The way landlords regain possession of rental properties in England has changed significantly.

Since 1 May 2026, landlords can no longer use Section 21 notices to end a tenancy. Instead, they must rely on Section 8 of the Housing Act 1988 and provide a valid legal reason, known as a ground for possession.

In Episode 3 of the Boydens Landlord Series, we explain how Section 8 works, the grounds landlords may be able to rely upon and why following the correct process is now more important than ever.

What Is a Section 8 Notice?

A Section 8 notice is the formal notice used by a landlord when seeking possession of a privately rented property.

The landlord must state the specific ground, or grounds, being relied upon and explain why they apply. The correct notice period must also be given before court proceedings can begin.

For notices served from 1 May 2026, landlords must use Form 3A, or a form containing substantially the same information. An incomplete or inaccurate notice could lead to a possession claim being delayed or dismissed.

When Can a Landlord Use Section 8?

A landlord must have a recognised legal reason for seeking possession.

The available grounds include circumstances such as:

• The landlord or a close family member intends to move into the property.
• The landlord intends to sell the property.
• The tenant has built up rent arrears.
• The tenant has damaged the property.
• The tenant has breached the tenancy agreement.
• The tenant has engaged in antisocial behaviour.
• The mortgage lender is seeking possession.

Each ground carries its own requirements and notice period, so landlords must establish which ground applies before serving notice.

Mandatory and Discretionary Grounds

Section 8 grounds fall into two main categories.

Mandatory grounds require the court to grant possession where the landlord proves that the relevant requirements have been satisfied.

Discretionary grounds allow the court to consider whether granting possession would be reasonable, even where the landlord has provided evidence that the ground applies.

This distinction is important because serving a notice does not automatically mean a landlord will regain possession.

Does the Tenant Have to Leave When the Notice Expires?

Not necessarily.

A Section 8 notice begins the possession process, but it does not itself end the tenancy or authorise the landlord to remove the tenant.

Where the tenant remains after the notice period has expired, the landlord will usually need to apply to the court for a possession order. A landlord must not attempt to remove the tenant without following the proper legal process.

Watch the Full Video

In Episode 3 of the Boydens Landlord Series, we explain:

• What a Section 8 notice is.
• Why Section 8 has become central to regaining possession.
• The difference between mandatory and discretionary grounds.
• Common reasons landlords may seek possession.
• The importance of using the correct notice and supporting evidence.
• What happens if the tenant does not leave.
• Why professional advice can help prevent costly errors.

Helping Landlords Navigate the New Possession Process

The removal of Section 21 means landlords must now be able to identify and evidence an appropriate ground whenever they need to regain possession.

Errors involving the notice, supporting evidence or required timeframe could delay proceedings and create additional expense.

At Boydens, our award-winning lettings and property management teams help landlords across Essex and Suffolk manage their tenancies, understand changing legislation and take the appropriate steps when possession becomes necessary.

Landlords requiring guidance should contact their local Boydens branch before serving notice or taking further action.