Since 1 May 2026, Section 21 is no longer available for private tenancies. If you need to regain possession of your property, you will generally need to rely on one or more of the legal grounds available under Section 8 of the Housing Act 1988.
That makes getting the process right more important than ever.
At DSS Select, our advice to landlords is simple: don’t start with the notice. Start with the reason you need possession and the evidence you have to support it.
A Section 8 notice is not simply a request for the tenant to leave. You are beginning a legal process which may ultimately have to be proved in court.
Here is the DSS Select step-by-step guide.
Step 1: Establish why you need possession
The first question is:
Why do you need the property back?
Under the new system, a landlord needs a recognised legal ground for possession.
There are a number of grounds available, and the correct one will depend entirely on the circumstances.
Some of the grounds landlords are most likely to encounter include:
Ground 1 – You or a close family member intends to move into the property
This is a mandatory ground. Generally, the tenant must have occupied the property for at least 12 months before possession can be required under this ground, and the minimum notice period is four months.
Ground 1A – You intend to sell the property
This is another important mandatory ground. Again, the tenant benefits from an initial 12-month protected period and the minimum notice period is generally four months.
Ground 8 – Serious rent arrears
For a tenant paying monthly, Ground 8 can apply where at least three months' rent is outstanding when the notice is served and remains at the required level at the hearing. The notice period is four weeks.
Ground 10 – Rent arrears
This can apply where rent is outstanding even if the arrears do not reach the Ground 8 threshold. However, this is a discretionary ground, meaning the court must also consider whether granting possession is reasonable.
Ground 11 – Persistent late payment of rent
This may be relevant where a tenant has repeatedly failed to pay their rent on time.
Ground 12 – Breach of the tenancy agreement
This can be used where the tenant has breached a term of the tenancy other than one relating to payment of rent.
Ground 13 – Deterioration of the property
This may apply where the tenant has allowed the condition of the property to deteriorate.
Ground 14 – Antisocial behaviour
This covers certain antisocial behaviour by the tenant, someone living with them or, in some circumstances, a visitor to the property.
The important point is that different grounds have different requirements and different notice periods.
Choosing the wrong ground can undermine the entire possession claim.
Step 2: Understand whether your ground is mandatory or discretionary
This distinction matters.
With a mandatory ground, if the court is satisfied that the legal requirements of the ground have been established, the court must make a possession order.
With a discretionary ground, proving that the conduct occurred is not necessarily enough. The judge must also be satisfied that granting possession is reasonable.
For example, serious rent arrears under Ground 8 can be a mandatory ground if all the requirements are satisfied.
A breach of the tenancy agreement under Ground 12 is discretionary.
That is why DSS Select does not believe landlords should simply look down a list of grounds and pick the one that sounds closest to their situation.
The ground determines the case you need to prove.
Step 3: Get your evidence together before serving notice
This is where good property management becomes extremely important.
If the tenant does not leave and the matter proceeds to court, you may need evidence supporting the ground you have relied upon.
Depending on the case, that could include:
- a detailed rent statement showing payments and arrears;
- bank and payment records;
- the signed tenancy agreement;
- correspondence with the tenant;
- inspection reports;
- dated photographs;
- contractor reports;
- complaints or witness statements relating to antisocial behaviour;
- evidence of tenancy breaches; or
- evidence demonstrating a genuine intention to sell the property.
Our view at DSS Select is straightforward:
Build the evidence before you serve the notice, not after the tenant challenges it.
A possession case is considerably easier to manage when there is a clear written history behind it.
Step 4: Check the tenancy and your compliance
Before serving notice, the tenancy itself should be reviewed.
One particularly important area is deposit protection.
For most possession grounds, a landlord may have difficulty obtaining possession if the tenancy deposit has not been dealt with correctly.
There may also be specific conditions attached to the particular ground you intend to use.
For example, Grounds 1 and 1A cannot generally be used to require possession during the first 12 months of a new tenancy.
Some of the less commonly used possession grounds also require the landlord to have given the tenant prior notice at the beginning of the tenancy.
This is why the compliance check should happen before the possession process begins.
Step 5: Serve the correct Section 8 notice
For notices served under the new regime from 1 May 2026, landlords should use the prescribed Form 3A, or a form substantially to the same effect.
The notice needs to identify the ground or grounds being relied upon, explain why they apply and give the tenant the correct notice period.
