Since Section 21 was abolished on 1 May 2026, every possession claim in England runs through Section 8 and must state a specific ground. Get the ground wrong, or the notice period wrong, and the notice is defective — which means the claim fails and you start again, four months behind. This is the reference table.
Notice periods below are as set out in the government’s guide to the Renters’ Rights Act. Mandatory grounds mean the court must award possession if the ground is proved. Discretionary grounds mean the judge decides whether it is reasonable, even where the facts are established.
Mandatory grounds
| Ground | What it covers | Notice | Key restriction |
|---|---|---|---|
| 1 | Occupation by landlord or close family | 4 months | Cannot be used in the first 12 months of the tenancy |
| 1A | Sale of the property | 4 months | Cannot be used in the first 12 months of the tenancy |
| 2 | Sale by mortgage lender | 4 months | Where the lender exercises its power of sale |
| 4A | Student HMOs | 4 months | Possession must fall between 1 June and 30 September |
| 6 | Redevelopment | 4 months | Landlord must be a qualifying type; alternative accommodation may be required |
| 6A | Decant accommodation | 4 months | Temporary accommodation during redevelopment |
| 7 | Death of the tenant | 2 months | Must proceed within 12 months of the death |
| 7A | Severe anti-social or criminal behaviour | Proceedings can begin immediately | Requires a conviction or relevant court order |
| 8 | Serious rent arrears | 4 weeks | Requires three or more months’ arrears both at notice and at the hearing |
Discretionary grounds
| Ground | What it covers | Notice |
|---|---|---|
| 10 | Any rent arrears | 4 weeks |
| 11 | Persistent late payment | 4 weeks |
| 12 | Breach of tenancy | 2 weeks |
| 13 | Deterioration of the property | 2 weeks |
| 14 | Anti-social behaviour | Proceedings can begin immediately |
The four things that catch landlords out
The 12-month bar on Grounds 1 and 1A. You cannot use them at all in the first year of a tenancy, and they then require four months’ notice — so from the day a tenant moves in you are 16 months from vacant possession on those grounds. If you might want to sell, that timeline needs to be in your planning from the start. The full arithmetic here.
The arrears threshold moved. Ground 8 now needs three or more months of arrears, not two, and the arrears must still be at that level when the case is heard. A tenant who pays down below the threshold before the hearing defeats the mandatory ground — which is why what you do in the first two weeks of arrears matters more than the notice you eventually serve.
The 12-month no-let period. Recover possession under Ground 1 or 1A and you cannot re-let the property for 12 months. Doing so is an offence with penalties up to £40,000. Serving notice claiming you intend to sell when you do not is a separate offence in its own right.
Discretionary means the judge can say no. Proving a breach under Ground 12 does not guarantee possession. The court weighs reasonableness, including the tenant’s circumstances. Landlords used to the certainty of Section 21 consistently underestimate this.
Before you serve anything
Check three things, in this order.
Is your compliance in order — deposit protected and prescribed information served, gas safety record given, EPC provided, and the written statement of terms or Information Sheet served? Gaps here can block a claim regardless of how good your ground is.
Can you evidence the ground? Ground 1A means instructing an agent for a genuine sale. Ground 1 means documenting the family circumstance. Ground 8 means a rent account you can put in front of a judge.
Is the notice period right for the ground you are actually using? Serving four weeks on a Ground 1A notice does not shorten anything — it invalidates it.
Then allow for the courts
Notice is the beginning, not the end. National figures put the average from claim issued to possession order at around 34 weeks, and enforcement sits on top of that. Court fees also rose on 13 July 2026 — what a possession claim now costs.
Realistically, a Ground 1A possession started today is a next-year outcome. Plan on that basis rather than on the notice period alone. How the common grounds work in practice, and the wider set of changes from 1 May.
Notice periods per the government’s Guide to the Renters’ Rights Act. Grounds and thresholds can change — check the current position before serving.
On the transition specifically: the 31 July 2026 deadline for Section 21 notices, and what changes for landlords after it passes.
General information, not legal advice. Property Lounge, Guildford.
Need a second opinion?
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