Section 21 is Being Abolished
The Renters’ Rights Act abolishes no-fault evictions under Section 21. If you need to recover possession of your property after May 2026, the process has fundamentally changed. GU Law can help you understand your options and take the right steps.
What is Changing and Why It Matters
What was Section 21? Section 21 of the Housing Act 1988 allowed landlords to recover possession of their property without giving a specific reason, provided the correct notice was served. This route to possession is now abolished under the Renters’ Rights Act.
What replaces it? Landlords must now rely on Section 8 of the Housing Act 1988 to seek possession. This means demonstrating that one or more specific legal grounds apply to your situation — such as rent arrears, breach of the tenancy agreement, or a wish to sell or move into the property.
Why does this matter? The Section 8 process comes with strict procedural requirements. Serving an incorrect notice, relying on the wrong ground, or missing a procedural step can result in your possession claim being dismissed by the court. Getting the process right from the start is essential.
Key Section 8 Grounds for Possession
The following are among the most commonly used grounds under the new framework. Which ground applies will depend on your specific circumstances.
Ground 1A
Landlord wishes to sell the property
Mandatory
Ground 1
Landlord or close family member requires the property to live in
Mandatory
Ground 8
Serious rent arrears
Mandatory
Ground 10
Some rent arrears
Discretionary
Ground 12
Breach of tenancy obligations
Discretionary
Ground 14
Nuisance or antisocial behaviour
Discretionary
Mandatory grounds mean the court must grant possession if the ground is established. Discretionary grounds give the court flexibility to consider the full circumstances. A solicitor can advise which ground is most appropriate for your situation.
What Landlords Should Do Now
1. Review your existing tenancy agreements Check whether your agreements are compliant with the new legislation. Outdated or poorly drafted agreements can undermine a possession claim.
2. Identify the correct ground for possession Not every situation will fit neatly into a single ground. Taking advice at an early stage helps you proceed on the strongest footing.
3. Serve the correct Section 8 notice The notice must be in the prescribed form and served correctly. An invalid notice will cause delay and may result in your claim being struck out.
4. Follow the pre-action requirements For rent arrears claims, there are steps a landlord is expected to take before issuing proceedings. Failing to follow them can affect the outcome of your claim.
5. Seek legal advice before issuing court proceedings Court possession claims are procedurally complex. Acting without advice can be costly and time-consuming if things go wrong.
How GU Law Can Help
GU Law advises London landlords on all aspects of the new possession process. Whether you are dealing with rent arrears, a breach of tenancy, or a wish to sell or move back into your property, we can provide clear, practical guidance at every stage.
- Advising on which Section 8 ground applies to your situation
- Drafting and serving a valid Section 8 notice
- Reviewing your tenancy agreement for compliance with current legislation
- Advising on rent arrears and pre-action steps
- Guiding you through the court possession process
- Preparing or reviewing a Renters’ Rights Act compliance audit
Get Clear Advice on Recovering Your Property
Every landlord situation is different. Book a consultation with GU Law and get practical advice on recovering your property under the new rules from a solicitor who understands the Renters’ Rights Act and what it means for you.