This is not the place for guesswork.
An incomplete or inaccurate notice can result in the possession claim being delayed or dismissed.
At DSS Select, we would rather spend the time checking a notice properly at the beginning than discover an avoidable mistake months later when the case reaches court.
Step 6: Serve the notice correctly – and prove it
Completing the notice is only half the job.
You also need to be able to demonstrate that it was properly served.
Check the tenancy agreement for the contractual provisions relating to service of notices and keep a complete record of:
what was served, when it was served, how it was served and on whom it was served.
Keep a copy of the signed and dated notice.
Where appropriate, a Certificate of Service (Form N215) can also be used as evidence of how and when documents were served.
Possession cases can turn on small procedural details. Good record keeping matters.
Step 7: Allow the correct notice period to expire
Do not assume that every Section 8 notice has the same notice period.
It doesn't.
Under the 2026 system, the notice period depends on the ground being used.
For example:
Selling the property – Ground 1A: generally four months.
Landlord or qualifying family member moving in – Ground 1: generally four months.
Serious rent arrears – Ground 8: four weeks.
Any rent arrears – Ground 10: four weeks.
Persistent rent arrears – Ground 11: four weeks.
Breach of tenancy – Ground 12: two weeks.
For some antisocial behaviour grounds, court proceedings can potentially begin immediately after notice is given.
Always check the current rules for the particular ground being relied upon.
Step 8: If the tenant stays, apply to court
A Section 8 notice does not itself evict the tenant.
If the notice expires and the tenant remains in occupation, the landlord must obtain a possession order from the court.
If the claim relates only to rent arrears, landlords can use the Possession Claim Online service.
For other Section 8 possession claims, the paper court procedure is available, using the appropriate possession claim documentation.
As at October 2026, the court fee for making a possession claim is £415.
The court will then issue the claim, send the relevant documentation to the tenant and arrange a possession hearing.
Step 9: Prepare properly for the possession hearing
This is where all the preparation at the beginning becomes important.
The court will expect you to prove the ground or grounds you have relied upon.
If the case concerns rent arrears, you should have a clear and up-to-date rent statement.
If it concerns damage, you may need photographs, inspection reports and correspondence.
If it concerns antisocial behaviour, evidence could include complaints, witness evidence or relevant official records.
If you are relying on an intention to sell, you should be prepared to provide evidence supporting that intention.
The judge can dismiss a claim where the correct procedure has not been followed or the ground has not been proved.
Never assume that serving a Section 8 notice guarantees possession.
Step 10: Obtain the possession order
If the court is satisfied with the claim, it can make a possession order.
With a mandatory ground, an outright possession order will usually require the tenant to leave within 14 days, although the court can allow up to six weeks in cases of extreme hardship.
With discretionary grounds, the court has greater flexibility and may make an outright or suspended possession order depending on the circumstances.
The important thing to remember is that the landlord still cannot simply change the locks once the possession date arrives.
If the tenant does not leave, there is another stage.
Step 11: Enforcement – don't take matters into your own hands
If the tenant remains after an outright possession order has expired, you will normally need to apply for a warrant of possession.
The current court fee for a warrant is £148.
A county court bailiff can then carry out the eviction.
There are also circumstances in which enforcement can be transferred to the High Court, subject to the relevant rules and permissions.
Until lawful possession has been obtained, landlords should not attempt to remove the tenant themselves, change the locks or interfere with the tenant's occupation.
The DSS Select view
The end of Section 21 does not mean landlords have lost the ability to regain possession of their properties.
What has changed is the importance of the reason for possession, the evidence behind it and the procedure used to obtain it.
In 2026, successful possession starts long before a notice is served.
It starts with:
the right tenancy documentation;
the right compliance;
the right records;
the right ground;
the right evidence; and
the right notice.
Miss one of those stages and a straightforward possession case can become an expensive and time-consuming problem.
Get them right, and you put yourself in the strongest possible position should the matter need to go before a court.
Need to regain possession of your property?
If you are a landlord considering possession proceedings, speak to DSS Select before serving notice.
We can review the tenancy, look at the circumstances behind the possession request and help identify the practical steps that need to be taken before the process begins.
DSS Select – protecting landlords, managing tenancies and keeping you one step ahead of the changing private rented sector.
This article provides general information for landlords in England and is not a substitute for legal advice on an individual possession case.
