Since 1 May 2026, a landlord in England who wants a tenant to leave must use a Section 8 ground, give the notice that ground requires, and go to court if the tenant does not leave. There is no reason-free route left. This guide sets out which ground fits which situation, how much notice each needs, and what can stop a claim before it starts.
CortexaProp is the ownership visibility platform for overseas owners of UK property. The aim here is to help you ask your agent or solicitor better questions, not to replace them. Every figure below comes from GOV.UK or legislation.gov.uk, and where the official pages are silent, this article says so.
What is the possession route now that Section 21 has ended?
The possession route is a Section 8 notice, then a court order if the tenant does not leave, then a warrant for bailiffs if they still do not. GOV.UK states that landlords cannot use the Section 21 process and need a legal reason to evict, which means citing one or more Section 8 grounds in the notice.
The last day a Section 21 notice could be served was 30 April 2026. GOV.UK confirms that from 1 May 2026 you can no longer issue Section 21 notices for existing or new tenancies. Existing assured shorthold tenancies converted to assured periodic tenancies on 1 May 2026, so the grounds below apply to most private lets in England.
Our earlier piece on the end of Section 21 covers the transition dates. This one is about the practical question that follows: you need the property back, so what do you actually do?
Which ground should you use if you want to move in?
Ground 1 covers a landlord or close family member moving in. It is a mandatory ground, meaning the court must grant possession if the ground is proven. GOV.UK gives the notice period as four months.
The Act sets out who counts. Under Schedule 1 of the Renters' Rights Act 2025, the qualifying occupier is the landlord, their spouse or partner, or their parent, grandparent, sibling, child or grandchild. A child or grandchild of the landlord's spouse or partner also counts, and half-blood relationships are treated as full-blood. The landlord, or a qualifying person, must need the home as their only or principal home.
That last test deserves a plain look if you live abroad. Whether your plans, or a relative's, meet the only-or-principal-home test is a question for a solicitor, and worth asking before any notice is served.
Which ground should you use if you want to sell?
Ground 1A covers a landlord who intends to sell. It is also mandatory, and GOV.UK gives four months' notice. Under Schedule 1, the landlord must intend to sell a freehold or leasehold interest, or to grant a lease of more than 21 years that they cannot end early.
Evidence matters because a court decides whether the ground is proven. GOV.UK's guide to the Act gives the example of an estate agent's and solicitor's involvement as the kind of proof a court may weigh for a sale. Keep instructions to the agent and any solicitor in writing.
One narrow exception exists. Regulation 5 of S.I. 2026/421 says Ground 1A does not apply to a legacy assured tenancy, meaning one entered into before 1 May 2026 that was not an assured shorthold tenancy immediately before that date. Most ordinary buy-to-lets will not be in that category, but confirm your tenancy type before relying on this ground.
What is the 12-month rule, and does it stop you serving notice?
The 12-month rule means you cannot use Ground 1 or Ground 1A in the first 12 months of a new tenancy. GOV.UK states it plainly: you cannot ask your tenant to leave for these reasons within the first 12 months.
The timing turns on when the notice expires. According to GOV.UK, notice can be given within the first 12 months, but it cannot expire before those 12 months end. So a landlord planning a sale can sometimes serve notice early, as long as the four months do not run out inside the protected year.
GOV.UK's guide to the Act adds a second restriction: a landlord who uses Ground 1 or 1A cannot market or re-let the property for 12 months afterwards. For an owner who might change plans, that is worth knowing before notice goes out.
How do you recover rent arrears under Ground 8?
Ground 8 is the mandatory rent arrears ground. GOV.UK says the tenant must owe at least three months' rent (or 13 weeks if rent is paid weekly or fortnightly) on the day you give notice, and still owe it on the day of the hearing. Notice is four weeks.
The two-point test is the part owners miss. If a tenant clears part of the debt between notice and hearing, and the balance drops below the threshold, the mandatory ground may no longer be available. Schedule 1 also provides that amounts of housing-related Universal Credit that are unpaid only because the award has not yet been paid are ignored. GOV.UK puts this simply: arrears caused by unpaid Universal Credit do not count.
