The Renters’ Rights Bill is expected to end Section 21 “no-fault” evictions between March and June 2026. When this happens, all existing Housing Act tenancies will convert into periodic tenancies, and landlords will need to use Section 8 grounds to regain possession.
Section 21 can still be served before the law takes effect, and those notices will remain valid for up to three months after implementation.
This shift makes understanding and effectively using Section 8 more important than ever.
What Is a Section 8 Notice?
A Section 8 notice is a formal legal document that landlords use to regain possession of a property based on specific grounds outlined in the Housing Act 1988.
These grounds include issues such as rent arrears, anti-social behaviour, and the landlord's intention to sell or redevelop the property.
The New Grounds for Section 8
The Renters’ Rights Bill will introduce additional grounds for eviction, expanding the situations in which landlords can serve a Section 8 notice.
Here are some of the most relevant grounds:
- Ground 1: Landlord’s Need for the Property
- This ground applies only to individual landlords (not companies). The tenant must have been in occupation for at least 12 months before this notice can take effect. The notice may be served after month 8 but cannot be enforced until month 12 because the notice period is 4 months. Once possession is obtained under Ground 1, the property cannot be re-let on the open market for 12 months.
- Ground 1A: Sale of Property
- Ground 1A allows possession where the landlord intends to sell the property. The tenant must have occupied the property for at least 12 months before the notice can take effect. The notice may be served after month 8, with the earliest possession at month 12 (due to the 4-month notice period). After gaining possession, the landlord cannot re-let the property for 12 months, even if the sale does not proceed. Landlords should avoid renewing a tenancy if sale is possible in the next 12 months, as renewal restarts the 12-month clock.
- Ground 6: Redevelopment
- This ground applies where substantial redevelopment makes it impractical for the tenant to remain in occupation. Evidence of the planned works will be required, such as contractor reports or planning details.
- Ground 8: Rent Arrears
- Ground 8 applies where the tenant has at least 3 months’ arrears both at the time of serving notice and at the court hearing. The notice period for Ground 8 is 4 weeks.
- Ground 7A: Anti-Social Behaviour
- This ground addresses tenants causing disturbances or harm to others, making it easier for landlords to evict problem tenants.
- Ground 14: Tenant Conduct
- Covers tenants who have engaged in illegal or disruptive activities.
Key Changes to Section 8 Rules
- Notice Periods: Grounds 1 and 1A require a 4-month notice period but cannot take effect within the first 12 months of occupation.Ground 8 (rent arrears) requires 4 weeks’ notice.Grounds relating to anti-social behaviour (such as Ground 7A and Ground 14) may allow proceedings to begin immediately.
- Tenant Notice Obligations: Tenants must give two months’ notice, aligned to the rent due date, meaning the practical notice period may vary.
- Restrictions on New Tenancies: Landlords cannot serve a Section 8 notice for grounds 1 or 1A (landlord occupation or sale) to expire within the first 12 months of a new tenancy.
How to Serve a Section 8 Notice
To serve a valid Section 8 notice, landlords must:
- Specify the exact grounds for eviction.
- Provide evidence to support the claim (e.g., proof of rent arrears, redevelopment plans).
- Follow strict procedural rules to avoid the notice being deemed invalid in court.
The Challenges of Section 8
While Section 8 provides a legal framework for evictions, the process can be lengthy and contentious.
Landlords must be prepared for tenants to contest the grounds in court, which could delay the process further. This makes thorough documentation and compliance with all legal requirements crucial.
What Section 8 Means for Landlords
The end of no-fault evictions places more emphasis on maintaining a strong landlord-tenant relationship. Issues like rent arrears or anti-social behaviour can escalate quickly, making it essential for landlords to address problems proactively.
How Rocket Property Management Can Help
Navigating Section 8 evictions requires expertise and attention to detail. At Rocket, we provide end-to-end support for landlords, from serving notices to assisting legal advisors handling court proceedings.
Our team ensures compliance, reduces stress, and helps protect your investment, so if you need any advice, get in touch.
These rules are based on the current draft of the Bill and may be refined when final regulations are issued.
