Section 21 abolished: the tenant's Section 8 grounds decoder for the post-RRA regime (May 2026)
Section 21 ended at 00:01 on 1 May 2026. From now on, every assured tenancy in England can only be ended via Section 8, with a specific ground and supporting evidence. This is the tenant decoder for the 17 grounds: mandatory vs discretionary, new notice periods (2 weeks to 4 months), the GBP 10,000 evidence threshold, the Ground 1A 12-month relet trap, and three response templates for the day a notice arrives.
Section 21 is gone: the post-RRA tenant decoder for all 17 Section 8 grounds (2026)
At one minute past midnight yesterday, Section 21 — the "no-fault" eviction notice that has hung over English renters for nearly four decades — stopped being a thing. From 1 May 2026, your landlord cannot serve a Section 21. They cannot end your tenancy because they "want it back". That route is closed.
What replaces it is the Section 8 process. There are 17 grounds your landlord can rely on. Some are mandatory (court must grant possession if proven). Others are discretionary (court has a choice). A few are new and exist only because the Renters' Rights Act 2025 created them.
If you've just received a Section 8 notice, this is the tenant-side decoder: every ground, every notice period, every new evidence rule, plus response templates and a 30-minute playbook for the first hour.
What changed at 00:01 on 1 May 2026
| Before | From 1 May 2026 |
|---|---|
| Landlord could serve Section 21 (no-fault) with 2 months' notice and no reason. | Section 21 abolished. No more no-fault evictions. |
| Section 8 evidence was thin. | New evidence thresholds for several grounds. |
| Fixed-term tenancies were standard. | All assured tenancies now periodic by default. |
| Landlord could relet immediately after eviction. | 12-month relet ban after Ground 1 / 1A — breach triggers a Rent Repayment Order. |
A Section 21 dated 1 May 2026 or later is legally void. For Section 21 notices served before 1 May 2026, transitional rules apply for a short window — Citizens Advice and Shelter can talk you through the cut-off. (See also our Section 21 vs Section 13 guide for how this fits with rent-increase rules.)
The 17 Section 8 grounds at a glance
Notice period is the minimum between serving the notice and applying to court. Mandatory = court must grant possession if proven. Discretionary = court can refuse, defer, or grant on conditions. "New evidence" flags grounds where the RRA has tightened the bar.
| Ground | What it is | Notice | Type | New evidence? |
|---|---|---|---|---|
| 1 | Landlord/family moving in | 4 months | Mandatory | Yes |
| 1A | Landlord selling | 4 months | Mandatory | Yes + 12-month relet ban |
| 2 | Mortgage repossession | 2 months | Mandatory | No |
| 4 | Educational let to non-student | 2 months | Mandatory | No |
| 5 | Minister of religion | 2 months | Mandatory | No |
| 5A | Agricultural worker accommodation | 2 months | Mandatory | Yes |
| 5B | Supported accommodation no longer needed | 2 months | Mandatory | Yes |
| 5C | HMO student-cohort turnover | 4 months | Mandatory | Yes |
| 5D | Registered care provider | 2 months | Mandatory | Yes |
| 5E | Landlord leaving rental sector | 4 months | Mandatory | Yes |
| 5F | Compulsory purchase | 2 months | Mandatory | No |
| 5G | Domestic-abuse perpetrator removal | 2 weeks | Mandatory | Yes |
| 6 | Demolition / substantial works | 4 months | Mandatory | Yes |
| 6A | Enforcement/banning order compliance | 4 months | Mandatory | Yes |
| 7A | Anti-social behaviour conviction | 2 weeks | Mandatory | Conviction-based |
| 7B | No right to rent | 2 weeks | Mandatory | Home Office notice |
| 8 | Serious arrears (8+ weeks) | 4 weeks | Mandatory | Bank records |
| 9 | Suitable alternative accommodation | 2 months | Discretionary | No |
| 10 | Some arrears | 4 weeks | Discretionary | No |
| 11 | Persistent late payment | 4 weeks | Discretionary | No |
| 12 | Breach of tenancy (non-rent) | 2 weeks | Discretionary | No |
| 13 | Property deterioration | 2 weeks | Discretionary | No |
| 14 | Nuisance / illegal use | 2 weeks | Discretionary | No |
| 14ZA | Rioting offence | 2 weeks | Discretionary | Conviction-based |
| 14A | Domestic violence (joint tenancy) | 2 weeks | Discretionary | Yes |
| 15 | Furniture deterioration | 2 weeks | Discretionary | No |
| 17 | Tenancy obtained by false statement | 2 weeks | Discretionary | No |
(No Ground 3 or 16 — the numbering has historic gaps.)
The single most important column is type. Mandatory vs discretionary changes everything about your defence.
