Section 21 ends: what possession options do landlords have now?

Today (31 July 2026) is the very last day that landlords can issue proceedings to evict tenants under the no-fault Section 21 procedure (save where tenants are in a breathing space).

From now on, landlords of assured tenancies will need to use one of the other statutory grounds for possession set out in the Housing Act (Schedule 2).

The possession grounds in Schedule 2

This was heavily amended by the Renters Rights Act 2025. As the no-fault ground was being removed, the remaining grounds needed to enable landlords to recover possession in all reasonable circumstances.

Note that some grounds are mandatory (where the Judge must make a possession order if the ground is made out, whereas others are discretionary (where the Judge has a discretion whether to grant a possession order).

Here are the main grounds that landlords will be able to use to recover possession moving forward. But first we need to consider

The Section 8 notice

There is now a new notice for landlords to use when seeking possession. It is form 3A. You need to be careful when serving notice that you have the correct form and have completed it correctly.

Landlords also need to be aware that Local Authorities have increased powers to issue Civil Penalty Notices of up to £7,000 or £40,000 in some cases, if notices are being used inappropriately.

For example:

• Attempting to end the tenancy by a ‘notice to quit’ – maximum penalty £7,000
• Attempting to end the tenancy orally (ie just telling the tenant to leave) – maximum penalty £7,000
• Serving a ‘purported notice of possession’ (e.g. a section 21 notice which will now be invalid) – maximum penalty £7,000
• Relying on a possession ground without reasonably believing that you will be able to obtain possession on that ground – maximum penalty £7,000
• Re-letting within 12 months of using one of the two no-fault grounds – maximum penalty £40,000

There are other grounds for issuing a Civil Penalty Notice. A full list is available in the Landlord Law Dealing with Local Authority Enforcement Kit.

The two ‘no fault’ grounds

It is not correct to say that there is no longer any ‘no fault’ ground landlords can use to recover possession. There are two.

• Ground 1 – where the property is required for the landlord and/or a member of his family to live in
• Ground 1A – Where the landlord requires vacant possession in order to sell the property.

In both cases, possession cannot be required during a 12-month restricted period. Special rules determine when that period begins and may extend it where proceedings are issued.

Landlords who do this can also be the subject of a Rent Repayment Order.

The student ground – Ground 4A

If a letting is by an educational institution, they can use ground 4. The ground for ‘ordinary’ landlords is ground 4A. However, there are strict conditions for its use:

• The tenant, or all the tenants if they have a joint tenancy, were full-time students when they signed the tenancy, or you reasonably expect them to become full time students during the tenancy
• You are intending to let to full-time students when you next let the property
• The tenancy agreement was entered into no more than 6 months before the tenancy start date
• The property is a house in multiple occupation (HMO) or is part of a HMO
• You gave your tenants written notice that you may evict them under ground 4A before they signed the tenancy
• You gave your tenants 4 months’ notice of your intention to evict them – the notice period must end between 1 June and 30 September

Note that this means that many student landlords will be unable to evict students under this ground – for example if the property is occupied by just two people and so is not an HMO.

Further guidance on this ground is available for Landlord Law members, plus the Landlord Law APT agreements include an option to incorporate a ground 4A notice.

Employees – ground 5C

This ground applies where accommodation has been let under an assured tenancy in consequence of the tenant’s employment.

It should be distinguished from a service occupancy, where occupation is required for the proper or better performance of the employee’s duties and the occupier may have a licence rather than a tenancy.

The conditions for its use, and recommended procedures are:

• The property must have been let to the tenant “in consequence of the tenant’s employment”.
• Ideally, there should be a written contract of employment in place, which should be kept with the tenancy agreement documents.
• It would be helpful if the accommodation is referenced in the job offer and/or contract of employment. If so, keep copies of this also with the tenancy documentation.
• It must be clear from your paperwork that the accommodation was provided to the tenant only because they are an employee.
• If the accommodation is intended only for the early part of the tenant’s employment, this should be expressly stated.
• The landlord must have given prior notice to the tenant that Ground 5C may be relied upon.

Ground 5C can be used where:

• The employee has left the employment, or
• Where the accommodation was provided to assist the tenant in the early part of their employment and is now required for another employee.

Further guidance is available for Landlord Law members, plus Landlord Law APT agreements include an option to incorporate a ground 5C notice.

Serious rent arrears – ground 8

This is probably the ground which will be used most often. It was the ‘real’ reason why many landlords used the section 21 procedure.

It has, however, been amended:

• The arrears should now be 3 months/13 weeks rather than 2 months/8 weeks
• The notice period is now 4 weeks rather than 2 weeks
• Arrears caused by the non-payment of Universal Credit to the tenant cannot count towards the arrears figure.

This all means that the arrears will be higher before landlords can commence the eviction procedure.

As possession proceedings can take between six and 12 months (or sometimes more) before possession is obtained, landlords should consider helping tenants to pay rather than moving immediately to eviction.

For example by

• Helping tenants with claims for benefits (this website can help https://www.entitledto.co.uk/)
• Helping tenants source help to pay utilities and other bills
• Helping them apply for grant aid (this website can help https://grants-search.turn2us.org.uk/).

We have more detailed guidance available for Landlord Law members.

Other grounds for possession

The grounds listed above are the ones landlords will probably use the most. However, there are many others, including grounds

• Where the landlord needs to carry out substantial building works
• Where the landlord needs vacant possession to comply with enforcement actions
• To use after the death of the tenant
• To evict based on anti-social behaviour
• Where the tenant has no right to rent.

Further information is available to Landlord Law members on these and other grounds.

Possession after service of a tenant’s notice to quit

Finally, although landlords cannot serve a valid notice to quit, tenants can. Amendments to the Protection from Eviction Act provide that tenants in assured periodic tenancies can end their tenancy after service of a valid notice to quit.

The notice can be served by all or just one of joint tenants and will (if property drafted) end the tenancy for all.

However, if they change their mind, or if their co-tenants wish to remain in the property, the notice to quit can only be withdrawn if

• the landlord and all the tenants agree to this in writing, and
• This is done before the notice takes effect.

If the notice is not withdrawn and the tenants remain in occupation after it expires, landlords will be entitled to bring possession proceedings because:

• the tenancy has been ended by the tenant’s notice to quit; and
• the former tenants remain in occupation without any continuing right to occupy.

Note that if you want to use this procedure, you should be careful not to do anything after the notice expires which could inadvertently create a new tenancy.

Be aware that a possession order is needed – you will make yourself liable for serious penalties if, for example, you evict the tenants yourself by changing the locks.

Detailed guidance is provided to Landlord Law members on what to do on receipt of a tenant’s notice to quit.

And finally

In view of the potential penalties for getting things wrong, landlords now need to be extremely careful about

• What they say to tenants about wanting to recover possession
• The notices they serve and
• The eviction claims they bring.

Some cases, for example, many claims based on rent arrears, will be straightforward. Many of these claims will be suitable for landlords to bring acting ‘in person’ so long as care is taken.

However, for most situations, the safest course of action is for landlords to take legal advice and ideally use solicitors to draft possession notices and act in proceedings.

Landlord Law provides detailed guidance to members on Local Authority enforcement powers and how to bring proceedings for possession without using a solicitor.