Understanding Section 8 Grounds Under the Renters’ Rights Act

May 2026

Section 21 is gone. As of May 2026, Section 8 becomes the only route for landlords to regain possession of a property, and the grounds have been significantly updated.

Here's what Fulham landlords need to understand.

What Is Section 8?

Section 8 is the fault-based route for possession. Unlike the old Section 21 "no-fault" notice, which has now been abolished, Section 8 requires landlords to cite a specific reason, drawn from a list of statutory grounds, before they can ask a tenant to leave.

Each ground has its own evidence requirements, notice period and conditions. Getting these right is essential, as errors can delay proceedings significantly.

How Section 8 Has Changed

The Renters' Rights Act has strengthened and expanded the Section 8 grounds in several important ways.

What’s changed?	Old position	New position
Route to possession	Section 21 (no fault) available)	Section 21 abolished - Section 8 only
Rent arrears threshold	Two months’ arrears	Three months’ arrears, maintained at hearing
Repeated arrears	No specific ground	New ground - 3+ months arrears on 3 occasions in 3 years
Landlord selling / moving in	Available from day one	Not available in first 12 months; four months’ notice

The Main Section 8 Grounds

Section 8 grounds are either mandatory (the court must grant possession if the ground is proven) or discretionary (the court decides whether it is reasonable to grant possession).

Here are the key grounds landlords should know.

Ground	What it means
Serious rent arrears	Mandatory. Possession can be sought where arrears reach three months (or 13 weeks for weekly tenancies) and remain at that level at the point of the court hearing. Notice period of four weeks.
Repeated rent arrears	Mandatory. A new ground covering tenants who have been three months in arrears on three separate occasions within the previous three years, even if the debt was paid down. Notice period of four weeks.
Property damage or tenancy breach	Discretionary. Covers significant damage to the property or a breach of tenancy terms, such as unauthorised subletting. Notice period of two weeks.
Anti-social behaviour	Can be mandatory or discretionary depending on severity. Covers nuisance to neighbours, harassment, and criminal convictions relating to the property. Courts assess reasonableness for less severe cases.
Landlord or family moving in	Mandatory. Cannot be used in the first 12 months. After that, four months’ notice is required with evidence of genuine intent to occupy.
Selling the property	Mandatory. Cannot be used in the first 12 months. After that, four months’ notice is required with evidence of intent to sell with vacant possession.

What Landlords Need to Do Now

Keep detailed rent records. Documenting every payment (or missed payment) is essential under the new rent arrears grounds.
Maintain clear written communication. Keep a documented record of discussions with tenants should any issues arise.
Review your tenancy agreements. Make sure they reflect the latest legislative requirements.
Seek professional advice before serving notice. The correct ground, notice period and supporting evidence must all be in place before starting the possession process.

At Lawsons & Daughters, our property management team has more than 30 years' experience helping Fulham landlords navigate legislative change. We can help you understand the new Section 8 grounds, review your tenancy documentation and make sure you're well prepared under the Renters' Rights Act.

Call us on 020 8563 0202 or fill out our enquiry form for hands-on guidance on Section 8 and your options under the Renters' Rights Act.

Lawsons & Daughters
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