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Section 8 readiness
Section 21 was abolished on 1 May 2026, possession now runs through Section 8. Check whether the deposit rules would stop a possession order on your chosen ground, and read the earliest date court proceedings can begin.
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Section 8 possession prerequisites and notice periods by ground (Section 21 abolished 1 May 2026).Runs in your browserA guide, not legal or tax advice
CalculatorUpdates as you type
Not legal or tax advice
Possession ground
4 months’ notice, and the tenancy must have begun at least a year before the date in the notice. Re-letting or marketing the property is restricted for 12 months.
Deposit
Other documents given
Nothing here stops a possession order
On your answers, the deposit rules do not stop a possession order. The ground itself still has to be proved. Get legal advice before serving.
Key dates
- Selected ground
- Ground 1 / 1A: landlord move-in or sale
- Earliest date to start court proceedings
- Mon, 15 Feb 2027
- Section 21 was abolished for new notices on 1 May 2026 (Renters' Rights Act 2025). Possession is now via Section 8 on a specified ground, served on Form 3A.
- A court cannot make a possession order on most grounds while the deposit is not in a scheme or the prescribed information has not been given, unless the deposit has been returned or the tenant's claim decided or settled. Grounds 7A and 14 are excluded (Housing Act 2004 s.215).
- Gas Safety, EICR, EPC and the withdrawn How to Rent guide were Section 21 conditions. They are still duties with their own penalties, but a lapse does not by itself stop a Section 8 order.
- Notice periods run from the day the notice is served, that day included. The earliest date above is the first day after the period ends.
- This is the earliest date to start proceedings, not the date you get the property back.
- This is guidance, not legal advice. Check with a solicitor before serving.
Next: The Section 8 notice is drafted on Form 3A for the grounds you rely on, with arrears from the rent ledger, on paid plans.
Get startedBackground
Section 8 possession readiness: what can stop the order
Section 21, the no-fault route under the Housing Act 1988, was abolished for new notices on 1 May 2026 by the Renters’ Rights Act 2025, including for tenancies that began before that date. Possession in England is now sought under Section 8, on a specified ground, with notice on Form 3A. This tool keeps its old address because that is where many landlords still look. It checks the deposit rules that can stop a possession order and shows the earliest date proceedings can begin on the ground you choose.
Only the deposit rules stop a Section 8 order. A court cannot make a possession order on most grounds while the deposit is not held in a government-approved scheme or the prescribed information has not been given (Housing Act 2004 s.215, as amended). Doing both, even late, lifts the bar, and so does returning the deposit or the tenant’s deposit claim being decided, settled or withdrawn. Grounds 7A and 14 (anti-social behaviour) are not affected.
Gas Safety records, EICRs, EPCs and the How to Rent guide were conditions for Section 21. They remain legal duties with their own penalties, but a lapse does not by itself stop a Section 8 order. On a discretionary ground the court still has to be satisfied that an order is reasonable.
Notice periods depend on the ground and run from the day the notice is served, that day included (Housing Act 1988 s.8). Grounds 1 and 1A need four months’ notice and cannot be used until the tenancy has run for a year. Grounds 8, 10 and 11 need four weeks. Grounds 7A and 14 need no minimum notice: proceedings may begin on the day of service. Ground 8 also needs at least three months’ rent unpaid, both when the notice is served and at the hearing.
The information duty has changed as well. GOV.UK withdrew the How to Rent guide on 1 May 2026. For a new tenancy the duty is the written statement of terms, given before the tenancy is agreed. The Renters’ Rights Act Information Sheet was a one-off for tenancies that already existed on 1 May 2026, due by 31 May 2026.
Section 8 claims go through the ordinary possession procedure, with a hearing; the accelerated paper procedure was only ever for Section 21. How long a claim takes after the notice depends on the court and on whether the tenant defends it.
Step by step
How to check your Section 8 possession readiness and the earliest date for proceedings
Pick the Section 8 ground, answer the deposit questions, enter the date you will serve the notice, and read the earliest date proceedings can begin.
- 1
Pick the Section 8 ground you intend to use
Ground 1 or 1A (landlord moving in or selling, four months’ notice), Ground 8, 10 or 11 (rent arrears, four weeks), or Ground 14 or 7A (anti-social behaviour, no minimum notice). The ground decides the notice period and whether the deposit rules apply.
- 2
Check the deposit
Is the deposit in a government-approved scheme, and has the prescribed information been given? If not, a court cannot make an order on most grounds until both are done, or the deposit is returned. Grounds 7A and 14 are not affected.
- 3
Enter the date you intend to serve the notice
The notice period runs from the day of service, that day included. Serve by a method you can prove, and keep evidence of the date.
- 4
Read the earliest date for proceedings
The tool returns the earliest date court proceedings can begin on that ground. It is not the date you get the property back.
- 5
Build the evidence pack before serving
Section 8 is ground-specific: the rent ledger for the arrears grounds, the incident log for anti-social behaviour, or evidence of the intention to sell or move in. Serve on Form 3A and keep proof of service.
Questions
Frequently asked questions
Can I still serve a Section 21 notice in 2026?
No. Section 21 was abolished on 1 May 2026 in England, so no new Section 21 notice can be served. Possession now goes through a Section 8 ground.
What blocks a Section 8 possession claim in 2026?
Only the deposit rules stop the court making the order: a deposit not held in a government-approved scheme, or prescribed information not given, stops an order on most grounds until it is put right, the deposit is returned, or the tenant’s deposit claim is decided or settled. Grounds 7A and 14 are not affected. The ground itself then has to be proved, with its own notice period and evidence.
Do I still need to serve the How to Rent guide in 2026?
No. GOV.UK withdrew it on 1 May 2026. For a new tenancy the information duty is now the written statement of terms, given before the tenancy is agreed. The separate Information Sheet was a one-off for tenancies that already existed on 1 May 2026, due by 31 May 2026.
How long does a Section 8 possession claim take?
It depends on the court and on whether the tenant defends the claim. Section 8 claims go through the ordinary possession procedure with a hearing, not the accelerated paper procedure, which was only for Section 21.
Does a late Gas Safety record stop a Section 8 claim?
No. Giving the tenant the Gas Safety record was a condition for Section 21, which was abolished on 1 May 2026. It is still a legal duty with its own penalty, but it does not by itself stop a Section 8 order.
What happens to a Section 21 served before 1 May 2026 but not acted on?
It could only be used if court proceedings were started within the transitional time limits, which ran out no later than 31 July 2026. A notice not acted on by then has lapsed, and possession now goes through Section 8.
What replaces Section 21 after 1 May 2026?
Section 8 grounds under Schedule 2 to the Housing Act 1988. Where the landlord wants the property back for their own reasons, the usual grounds are 1A (selling) and 1 (the landlord or a family member moving in), each with four months’ notice and not usable until the tenancy has run for a year. Where the tenant is at fault, Ground 8 (serious rent arrears) and the discretionary grounds such as 10, 11, 12 and 14 are the usual routes.
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