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10 September 2026 ยท Landlords

How possession works under Section 8

Since 1 May 2026, a landlord in England can no longer end a tenancy without giving a reason. Section 8 is now the main route, and it is stricter and slower than Section 21 was. This guide explains the process in plain English.

Step 1: Choose the right ground

Section 8 lists the legal reasons you can rely on. They include:

  • the tenant owes a serious amount of rent
  • repeated late payment of rent
  • breach of the tenancy agreement
  • anti-social behaviour
  • you want to sell the property or move into it yourself

Some grounds are mandatory, which means the court must grant possession if you prove them. Others are discretionary, which means the judge decides what is reasonable. Restrictions apply to the sale and moving-in grounds early in a tenancy.

Step 2: Serve the correct notice

The notice must be in the prescribed form, name the ground, and give the notice period the law requires for that ground. Some grounds, such as selling or moving in, need four months’ notice. A mistake in the notice can make it invalid and mean starting again, so check every detail.

Step 3: Go to court if the tenant stays

If the tenant does not leave when the notice ends, you must apply to the court for a possession order. You will need evidence, such as a rent statement, copies of notices, and records of the tenancy. If the tenant still does not leave after the order, only court bailiffs can remove them.

Things you must never do

Never change the locks, remove belongings, cut off utilities or harass a tenant to make them leave. This is illegal eviction and can lead to prosecution and compensation claims.

Get advice early

Possession cases turn on detail, so take legal advice before you serve a notice. If we manage your property, we can serve notices on your instruction and keep the records you will need. Legal and court costs are paid by the landlord.

This article is general information and not legal advice.