What to use instead of Section 21 notice:

If you are a landlord struggling to navigate the new laws, such as the abolishment of the Section 21 notice, this blog will help guide you through the alternative routes available.

Before we discuss the new route, we must first review the old one. A Section 21 notice was used by landlords for many years. Introduced in 1988 under the Housing Act, it was known as a no-fault eviction notice. This meant that if a landlord wanted to evict their existing tenants, they could do so by serving this notice, regardless of whether the tenant had breached the tenancy agreement.

However, due to recent legal changes, this notice will no longer exist, leaving Section 8 as the primary route for possession.

Unlike Section 21, a Section 8 notice can only be used when specific legal grounds apply. These grounds are divided into mandatory and discretionary categories. The difference is that mandatory grounds provide firm legal reasons for eviction, whereas discretionary grounds require justification and supporting evidence.

Mandatory Grounds

• Ground 1: When the landlord or a family member wishes to move into the rented property (only applicable if the tenancy agreement has exceeded 12 months). Notice period: 4 months

• Ground 1A: If the landlord intends to sell the property (only applicable if the tenancy agreement has exceeded 12 months). Notice period: 4 months

• Ground 2: If the mortgage provider is repossessing the property. Notice period: 4 months

• Grounds 2ZA–2ZD: When a leasehold has ended and the landlord does not own the freehold. Notice period: 4 months

• Ground 4: If the property was let to a student by an educational institution for a fixed term of 12 months. Notice period: 2 weeks

• Ground 4A: For student landlords not affiliated with an educational institution who require the property for new tenants before the academic year begins. Notice period: 4 months

• Ground 5: If a religious organisation owns the property and requires a minister to reside there. Notice period: 2 months

• Ground 6: If the landlord intends to demolish or redevelop the property to the extent that it is uninhabitable. Notice period: 4 months

• Ground 6A: If possession is required to comply with enforcement action. Notice period: 4 months

• Ground 7: If the tenant has passed away (this cannot be used if a surviving spouse remains in the property). Notice period: 2 months

• Ground 7A: Serious anti-social behaviour by the tenant. Notice period: Immediate

• Ground 7B: If the tenant does not have the legal right to rent.Notice period: 2 weeks

• Ground 8: If the tenant has at least 3 months’ rent arrears (or 13 weeks if rent is paid fortnightly). Notice period: 4 weeks

Discretionary Grounds

• Ground 9: If the landlord has provided suitable alternative accommodation. Notice period: 2 months

• Ground 10: The tenant is in rent arrears but does not meet Ground 8 criteria. Notice period: 4 weeks

• Ground 11: Persistent late payment of rent (without being in arrears). Notice period: 4 weeks

• Ground 12: Breach of tenancy agreement (excluding rent arrears). Notice period: 2 weeks

• Ground 13: The tenant has neglected or damaged the property. Notice period: 2 weeks

• Ground 14: The tenant causes nuisance to neighbours or uses the property for illegal or immoral purposes. Notice period: Immediate

• Ground 14A: Social landlords may evict a domestic abuse perpetrator if the victim has left the property. Notice period: 2 weeks

• Ground 14ZA: If the tenant or another occupant has been convicted of an indictable offence during a UK riot. Notice period: 2 weeks

• Ground 15: Damage to furniture provided by the landlord. Notice period: 2 weeks

• Ground 17: The tenancy was obtained through a false statement. Notice period: 2 weeks

• Ground 18: The tenancy relates to supported accommodation and the tenant fails to engage with the support provided. Notice period: 4 weeks

What happens once a Section 8 notice has been served?

Once a Section 8 notice has been served, the tenant has the duration of the notice period to stop any breaches of the tenancy agreement or vacate the property.

If the issue is not resolved or the tenant does not leave, the landlord may begin court proceedings.

If the tenant still does not vacate, the landlord can apply to the court for a possession order. The tenant has the right to challenge this by presenting a defence or requesting additional time due to extreme hardship.

Additional reads:

UK Landlord Grants: How to Improve Your Rental Property’s EPC Rating in 2025

Legal Compliance Requirements for All Landlords