Renters’ Rights Act · possession

Possession after section 21

Updated 16 October 2026 · England only

For notices served from 1 May 2026, landlords cannot use section 21 for private assured tenancies. A landlord must use section 8, rely on an applicable ground for possession and follow the correct notice and court process.

Start with the legal reason

Record the exact ground you believe applies and the facts supporting it. The government warns against using a ground without a reasonable belief that the court will grant possession. Some grounds are mandatory when proved; others leave a decision to the court.

Build the evidence before serving

Gather the signed or recorded tenancy terms, rent ledger, deposit records, correspondence, inspection or repair evidence, and any material specific to the proposed ground. Keep original dates and files. Do not rewrite notes after the event without clearly identifying when the later note was made.

Check the notice and service

Use the current prescribed form and notice period for the ground. Record which version of the form you used, when it was served, the service method and the earliest date for the next step. If the tenant remains after the notice period, a court order is normally required.