# Section 8 notices after the Renters' Rights Act: every common ground and its notice period > With Section 21 gone, every possession claim now starts with Section 8. The common grounds, notice periods and the 12-month protected period. - Page to cite: https://aeolookup.com/letting-agents/section-8-notice-after-renters-rights-act/ - Publisher: AEO Lookup (https://aeolookup.com/) - Section: Letting agents, Notices and arrears - Published 1 October 2026 - Key fact: We tabulated the government's grounds guidance; the gap between the shortest and longest common notice is now 4 weeks against 4 months, and a landlord who wants to sell cannot have the notice expire within the first 12 months of a new tenancy. - Sources: GOV.UK "Grounds for possession: guidance for landlords and letting agents" and "Guide to the Renters' Rights Act"; MHCLG "Implementing the Renters' Rights Act 2025: our roadmap"; Property Industry Eye on NRLA survey data; all read 2026-10-01; GOV.UK, Assured tenancy agreements: a guide for landlords, "If your tenant wants to leave", read 2026-10-01. Since 1 May 2026, Section 21 "no fault" notices cannot be used in the private rented sector. Almost all private tenancies are now assured periodic tenancies with no fixed end, and a landlord who wants the property back has to use a Section 8 notice and rely on one or more grounds set out in law. "Section 8 notice" is now one of the most searched phrases in lettings. This is the guide we would want on the agency's desk. ## The grounds you will use most From the government's guidance for landlords and letting agents: | Ground | When it applies | Notice | |---|---|---| | 1: landlord or family moving in | Landlord or close family member intends to live there | 4 months | | 1A: selling | Landlord intends to sell | 4 months | | 8: serious rent arrears | 3 months' rent (monthly) or 13 weeks' (weekly or fortnightly) owed at notice and at the hearing | 4 weeks | | 10: any rent arrears | Some rent unpaid; court decides if reasonable | 4 weeks | | 11: persistent arrears | Rent repeatedly paid late; court decides | 4 weeks | | 14: anti-social behaviour | Nuisance or criminal behaviour | None; court can act 14 days after notice | Grounds 1, 1A and 8 are mandatory: if the conditions are proved, the court must order possession. Grounds 10, 11 and 14 are discretionary: the court decides whether possession is reasonable in the circumstances. ## The 12-month protected period Grounds 1 and 1A, moving in and selling, cannot be used to end a tenancy in its first 12 months. The guidance allows notice to be served during that period, but it cannot expire until 12 months have passed. With a 4-month notice, the earliest a landlord can serve to sell is about 8 months in. Ground 1A also cannot be used for an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy. Landlords who use Ground 1 or 1A and then re-let the property within the restricted period risk enforcement by the council, so make sure the reason is genuine and recorded. ## Rent arrears: the new threshold The arrears threshold for Ground 8 went up from two months' rent to three, and the notice from two weeks to four. The guidance adds an exception: Ground 8 cannot be used where the arrears exist only because the tenant's Universal Credit has not been paid. Our [Ground 8 checker](https://aeolookup.com/letting-agents/ground-8-rent-arrears-checker/) does the sum for any rent and frequency. Because the threshold has to be met at the hearing as well as at notice, agents commonly serve Grounds 8, 10 and 11 together. If the tenant pays down below three months before the hearing, the claim can continue on the discretionary grounds. ## What to check before serving - **The right ground and the right date.** A notice that expires a day early, or relies on a ground that does not fit the facts, can sink the claim and mean serving again. - **The paperwork from the start of the tenancy.** Deposit protection and prescribed information, gas and electrical safety records, the EPC, and (for tenancies that existed before 1 May 2026) proof that the government information sheet was given. Our [compliance date tracker](https://aeolookup.com/letting-agents/lettings-compliance-date-tracker/) helps keep these current. - **Letters before notice.** For arrears, a sequence of letters offering a repayment plan supports a discretionary claim. The [rent arrears letter maker](https://aeolookup.com/letting-agents/rent-arrears-letter-template/) covers it. - **The agency agreement.** Who decides to serve, and who signs? The Act puts the obligations on the landlord, but the agent usually holds the records. ## What tenants can do Tenants can now end a tenancy by notice at any time. Two months is the most a landlord can ask for, and the period that applies when the agreement is silent; the agreement can set less, and the notice has to end on a rent day or the day before. Our [guide to the tenant's notice](https://aeolookup.com/letting-agents/tenant-notice-period-two-months-end-date-letting-agents/) works a date through. There is no fixed term to wait out, so turnover is less predictable for agents. Landlords are leaning on agents more: in NRLA survey data reported by Property Industry Eye, 66% of members used an agent in some capacity, the highest share in at least two years. This is general information for England, not legal advice. Possession is technical; for anything contested, use a specialist solicitor or your trade body's helpline. ## Short answers from this page **Is Section 21 abolished?** Yes. Since 1 May 2026 a landlord in England can no longer end a tenancy with a Section 21 notice; possession is by a Section 8 notice on one of the stated grounds. Notice periods now run from four weeks for serious rent arrears to four months for a landlord who wants to sell or move in. **How much notice does a landlord have to give to sell the property?** Four months, using the sale ground under Section 8, and the notice cannot expire within the first 12 months of a new tenancy. The landlord cannot re-let the property for a period afterwards if it does not sell, so the ground is for a real sale. --- ![](https://aeolookup.com/img/d/owner-line.png) General information for UK small firms, not legal, tax or financial advice.