Where an agent collects the rent, the agent holds the ledger, not the owner. Ask for a clear arrears statement at each step, with the dates the balance crossed the threshold.
What are the discretionary and anti-social behaviour grounds?
Discretionary grounds let the court ask whether eviction is reasonable. Ground 10 covers any rent arrears and Ground 11 covers persistent late payment, both with four weeks' notice. Ground 12 covers breach of a tenancy term other than rent, with two weeks' notice. Ground 14 covers anti-social behaviour and has no notice period, though the court cannot make an order for 14 days from the notice date.
Ground 7A, for severe anti-social or criminal behaviour, is mandatory rather than discretionary, with the same 14-day bar. That matters because it is easy to assume every behaviour-based ground leaves the outcome to the judge.
With a discretionary ground, the judge has more room to weigh the circumstances than with a mandatory one. GOV.UK says a notice can cite one or more grounds, so whether to cite Ground 10 alongside Ground 8, for example, is a question for your solicitor.
How much notice does each ground need?
Notice depends on the ground. GOV.UK's grounds guidance lists four months for Grounds 1 and 1A, four weeks for Grounds 8, 10 and 11, two weeks for Ground 12, and no notice period for Grounds 14 and 7A, subject to the 14-day bar before a court can make an order.
These periods are the minimum before you can apply to court, not a guarantee that possession follows on the date notice ends. A tenant who does not leave on that date triggers the next step, which is a court application.
For an owner abroad, the four-month grounds deserve early planning. If you intend to sell or move in, the notice clock, the 12-month rule and any agent handover period all run against each other. Starting the conversation with your agent a year ahead costs nothing and avoids discovering a conflict after the notice is already served.
What can block a possession claim before it reaches court?
The most immediate block is an unprotected deposit. GOV.UK says a court will not make a possession order unless the deposit was protected in a government-approved scheme and the required information was given, or it was returned, or the tenant's challenge was resolved in court. GOV.UK's guide to the Act says this restriction does not apply to the anti-social behaviour grounds.
A second block is coming but is not live. The PRS Database is due to begin rolling out from late 2026, with registration mandatory. According to GOV.UK's guide to the Act, landlords in breach of the duty to register will not be able to get a possession order, except under Ground 7A or Ground 14. Because the database has not opened, this cannot block anyone yet.
GOV.UK also says landlords can rectify non-compliance, so these are fixable problems, not permanent bars. A missing deposit protection record found early is cheap to put right. Found at a hearing, it can cost months.
What happens at court once the notice has expired?
If the tenant has not left, you apply to the court for a standard possession order. GOV.UK says to complete forms N5 and N119 and send them to the local court that deals with housing possession. If the claim is for rent owed, the Possession Claim Online service is an option, and its page lists a £415 fee.
If the tenant does not follow the order, you can apply for a warrant for possession, which lets bailiffs remove them. GOV.UK's pages do not give timescales for this stage, or the fee for the paper route or the warrant.
GOV.UK's guide to the Act says landlords must go to court if a tenant does not leave, and must provide evidence that the ground applies. For mandatory grounds, the court must award possession if the ground is proven. For discretionary grounds, the court decides whether eviction is reasonable.
Can you handle a possession hearing from abroad?
The honest answer is that GOV.UK's possession pages do not say. They do not address whether a landlord can attend a hearing remotely, send an agent, or be represented by a solicitor in their place. We have not found an official statement either way, so this article does not make one.
What can be said is practical. The evidence for a hearing, such as the arrears ledger, deposit certificate, tenancy documents and any sale or occupation paperwork, has to be ready and in the right hands. An owner in another time zone usually depends on their agent or a solicitor for that.
Before any notice is served, ask your solicitor who attends, who holds the evidence, and how you will be reached if the court needs something quickly. Those answers cost little to get early and a great deal to need late.
What should you ask your agent or solicitor now?
Start with four questions. Which ground fits my situation, and why? Is my deposit protected, with the right paperwork on file? What is the exact tenancy start date, given the 12-month rule? Who prepares and presents the evidence at a hearing?
