What Replaces Section 21 After May 2026?

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Section 8 possession grounds replace Section 21. New grounds are being added including landlord sale and family moving in. All evictions will require a specific reason. Landlords can no longer end tenancies without cause.

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What replaces Section 21?

Section 8 of the Housing Act 1988 becomes the only eviction route. It has always existed alongside Section 21, but now it's the sole option.

The key change: you'll always need a reason to end a tenancy.

What are the new possession grounds?

Two new mandatory grounds are added: Ground 1A for selling the property and expanded Ground 1 for family occupation. Both require 12 months of tenancy first.

Ground 1A (NEW): Landlord intends to sell

  • Mandatory ground
  • 12 months minimum tenancy before using
  • 4 months' notice required
  • Must genuinely intend to sell

Ground 1 (expanded): Family occupation

  • Mandatory ground
  • 12 months tenancy requirement
  • 4 months' notice
  • For landlord or close family to live in

How is Section 8 different from Section 21?

Section 21 required no reason and was almost guaranteed to succeed if valid. Section 8 requires proving a specific ground, court hearings are contested, and discretionary grounds can fail even if proved.

Aspect Section 21 Section 8
Reason needed No Yes
Court hearing Paper-based (accelerated) Full hearing
Success rate Near 100% if valid Depends on ground/evidence
Notice period 2 months 2 weeks to 4 months

How do I prepare for the change?

Start documenting everything now. Section 8 is evidence-based. Good record-keeping of rent payments, property condition, communications, and any issues gives you options if you ever need to seek possession.

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LandlordOS tip

Learn Section 8 before you need it. Understand which grounds apply to different situations. The landlords who struggle post-abolition will be those who never used Section 8 and don't understand the evidence requirements.

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