If you rent out a property in London, the rules for regaining possession have changed. Since 1 May 2026, landlords of most privately rented homes in England can no longer use Section 21. If you need your property back, you will generally need a legal reason, known as a ground for possession, and must follow the Section 8 process.
This guide explains the key steps, common grounds and notice periods. It is practical information, not legal advice. The rules can depend on your tenancy and circumstances, so check the current government guidance or speak to a qualified adviser before serving notice.
What Has Changed for Landlords?
The Renters’ Rights Act 2025 came into force for relevant private tenancies on 1 May 2026. Section 21 “no-fault” notices are no longer available for these tenancies. Instead, a landlord must rely on one or more statutory grounds and use Section 8.
For most landlords, this means:
- You need a valid ground that fits your circumstances.
- You must give the correct notice and explain why the ground applies.
- If your tenant does not leave, you must apply to court for a possession order.
- You cannot evict a tenant yourself or change the locks to bypass the court process.
Some types of accommodation are treated differently. For example, the government’s guidance states that the changes for Private Registered Providers of social housing apply from 2027. Check which rules apply to your tenancy before acting.
Which Section 8 Grounds Could Apply?
Grounds fall into two broad categories:
- Mandatory grounds: If the court is satisfied that the ground is proven and its requirements are met, it must make a possession order.
- Discretionary grounds: The court decides whether possession is reasonable, even if the ground is proven.
Common examples include:
- You want to move into the property or sell it. These grounds have specific eligibility and timing requirements. For example, the government guidance says Grounds 1 and 1A cannot be used to recover possession before the tenant has lived in the property for 12 months.
- Rent arrears. Ground 8 is a mandatory ground if the required arrears threshold is met at both the notice stage and the court hearing. Grounds 10 and 11 may apply to some arrears or repeated late payment, but are discretionary.
- A tenancy breach. Depending on the circumstances, a breach of the tenancy agreement may provide grounds to seek possession.
- Serious antisocial behaviour. Specific grounds cover certain types of antisocial conduct. The evidence and notice requirements depend on the ground relied upon.
Some grounds also require you to have given the tenant prior notice at the start of the tenancy. Do not assume that a ground applies simply because it sounds relevant. Check its full wording, conditions and evidence requirements in the official grounds for possession guidance.
Section 8 Notice Periods: What Should You Expect?
The notice period depends on the grounds in your notice. If you rely on more than one ground, the longest applicable period generally determines how long you must wait before starting a claim.
Some commonly relevant minimum periods are:
| Example ground | Minimum notice period |
|---|---|
| Landlord moving in or intending to sell, where the relevant statutory ground applies | Four months |
| Mandatory rent arrears Ground 8 | Four weeks |
| Discretionary arrears Grounds 10 and 11 | Four weeks |
| Certain breach and antisocial-behaviour grounds | Often two weeks, subject to the specific ground and its rules |
This is a quick guide, not a complete list. Other grounds have different periods, and some antisocial-behaviour situations have special rules. Always check the current government guide to repossessing a privately rented property before serving notice.
For a Section 8 notice to be valid, you generally need to use Form 3A or a form substantially to the same effect. You must identify the ground or grounds, explain fully why each applies, and give the required notice. Keep a copy of the notice and evidence showing when and how you served it. An incomplete or incorrect notice can delay or undermine a claim.
What Happens If the Tenant Does Not Leave?
A notice does not itself give you the right to take back the property. If the tenant remains after the notice period, the next steps are through the court:
- Make a possession claim. If your claim is only for rent arrears, the government’s Possession Claim Online service may be available. For other grounds, the paper process generally uses Form N5 and Form N119.
- Provide evidence. This may include the tenancy agreement, a copy of the notice, proof of service and documents that support the grounds. For rent arrears, keep clear payment records. For other grounds, relevant evidence will vary.
- Attend a hearing if one is listed. A judge may make a possession order, adjourn the case or dismiss the claim. For discretionary grounds, the judge considers whether it is reasonable to make an order.
- Apply for enforcement if necessary. If the tenant does not leave by the date in a possession order, you may need to apply for a warrant so a court bailiff can enforce it. Do not try to enforce the order yourself.