A good agent should answer these without difficulty, and many will welcome the prompt. They are the party with the ledger, the deposit record and the tenant relationship, so framing this as working together on a plan is more useful than testing them.
If you plan to sell or move in within a year, add a fifth: does the notice date work against the 12-month rule, and does the four-month period fit our timeline? Asking before you need possession lets everyone plan instead of react.
How does CortexaProp help overseas owners with possession?
CortexaProp reads your property from the owner's seat and keeps regulatory status, documents and exposure in one view you share with your agent. For possession, that means the pieces a claim depends on, like a protected deposit and current compliance paperwork, are visible to you before a dispute starts, not found missing at a hearing.
We do not choose grounds, prepare court papers or predict outcomes. That is for your solicitor. What we can do is show you where your property currently stands against rules that are already active, and flag what is coming, such as the PRS Database, while it is still cheap to act.
A free Risk Scan takes about 20 seconds and needs no card.
This article is general information, not legal advice. Possession law depends on the facts of each tenancy, and grounds, notice periods and procedure can change. Consult a qualified solicitor before serving notice or starting a court claim.
Key takeaways
- ✓Since 1 May 2026, the only route to possession in England is a Section 8 ground, with a court application if the tenant does not leave.
- ✓Move-in (Ground 1) and sale (Ground 1A) are mandatory grounds with four months' notice, and neither can be used in the first 12 months of a tenancy.
- ✓Rent arrears (Ground 8) needs at least three months' arrears (13 weeks if paid weekly or fortnightly) at both notice and hearing, with four weeks' notice.
- ✓A court will not make a possession order if the deposit was not properly protected, though GOV.UK says some deposit problems can be put right.
- ✓The PRS Database, due from late 2026, will block possession orders for unregistered landlords except on Grounds 7A and 14, but it is not live yet.
- ✓GOV.UK's possession pages do not say whether a landlord abroad can attend a hearing remotely or send a representative, so ask your solicitor early.
Frequently asked questions
Can I still evict a tenant without giving a reason?
No. Section 21 ended on 1 May 2026, and GOV.UK confirms you can no longer issue Section 21 notices for new or existing tenancies. Every possession claim now needs a Section 8 ground, and the court must be involved if the tenant does not leave.
How long do I have to wait to sell a property with a tenant in it?
Ground 1A needs four months' notice, and GOV.UK says you cannot use it in the first 12 months of a new tenancy. Notice can be given within that first year, but it cannot expire before the 12 months end, so the earliest possible date depends on when the tenancy began.
How much rent must be owed for mandatory possession?
At least three months' rent for monthly payments, or 13 weeks for weekly or fortnightly payments. GOV.UK says the arrears must exist on the day notice is given and on the hearing date, and arrears caused by unpaid Universal Credit do not count.
Can I get possession if I have not protected the deposit?
Not until the position is dealt with. GOV.UK says a court will not make a possession order if the deposit was not protected in an approved scheme, unless it was returned or the tenant's challenge was resolved. The restriction does not apply to the anti-social behaviour grounds, and GOV.UK says some compliance failures can be rectified, so check early.
Do I need to be registered on the PRS Database to get possession?
Not yet. The database is due to roll out from late 2026 and registration will be mandatory. GOV.UK's guide says landlords in breach of the duty to register will not be able to get a possession order, except on Grounds 7A and 14, once the duty applies.
Sources
- GOV.UK — Grounds for possession: guidance for landlords and letting agents
- GOV.UK — Guide to the Renters’ Rights Act
- GOV.UK — Renters’ Rights Act: an overview for landlords
- legislation.gov.uk — Renters’ Rights Act 2025, Schedule 1 (grounds for possession)
- legislation.gov.uk — S.I. 2026/421, regulation 5 (legacy assured tenancies and Ground 1A)
- GOV.UK — Apply for a standard possession order
- GOV.UK — Possession Claim Online
- GOV.UK — Implementing the Renters’ Rights Act 2025: roadmap
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