From 1 May 2026, landlords in England can no longer use a Section 21 notice to regain possession without giving a specific legal reason.
That does not mean landlords have lost the right to get their property back.
It means the process has changed.
At DSS Select, we believe landlords need to understand the new system properly, because getting the paperwork or possession grounds wrong could mean delays, additional costs, and starting the process again.
Here’s what you need to know.
Section 21 has been replaced by a grounds-based system
Previously, Section 21 allowed landlords to regain possession without having to prove that the tenant had done anything wrong.
That option no longer exists.
Landlords now need to rely on one or more of the legal grounds for possession and serve a Section 8 notice. The notice period depends on the ground being used.
In simple terms:
You need a valid reason, you need to use the correct ground, and you need to follow the correct process.
What if you want to sell the property?
You can still regain possession because you genuinely intend to sell.
This is covered by Ground 1A.
There is an important restriction: you cannot require a tenant to leave under this ground during the first 12 months of a new tenancy.
The standard notice period under Ground 1A is four months.
So if you’re thinking about selling, don’t leave the possession process until the last minute.
What if you want to move back into the property?
There is also a mandatory possession ground where the landlord, or qualifying close family member, intends to occupy the property.
This is Ground 1.
Again, there is a 12-month protected period at the beginning of a new tenancy, and the standard notice period is four months.
This is one of the biggest misconceptions we’re seeing.
Section 21 disappearing doesn’t mean you’re permanently locked into letting your property.
There are still routes to possession. You simply need to use the correct one.
What about rent arrears?
Landlords still have possession grounds where tenants fail to pay their rent.
Under the mandatory Ground 8, for a tenant paying monthly, the tenant generally needs to owe at least three months’ rent both when the notice is served and at the possession hearing. The notice period is four weeks.
There are also other grounds dealing with rent being persistently late or rent arrears that don’t meet the mandatory Ground 8 threshold.
This is where good record keeping becomes extremely important.
Keep clear records of:
- Rent due and payments received
- Missed and late payments
- Communication with the tenant
- Payment arrangements
- Relevant Universal Credit information
- Notices and correspondence
Don’t wait until the situation is out of control before getting advice.
What about antisocial behaviour?
There are possession grounds covering antisocial behaviour and other breaches of the tenancy.
The exact ground and notice requirements will depend on what’s happened. Some grounds are mandatory, while others are discretionary, meaning the court decides whether it is reasonable to make a possession order.
Evidence matters.
If you’re dealing with ongoing problems, document them properly.
Dates, messages, complaints, photographs, witness information and correspondence can all become important if the matter reaches court.
Serving notice doesn’t automatically end the tenancy
This is another point landlords need to understand.
A Section 8 notice is the start of the possession process. It doesn’t automatically give you the right to physically remove the tenant when the notice expires.
If the tenant doesn’t leave after a valid notice expires, the landlord normally needs to apply to court for a possession order.
If the tenant still doesn’t leave following the court process, enforcement may then require a warrant and bailiffs.
Do not take matters into your own hands.
The new system makes compliance more important
The days of treating compliance as an admin job that can be sorted out later are disappearing.
The direction of travel is clear.
Landlords need better records, better processes and a much clearer understanding of their legal responsibilities.
At DSS Select, this is exactly what we’re focused on.
We work with landlords and agents to help them stay compliant, find suitable tenants — including tenants receiving Universal Credit — and manage the practical issues that come with letting property.
Our advice to landlords in 2026 is simple:
Know your reason for possession before serving anything.
Use the correct ground.
Keep proper evidence.
Serve the correct notice.
Don’t take shortcuts.
Getting possession wrong can cost you months.
Getting it right starts long before you need the property back.
Need landlord support?
If you’re a landlord navigating the new rules, DSS Select can help you understand your options and keep your property compliant.
whether you’re looking for tenants, dealing with Universal Credit, reviewing your landlord compliance or preparing for the new regulatory requirements, speak to DSS Select.
DSS Select — helping landlords find quality tenants and stay compliant.
This article provides general information for landlords in England and isn’t a substitute for legal advice on an individual possession case.
DSS Select
Email: [email protected]
