, the court may decide that eviction is not reasonable solely based on these grounds.
Two discretionary grounds which have remained the same is a breach of terms in a tenancy agreement (other than relating to payment of rent), and the tenant allowing the property to deteriorate. The notice period for these remains at 2 weeks’ notice, much shorter in contrast to other notice periods.
A landlord can still use various grounds relating to antisocial behaviour, and the notice periods of these remain shorter than the majority of all other notice periods.
For a full comprehensive guide on all the new and amended grounds for possession under Section 8, please visit the official government website.
Please note, this article is for information purposes only and is not intended to be used as legal advice. If you require any advice about the changes the Act has brought in, whether that be as a landlord seeking to evict a tenant through the Section 8 route, or as a tenant having been served with a Section 8 notice, Rawlins Davy Reeves is here to assist.
Please get in contact with our Landlord and Tenant solicitors on 01202 558844 or acrabbe@rawlinsdavyreeves.com (Alex Crabbe) or leveleigh@rawlinsdavyreeves.com (Lucy Eveleigh).
