Renters’ Rights Act: Section 8 Changes – What Landlords Need to Know

From 1 May 2026, the Renters’ Rights Act will abolish Section 21 “no-fault” evictions.

This means every possession claim must now rely on Section 8 grounds. For landlords, this is a major shift, one that requires planning, updated processes, and a clear understanding by all landlords of the new rules.

1. Section 8 Becomes the Sole Route to Possession

With Section 21 gone, landlords must use specific legal grounds under Section 8 in order to get possession back of your property. These fall into two categories:

Mandatory grounds: If proven, the court must grant possession.
Discretionary grounds: The court decides based on evidence and reasonableness.

What’s Different vs Current Rules

• New grounds have been added: Sale of property, landlord or family member moving back into a property and, changes for student lets.
• Higher threshold for arrears: Ground 8 now requires 3 months’ arrears at notice and hearing.
• Longer notice periods: Non-fault grounds now require 4 months’ notice.
• Protected period: Sale and move-in grounds cannot be used in the first 12 months.
• Evidence burden increased: Courts expect detailed proof for mandatory grounds.

Key Mandatory Grounds and changes: 

Ground 1 – Occupation by landlord or family member
Updated. For landlords or close family occupation. Requires proof of intent. Notice: 4 months. Same 12-month restriction applies.

Ground 1A – Sale of the property
New. Use if you intend to sell. Requires marketing evidence or solicitor confirmation. Notice: 4 months. Cannot use within first 12 months.

Ground 2 – Mortgage repossession
Minor update. Applies if lender seeks possession. Notice: 4 months.

Ground 4A – Student HMOs
New. Applies to HMOs let to full-time students. This was introduced to give landlords a clear route to regain possession in line with the academic cycle. Notice: 4 months.

Ground 6 – Redevelopment
Strengthened. For major works that can’t be done with tenants in situ. Requires planning permission or contractor agreements. Notice: 4 months.

Ground 6B – Enforcement action
New. For enforcement such as banning orders. Notice: 2 months.

Ground 7A – Anti-social behaviour/criminal conduct
Enhanced. Covers serious nuisance or criminal activity. Lower evidential threshold. Notice: Immediate to 4 weeks.

Ground 7B – No right to rent
New. Applies if tenant lacks legal right to rent. Notice: 2 weeks.

Ground 8 – Serious rent arrears
Threshold raised. Tenant must owe 3 months’ rent at notice and hearing. Notice: 4 weeks.

Discretionary Grounds

None of these grounds are new and notice periods remain unchanged. The key difference is that courts will expect stronger evidence and weigh proportionality more carefully.

Ground 10 – Any rent arrears. Even a small amount can trigger this ground, but courts weigh reasonableness. Notice: 2 weeks.

Ground 11 – Persistent lateness in rent payments. Useful when tenants pay but always late, causing cash flow issues. Notice: 2 weeks.

Ground 12 – Breach of tenancy agreement. Covers non-rent breaches like unauthorised subletting, pets without consent, or failing to maintain the property. Notice: 2 weeks.

Ground 13 – Damage to property. Applies if the tenant or their guests cause deterioration beyond normal wear and tear. Notice: 2 weeks.

Ground 14 – Nuisance or annoyance. For anti-social behaviour that doesn’t meet the criminal threshold — e.g. noise complaints or harassment. Notice: Immediate.

Ground 15 – Damage to furniture. Similar to Ground 13 but specific to landlord’s furnishings. Notice: 2 weeks.

Ground 17 – False statements. Providing incorrect information during the application process (e.g. income or references). Notice: 2 weeks.

2. Longer Notice Periods and Protected Periods

• 4 months’ notice for non-fault grounds (sale, moving in, redevelopment).
• 4 weeks’ notice for rent arrears.
• 12-month protected period: Sale and move-in grounds cannot be used during the first year of a tenancy.

3. Evidence Requirements

Courts will expect clear proof for mandatory grounds:

• If the for sale ground is being used: Marketing plans, proof of instruction of sales agent or solicitor letters.
• If the moving in ground is used: Statements of intent and supporting documentation.
• If the redevelopment ground is to be used: Planning permissions or contractor agreements showing planned work.
• If the rent arrears ground is to be used: Full payment history and communication records to tenants.

4. What This Means for Landlords

• More documentation: Evidence is critical for success.
• Plan ahead: Factor in longer timelines for sale or personal occupation.
• Court action if tenants don’t leave: Serving a Section 8 notice doesn’t end the tenancy. If the tenant moves out by the notice expiry, no further action is needed. If they stay, you’ll need to apply to court for a possession order, even for mandatory grounds.
• Budget for delays: Possession may take months, especially if tenants contest grounds and a bailiff warrant is eventually needed.

How to Prepare

• Audit compliance: Licensing, deposit protection, safety certificates — non-compliance can block possession so make sure your documents are in order beforehand.
• Update your tenancy agreements: Remove Section 21 clauses and reference Section 8 grounds.
• Seek advice early: If you anticipate needing possession in 2026, start planning now.

We‘re here to help

Our Lettings teams have undergone extensive training on the Renters' Rights Act, so if you have any concerns or questions then please do not hesitate to reach out to your local branch team. You can get tailored advice and ensure your portfolio stays compliant and protected.