Mandatory vs discretionary — the defence-strategy fork
Mandatory grounds mean that if the landlord proves the ground, the court has no choice — possession is granted. Your defence is not "please let me stay" — it's "the landlord has not proven the ground". Attack evidence, notice, procedure. If any breaks, the ground falls.
Discretionary grounds mean even if proven, the court asks: in all the circumstances, is it reasonable? Defence adds personal circumstances — children at school, vulnerable household members, length of tenancy, willingness to remedy.
Example. On Ground 8 (mandatory), the court doesn't care that you've been there 12 years. If arrears are 8+ weeks at notice and at hearing, possession is granted. Break the ground — clear arrears below 8 weeks, show the figures are wrong, or show the deposit isn't protected. On Ground 10 (discretionary), the same circumstances become directly relevant. The court can refuse, suspend, or grant on a payment plan. The human story matters.
Work out which type first. The table above tells you.
The Ground 1A 12-month RRO trap
Of all the RRA changes, this is the one most likely to deter dodgy evictions.
The setup. Landlord serves a Ground 1A notice — they "want to sell". You move out. Three months later the property is back on Rightmove as a rental.
The new rule. From 1 May 2026, if a landlord uses Ground 1 or 1A, they cannot relet for 12 months after possession was granted. If they do, you can apply to the First-tier Tribunal (Property Chamber) for a Rent Repayment Order. Fee GBP 300. Remedy: up to 12 months of rent paid during your final year, repaid to you.
Pre-RRA, the cynical "I'm selling" eviction was a known dodge. The relet ban plus RRO route means the landlord has to put their money where their mouth is.
Action if you're evicted on Ground 1 or 1A. Diary it. Reminder every two months. Check Rightmove, Zoopla, and OpenRent for the property address. If it reappears within the window, screenshot the listing and head to the RentSOS check tool — we can help you build the file. You have 12 months from the relet to apply.
The new evidence thresholds
Several grounds previously needed only the landlord's say-so. Post-RRA, the bar is higher.
- Ground 1 (moving in). Written statement of intent dated before the notice, plus evidence of plans (mortgage application, removals booking, family circumstances). Vague "I might move in" will not survive a defended hearing.
- Ground 1A (selling). Statement of intent dated before the notice, plus evidence the property has been marketed or an estate agent appointed (agency agreement, photos, listing). Must be contemporaneous.
- Grounds 5A-5E (RRA-specific). Each has its own narrow evidence requirement. Demand to see the evidence and check it stacks up.
- Ground 5C (HMO student let). Confirmed booking for the next student cohort, HMO licence and student-let history.
- Ground 6 (demolition or substantial works). Planning permission, works specification, and evidence the works cannot be done with the tenant in occupation. Cosmetic refurb does not qualify.
- Ground 6A (enforcement compliance). Copy of the enforcement, banning, or planning order, plus a written plan for alternative accommodation.
The new evidence-bundle right
Post-RRA, tenants can request the landlord's evidence under any landlord-side mandatory ground before court. The request goes in writing (Template A). Reasonable response period — usually 14 days. Refusal or silence is a defence-strengthener. Use it routinely.
Three response templates — copy, paste, edit
Template A — Request grounds + evidence (send within 14 days)
Dear [Landlord / Letting agent name],
I am writing in response to the Section 8 notice dated [notice date] which I received on [receipt date] for my tenancy at [property address].
The notice cites Ground [number] under Schedule 2 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025). Post-RRA, landlord-side mandatory grounds (Grounds 1, 1A, 5A-5G, 6 and 6A) carry an evidence threshold.
Could you please provide, within 14 days:
- The written statement of intent for the ground relied upon (Grounds 1 and 1A).
- Supporting evidence — e.g. estate agent appointment / marketing materials (Ground 1A), planning permission (Ground 6), enforcement order (Ground 6A), HMO student-cohort evidence (Ground 5C).
- Confirmation of the notice period and the earliest date proceedings can be issued.
I am taking advice from Citizens Advice / Shelter and will respond fully once I have reviewed the evidence.
Many thanks, [Your name] [Date]
Template B — Request court date + propose mediation
Dear [Landlord / Letting agent name],
Further to the Section 8 notice dated [notice date], please:
- Confirm when you intend to issue possession proceedings and at which court, so I can prepare to attend.
- Confirm whether you would be open to a mediated resolution before proceedings. I would participate in a mediation session through [name a service — e.g. the Property Mediators, a service signposted by Citizens Advice, or a private mediator].
I am taking advice and intend to defend the proceedings. A mediated resolution may save both of us substantial time and cost.
Please respond within 14 days. If proceedings have already been issued, please send me the claim form and particulars so I can file my defence within the 14-day window.
