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Inside LetCompliance

Section 21 is abolished: use Section 8 instead

Section 21 is gone. Section 8 is the route now.

The Section 8 notice builder is on paid plans, from £7.99 a month; the free plan and the 3-day trial do not include it.

What it does

  1. 01Explains what replaced Section 21 and which Section 8 ground fits each reason
  2. 02Drafts a Section 8 notice on Form 3A for the 14 grounds landlords use most
  3. 03Calculates the earliest date proceedings can begin and the latest date the notice can be used
  4. 04Warns when the deposit is not recorded as protected

Section 21 was abolished in England on 1 May 2026, so no new Form 6A notice can be served. A notice served before that date could only be used if court proceedings were started by 31 July 2026, or by the end of the notice if that came first, and that window has closed. Possession now runs through a Section 8 ground, on Form 3A, and LetCompliance drafts that notice for the grounds landlords use most.

01

The ground that fits your reason

Moving in, selling, rent arrears or a breach each have their own ground, notice period and evidence. The Section 8 builder covers the 14 grounds landlords use most.

02

Dates worked out

The builder calculates the earliest date court proceedings can begin for the grounds you choose, and the latest date the notice can be relied on.

03

Warnings before you serve

It warns if the deposit is not recorded as protected, if a tenancy is under a year old for Grounds 1 and 1A, and about the Ground 8 arrears threshold.

In the app

What it does

  • Explains what replaced Section 21 and which Section 8 ground fits each reason
  • Drafts a Section 8 notice on Form 3A for the 14 grounds landlords use most
  • Calculates the earliest date proceedings can begin and the latest date the notice can be used
  • Warns when the deposit is not recorded as protected
  • Warns when Grounds 1 or 1A are used on a tenancy under a year old
  • Pulls the arrears total from your rent records for Ground 8
  • Logs an emailed notice with the time, the recipient and a fingerprint of the PDF

Your reason, the ground that fits

Where the old Section 21 reasons go now

Moving yourself or a close family member in is Ground 1, and selling is Ground 1A. Both are mandatory, need 4 months’ notice, and the tenancy must have begun at least a year before the date given in the notice. After serving on either you cannot let or market the property until 12 months after the earliest court date in the notice, unless an exception applies; breaking that is an offence with a penalty of up to £40,000.

Rent arrears are Ground 8 when at least 3 months’ rent is unpaid (monthly rent) or 13 weeks’ (weekly or fortnightly), both when the notice is served and at the hearing, with 4 weeks’ notice, usually alongside the discretionary Grounds 10 and 11. A breach of the tenancy is Ground 12 and damage to the property Ground 13, each with 2 weeks’ notice. Antisocial behaviour on Ground 14 needs no notice period before proceedings.

What changed

What stops a possession order now

The Section 21 conditions about gas safety records, EPCs and the How to Rent guide did not carry over to Section 8. The deposit rule did: if the deposit is not protected or the prescribed information was not given, the court cannot make a possession order on any ground except 7A and 14 until that is put right or the deposit is returned.

Once PRS Database registration is required for your region, not being registered will also stop possession. The database opens on 15 December 2026, with regional deadlines from 14 March to 14 November 2027.

Who it is for

Landlords who searched for Section 21 or Form 6A and now need the route that replaced it, particularly those selling, moving back in or dealing with arrears.

The law behind it

Housing Act 1988, section 8 and Schedule 2, as amended by the Renters’ Rights Act 2025. Section 21 repealed from 1 May 2026, with notices served before then usable only if proceedings began by 31 July 2026. Housing Act 1988, sections 16E and 16M (re-letting restriction after Grounds 1 and 1A). Housing Act 2004, section 215 (deposit bar).

Written for private lets in England. Guidance, not legal advice: for a defended claim or an unusual let, take advice from a housing solicitor.

Free PDF · instant by email

Free PDF: After Section 21: Possession Routes Map

Section 21 was abolished on 1 May 2026 and the window to use older notices closed on 31 July 2026. This map takes the reasons landlords served Section 21 and shows the Section 8 ground that fits.

  • Your reason for possession matched to a Section 8 ground
  • Notice period and the evidence the court will look for
  • What bars a possession order, and what no longer does
  • The first-year rule and the 12-month re-letting ban for Grounds 1 and 1A

The guides only come if you tick the box, and you can unsubscribe in one click.

Questions

Frequently asked questions

Can I still serve a Section 21 notice?

No. Section 21 was abolished on 1 May 2026, so no new notice can be served. Possession runs through a Section 8 ground.

I served a Section 21 before 1 May 2026. Can I still use it?

Only if court proceedings were started by 31 July 2026, or by the end of the notice if that was earlier. That window has closed, so a notice that was not used in time cannot be relied on now. Serve a Section 8 notice on the ground that fits.

Which ground do I use if I want to sell?

Ground 1A. It is mandatory and needs 4 months’ notice, and the tenancy must have begun at least a year before the date in the notice. You cannot re-let or market the property until 12 months after the earliest court date in the notice.

Do I still need a gas certificate and EPC to get possession?

They no longer bar a Section 8 possession order; that was a Section 21 rule. They are still legal duties with their own penalties. The failure that does bar most Section 8 orders is an unprotected deposit or prescribed information not given.

Is there still an accelerated possession procedure?

No. The accelerated, paper-based procedure was only for Section 21. Section 8 claims go to a hearing in the county court.

Does this replace legal advice?

No. For a defended claim or an unusual tenancy, take advice from a housing solicitor. LetCompliance drafts the notice and keeps the record; it does not run the court case.

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