Section 8 notices: a landlord's guide to possession in 2026

Since 1 May 2026, Section 21 — the so-called "no-fault eviction" — no longer exists. Serving a Section 8 notice is now the only legal route for landlords who need to regain possession of their property. And while that sounds straightforward, the process is more involved than Section 21 ever was, with specific grounds, specific notice periods, and specific forms that all need to be right.

We're not solicitors, and if you're facing a possession situation you should absolutely take legal advice. But having a working understanding of how Section 8 now operates is something every landlord needs. Here it is.

How Section 8 notices work

To regain possession under Section 8, you must serve a formal notice on the tenant citing one or more specific legal grounds. There's a prescribed form for this — since May 2026 it's Form 3A, which replaced the old Form 3 — and using the wrong form invalidates the notice entirely.

The grounds fall into two categories: mandatory and discretionary. Mandatory grounds require the court to grant possession if the landlord proves the ground applies — the judge has no discretion to refuse. Discretionary grounds leave the decision to the judge, who weighs whether it's reasonable to grant possession in the circumstances.

The main grounds landlords use — and their notice periods

Ground 1 — Landlord or family requires the property: The landlord (or a close family member) intends to move into the property as their principal home. Four months' notice required. Under the new rules, the landlord must have previously occupied the property as their own home at some point — you can't use this ground on a property you've never lived in.

Ground 1A — Landlord intends to sell: This is a new ground introduced by the Renters' Rights Act, specifically to replace one of the most common reasons landlords previously used Section 21. Four months' notice required. You'll need to demonstrate genuine intent to sell.

Ground 8 — Significant rent arrears: The tenant owes at least two months' rent at the time the notice is served and still owes it at the date of the court hearing. Four weeks' notice. This is a mandatory ground, but the arrears threshold must be met at both points — if the tenant pays down below two months before the hearing, the mandatory ground falls away.

Ground 7A — Serious anti-social behaviour: One month's notice. Covers criminal convictions, serious nuisance to neighbours, and similar. This is the fastest-moving ground in the current framework.

A critical point about deposits

We've covered deposit protection in a separate post, but it's worth flagging here too because the link is direct: for virtually every Section 8 ground — including Ground 8 rent arrears — you cannot serve a valid possession notice unless the tenant's deposit is properly protected in an approved scheme and the prescribed information has been served.

An unprotected deposit doesn't just expose you to a financial penalty. It blocks your ability to start possession proceedings at all. If your deposit paperwork isn't in order, sort it before you need to rely on Section 8.

How long does a Section 8 notice take?

This is one of the most common questions landlords ask, and the honest answer is: longer than most people expect. Once the notice period has expired and you've applied to court, the process to get a possession order typically takes several months — sometimes longer if the court is busy or the tenant contests. If bailiffs are then needed, that adds further time.

Section 8 is not a quick fix. The landlords who manage it most smoothly are those who start the process as soon as a problem becomes clear, have their paperwork in perfect order from day one, and take legal advice early rather than after things have escalated.

What the process looks like end to end

Once a valid notice is served and the notice period has expired, if the tenant hasn't left you apply to the court for a possession order. If the order is granted and the tenant still doesn't leave, you apply for a warrant for possession and bailiffs are instructed. At no point should you attempt to remove a tenant yourself or make the property uncomfortable to pressure them to leave — that's illegal regardless of the circumstances.

The honest takeaway

Section 8 works, but it requires more preparation and patience than Section 21 ever did. The landlords who navigate it smoothly are those who've kept their paperwork clean throughout the tenancy — protected deposit, prescribed information served, all safety certificates current. When everything is in order from the start, Section 8 becomes a process rather than an ordeal.

For everything on the maintenance and compliance side — keeping your certificates current, getting properties between tenancies, reactive repairs — we're here. Call us on 020 7993 8277 or email info@lapps.co.uk.

Legal disclaimer: The information in this post is provided for general guidance purposes only and does not constitute legal advice. Possession law is complex and highly fact-specific — we strongly recommend seeking advice from a qualified solicitor before serving any notice or beginning possession proceedings. LAP Property Services accepts no liability for any decisions made in reliance on this content.

LAP Property Services provide property maintenance, electrical, gas, and compliance services to landlords and letting agents across London. Visit www.lapps.co.uk to find out more.