Many thanks, [Your name] [Date]
Template C — Notice-period or form validity rejection
Dear [Landlord / Letting agent name],
Further to the Section 8 notice dated [notice date] for my tenancy at [property address], I believe the notice is defective for the following reason(s):
- Notice period. The notice gives [X]. The statutory minimum for Ground [number] under Schedule 2 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025) is [Y]. The notice is therefore invalid.
- Form. The notice is not on the prescribed post-RRA form, or omits the prescribed information.
- Grounds. The notice cites Ground [number] but does not include the required particulars (e.g. dates of arrears, specifics of the alleged breach).
- Service. The notice was not validly served — [explain].
I do not accept the notice is valid. I will defend any proceedings issued on it and will draw the defects to the court's attention. If you wish to serve a fresh, valid notice, please do so. I will continue to comply with my tenancy obligations and will not be vacating the property.
Many thanks, [Your name] [Date]
None of these is aggressive. They ask the landlord to do what the new law requires, and create a paper trail any court will read favourably.
Five mistakes tenants make on Section 8 receipt
1. Signing a "voluntary surrender" form. Landlords sometimes follow up with a friendly "We've agreed you'll move out — please sign here." If you sign, you lose defence rights and Ground 1A's 12-month RRO protection (the relet ban only applies if you were evicted on the ground, not if you surrendered). Don't sign anything saying "surrender" without advice. Phone Citizens Advice on 0800 144 8848 or Shelter on 0808 800 4444 first.
2. Missing the defence window. When proceedings are issued you'll receive a claim form with a defence form. 14 days from service to return it. Miss it and the court can grant possession on the papers. The form is short — Citizens Advice has free walk-in help.
3. Not requesting evidence on mandatory grounds. Mandatory claims live or die on evidence. If you don't ask before court (Template A), the landlord may turn up with thin paperwork. Either you learn what you're up against, or they produce nothing and you have a strong line at the hearing.
4. Not contesting the ground. Saying nothing is treated as not contesting. Many tenants assume "nothing I can do" and check out mentally. Don't. Attending and asking for time or a suspended order can buy weeks or months of stability.
5. Paying disputed arrears in panic. A Ground 8 trap. Pay disputed arrears in a rush and you're treated as having accepted the figure. Write back disputing it (with bank statements), and only pay the amount you accept. If you need to pay down to break Ground 8, do so with a written "without admission" note.
The 30-minute Section 8 response playbook
What you do in the first half hour after the notice arrives.
- 0-5 min: Read the notice twice. Date served, ground(s), notice period, property address, prescribed post-RRA form. Photograph or scan it. Email to yourself.
- 5-10 min: Find the ground in the table. Note mandatory/discretionary, statutory minimum notice period, evidence threshold. If under-served, the notice is defective.
- 10-15 min: Diary the dates. Service date, earliest date proceedings can be issued, likely defence-window date. Set phone reminders.
- 15-20 min: Draft Template A. If it's a landlord-side mandatory ground (1, 1A, 5A-5G, 6, 6A), send Template A asking for evidence within 14 days.
- 20-25 min: Phone for free advice. Citizens Advice on 0800 144 8848 (Adviceline England). Shelter on 0808 800 4444. Just have the notice and the ground number ready.
- 25-30 min: Run a free check. RentSOS is built for Section 13 rent-increase challenges rather than Section 8, but if your notice journey began with a rent-increase row that escalated, the RentSOS check tool will tell you whether the underlying rent change was even valid. See also our first landlord communication after the RRA guide.
After that half hour: notice analysed, defects flagged, evidence requested, dates diaried, advice booked.
What happens if you ignore the Section 8 notice
The notice doesn't make you leave — it starts a clock. What actually evicts you is a court order. If you ignore everything:
- Notice period runs out. Landlord issues proceedings at the County Court. The court sends you a claim form with a defence form and lists a hearing.
- Defence window. 14 days from service to return a defence. Miss it and the court can grant possession on paper for accelerated routes; most grounds still go to a hearing.
- Hearing. If you don't attend, the court can grant possession on the landlord's evidence alone. The order sets a date to leave — usually 14 days, occasionally extended to 42 days for exceptional hardship.
- Bailiff stage. Landlord applies for a bailiff warrant. Worst-case. Harms your renting record and your council position.
Even on a strong case against you, attending the hearing changes everything. Ask for a suspended possession order, an extended date (8 weeks instead of 14 days), or a postponement to find suitable accommodation. Discretionary grounds are wide open to this. Mandatory grounds less so, but the court can extend time on welfare grounds.
The landlord cannot evict you without a court order, and the court is more sympathetic to a tenant who showed up. Show up.
Frequently asked questions
Can my landlord still evict me with no reason now that Section 21 is abolished? No. From 1 May 2026, every eviction in England needs a Section 8 ground from Schedule 2 of the Housing Act 1988 (as amended by the RRA). Each requires a specific notice period, and several require evidence. A notice that simply says "you have to leave" without identifying a Schedule 2 ground is defective.
