Section 21 was abolished on 1 May 2026. But incorrect Section 8 guidance is still circulating β wrong grounds, wrong notice periods, wrong evidence requirements. Here is what the Act actually says.
From 1 May 2026, Section 21 no-fault eviction notices are permanently abolished in England under the Renters' Rights Act 2025. No Section 21 notice can be served on or after that date, whatever the tenancy start date.
Section 8 β always available but rarely used when Section 21 was the easier route β is now the only possession mechanism for private landlords in England. And the misinformation circulating about it is significant.
Some guides suggested that Section 21 would stay available for older tenancies indefinitely. This is incorrect.
No new Section 21 notice can be served in England on or after 1 May 2026, whatever the tenancy start date. There was only a short transitional window for notices already served.
RRA 2025 β s.21 Housing Act 1988 repealed for England from 1 May 2026, with limited transitional provisions
Multiple published guides state that Ground 1 (landlord or family member moving in) and Ground 1A (landlord intending to sell) require 2 months notice. This is incorrect under the RRA 2025.
The correct notice period for both Ground 1 and Ground 1A is 4 months. The RRA 2025 extended these periods specifically because these are no-fault grounds being used to recover possession for the landlord's benefit β tenants are given longer to find alternative accommodation.
Ground 8 is the mandatory rent arrears ground β if the tenant owes at least 3 months' rent at both the date of notice service AND the date of the court hearing, the court must grant possession. Many landlords understand the service date requirement but miss the hearing date requirement.
If a tenant pays down their arrears between notice service and the hearing β even partially, to below 3 months β Ground 8 fails. The court retains discretion but is not obliged to grant possession. This is why experienced practitioners always plead Ground 10 alongside Ground 8: Ground 10 (any arrears, discretionary) provides a backstop if the arrears fall below the Ground 8 threshold.
Ground 4A is a new mandatory ground introduced specifically for student HMOs. It allows landlords of properties let to full-time students to recover possession at the end of the academic year β providing a predictable cycle despite the abolition of fixed terms.
The critical requirement that many landlords are missing: a Ground 4A Confirmation Notice must be served before the tenancy begins. If you let to students in academic year 2026/27 without serving the Confirmation Notice before the tenancy starts, you cannot use Ground 4A. You must serve it again before the next tenancy.
Published guides frequently understate the evidence required for discretionary grounds. For Ground 14 (nuisance and anti-social behaviour), the standard guide advice is "keep a diary of incidents." While true, it understates what tribunals actually expect:
Without this, a discretionary ground is precisely that β discretionary. The court may find in the landlord's favour or not. The evidence package determines the outcome.
DocPilot's Section 8 Eviction Notice Pack covers the grounds most private landlords use, with correct notice periods, evidence requirements, and mandatory versus discretionary guidance β updated for RRA 2025. Each ground covered includes the statutory basis, the threshold for use, and what the court must consider.
The pack includes a Section 8 ground picker guide β you describe your situation and the pack guides you to the correct ground or combination of grounds. Ground 8 and Ground 10 are both included precisely because experienced practitioners plead both.