The process can take time, and the outcome depends on the facts and the court’s decision. Missing a step or relying on a ground you cannot prove may mean further delay. For advice on your specific situation, contact a qualified housing solicitor or adviser.
Reduce Risk With Clear Records and Reliable Management
Good management cannot remove the need to follow the law, but organised records can help you stay on top of your responsibilities and respond to issues promptly.
Consider keeping:
- A signed tenancy agreement and clear rent records.
- Copies of notices, correspondence and service evidence.
- A record of reported repairs, inspections and work completed.
- Relevant evidence if you believe a tenancy obligation has been breached.
- Confirmation that any deposit requirements have been met.
The government guidance notes that deposit protection requirements can affect whether a court will make a possession order on many grounds. Check that your arrangements are correct and seek advice if you are unsure.
Guaranteed Rent vs Renting to Private Tenants Directly
Section 8 is the route you use when a direct tenancy breaks down. The other way to look at it is that most of what makes Section 8 necessary never arises under a guaranteed rent arrangement, because the risks sit with the operator rather than with you.
Here is how the two approaches compare:
| The headache | Renting to private tenants directly | RNS Homes guaranteed rent |
|---|---|---|
| Rent payments | Rent stops the moment a tenant stops paying, and arrears recovery is on you | Fixed monthly rent paid to you for up to five years, regardless of occupancy |
| Getting possession back | You must serve a valid Section 8 notice on the correct ground, wait out the notice period, and win at court if the tenant does not leave | You are not managing tenants directly, so possession disputes of this kind do not arise under your agreement |
| Court, bailiffs and legal costs | A possession claim can take months and the outcome depends on the facts and the court’s decision | No court process for you to fund or attend |
| Voids between tenancies | Every empty day is unpaid: mortgage, council tax, insurance and standing charges continue | No void-related loss of income during the agreed term |
| Day-to-day tenant matters | Tenant queries, maintenance calls, inspections and chasing rent all land on you, at all hours | RNS Homes handles tenant matters, maintenance and day-to-day management at zero management cost to you |
| Rent reviews and re-letting | You re-market the property, reference tenants and set rents repeatedly through the term | A long-term agreement means no repeated re-letting cycle |
| Your time | The whole process above is your time, whether you manage it yourself or pay an agent to do parts of it | A genuinely hands-off arrangement: the rent we agree is the rent you receive |
Why RNS Homes’ Guaranteed Rent Is the Better Option for Landlords Who Want Certainty
Under a direct letting, your income depends on a private tenant paying on time, staying, and leaving cleanly when the tenancy ends. If any of those fail, Section 8 is your remedy, and the process above shows how involved that can be.
With RNS Homes’ guaranteed rent scheme, the arrangement is different. We agree a fixed monthly rent with you for up to five years and pay it regardless of occupancy or void periods. We place and manage the occupiers, handle maintenance and deal with the day-to-day running of the property at zero management cost to you. The rent we agree is the rent you receive.
In plain terms, the difference is this: if a private tenant stops paying, your income stops and your recovery route is the Section 8 process. Under guaranteed rent, your income does not stop, because the contractual obligation to pay you sits with RNS Homes, and we carry the management burden that would otherwise be yours.
This is also why the guaranteed rent model pairs naturally with the way we work with councils and public-sector organisations on social housing solutions: the properties we lease are put to work meeting genuine housing need, while you receive a steady, contracted income without the tenant management that would normally come with it.
A guaranteed rent agreement is not legal advice and does not remove the statutory duties that apply to you as the property owner. Those responsibilities, and the terms of the agreement, are set out clearly before you proceed. Our property management service page explains the full scope of what we handle on your behalf.
Get Clear Guidance on Your Next Step
The Section 8 process now matters to any private landlord seeking possession under the new rules. Check the relevant ground, notice period, form and evidence requirements before taking action. If you need advice on your legal rights, speak to a qualified adviser.
If you are looking for a more predictable rental arrangement instead, tell our team about your property. We will explain how guaranteed rent for landlords works, answer your questions and help you understand whether it suits your plans, with no pressure to proceed.