What's the difference between mandatory and discretionary Section 8 grounds? A mandatory ground (e.g. Grounds 1, 1A, 8) means the court must grant possession if the landlord proves it. A discretionary ground (e.g. Grounds 10, 12, 14) means the court can refuse, suspend, or grant on conditions even if proven. Defence on mandatory grounds attacks evidence and procedure. Defence on discretionary grounds adds the human story — children, length of tenancy, willingness to remedy.
How long do I have after receiving a Section 8 notice? The notice period ranges from 2 weeks to 4 months depending on the ground. Once the landlord issues court proceedings, you have 14 days from service to file a defence. The hearing typically follows 4-8 weeks later. Even on the fastest grounds you're looking at 6-10 weeks from notice to a possible possession order.
What happens if my landlord lies about wanting to sell? That's what the Ground 1A 12-month relet ban catches. If your landlord evicts you on Ground 1A and relets within 12 months, you can apply to the First-tier Tribunal (Property Chamber) for a Rent Repayment Order. Fee GBP 300, remedy up to 12 months of rent paid. Diary it, monitor Rightmove and Zoopla for the property address, act if it relists.
Should I get legal help if I receive a Section 8 notice? Yes — and the help is free. Citizens Advice (0800 144 8848) has housing advisers. Shelter (0808 800 4444) is the specialist housing charity and is excellent on Section 8 defence. If you're on a low income you may qualify for legal aid — your CAB or Shelter adviser will check. Earlier advice, more options.
Key takeaways
- Section 21 was abolished at 00:01 on 1 May 2026; from now on, every eviction in England requires a Section 8 ground from Schedule 2 of the Housing Act 1988.
- There are 17 Section 8 grounds; the single most important distinction is mandatory (court must grant possession if proven) vs discretionary (court can refuse or suspend), and your defence strategy depends entirely on which type you face.
- Notice periods now range from 2 weeks (anti-social behaviour, serious nuisance) to 4 months (landlord moving in, sale, substantial works); a notice that under-serves the statutory minimum is defective and can be challenged.
- If your landlord evicts you on Ground 1A (sale) and relets within 12 months, you can claim a Rent Repayment Order at the First-tier Tribunal; fee 300 GBP, remedy up to 12 months of rent paid.
- Send Template A within 14 days to request evidence, phone Citizens Advice on 0800 144 8848 or Shelter on 0808 800 4444 for free advice, and never sign a voluntary surrender without checking it first.
If a rent-increase notice was the trigger that started this whole chain, run a free check at https://www.rentsos.co.uk/check — we'll tell you in two minutes whether the increase itself was valid, which often reframes the wider conversation with your landlord.
Frequently Asked Questions
+Can my landlord still evict me with no reason now that Section 21 is abolished?
No. From 1 May 2026, your landlord must use a specific Section 8 ground with supporting evidence to seek possession. Section 21 'no fault' eviction notices are no longer valid for any tenancy in England. If your landlord serves you with what looks like a Section 21 notice on or after 1 May 2026, the notice has no legal effect.
+What's the difference between mandatory and discretionary Section 8 grounds?
Mandatory grounds (e.g. Ground 1A landlord sale, Ground 8 serious arrears 8+ weeks) require the court to grant possession if the ground is proven. Discretionary grounds (e.g. Ground 12 breach of agreement, Ground 14 nuisance) leave the decision to the court — the judge weighs the seriousness, your conduct, and personal circumstances. Knowing which type you're facing is the single most important defence-strategy fork.
+How long do I have after receiving a Section 8 notice?
It depends on the ground. The notice period itself ranges from 2 weeks (anti-social behaviour, serious arrears) to 4 months (landlord wanting to sell or move in). After the notice period expires, the landlord must apply to court — that adds another 6-10 weeks before any hearing. From the day you receive a notice, you typically have 8-16 weeks before a court date.
+What happens if my landlord lies about wanting to sell?
If your landlord uses Ground 1A (sale) to evict but then RELETS the property within 12 months, you can apply to the First-tier Tribunal (Property Chamber) for a Rent Repayment Order. The maximum award is 12 months of rent paid. Filing fee: GBP 300, with Help with Fees available. Monitor the property online for 12 months after eviction — listings on Rightmove, Zoopla, or letting agency windows are strong evidence.
+Should I get legal help if I receive a Section 8 notice?
Yes — and it's free. Citizens Advice (0800 144 8848) provides specialist housing advice. Shelter (0808 800 4444) has a dedicated tenant helpline. If you're on a low income, Legal Aid is available for possession defence. Do this in the first 7 days, not the last 7. The earlier you have advice, the more options you have.
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