Ending a tenancy after Section 21: grounds, notices and court steps
Since 1 May 2026, ending a tenancy in England needs a possession ground and Form 3A. The main grounds, notice periods, court forms and fees.
Section 21 no-fault notices ended in England on 1 May 2026. A landlord who wants a property back now has to rely on a possession ground, give the right notice on Form 3A, and, if the tenant does not leave, get a court order.
For letting agents this is now a core skill. Landlords will ask you which ground applies, how long it takes, and what happens if they get it wrong. This guide gives you the answers, checked against gov.uk on 16 September 2026.
England only. The rules in Wales, Scotland and Northern Ireland are different.
What happened to Section 21 notices served before 1 May 2026
Landlords can no longer apply to court using a Section 21 notice. Notices served before 1 May 2026 could only be used if proceedings started by 31 July 2026 (or earlier, if the notice itself ran out first). Claims issued by that date carry on; no new ones can be made.
If a landlord tells you they have "a Section 21 ready to go", it is no longer usable.
The grounds you will use most
| Ground | Used when | Notice | Restrictions |
|---|---|---|---|
| Ground 1 | Landlord or family member moving in | 4 months | Not in the first 12 months of the tenancy |
| Ground 1A | Landlord selling | 4 months | Not in the first 12 months of the tenancy |
| Ground 8 | Serious rent arrears | 4 weeks | At least 3 months' rent owed |
| Ground 8A | Repeated rent arrears | See gov.uk guidance | Covers tenants who repeatedly fall into arrears |
| Grounds 10 and 11 | Some arrears, or persistent late payment | See gov.uk guidance | Discretionary: the court decides |
| Grounds 7A and 14 | Antisocial behaviour | See gov.uk guidance | Serious cases can move quickly |
Ground 8 changed in two ways under the Act: the threshold rose from 2 to 3 months' arrears, and the notice period from 2 weeks to 4 weeks.
Grounds 1 and 1A cannot be used until 12 months after the tenancy started. That 12-month protected period is the single biggest change for landlords who used to rely on a short fixed term.
Step by step: from notice to possession
- Pick the ground and check the evidence. A landlord must genuinely believe the ground applies. For arrears, pull an up-to-date rent statement.
- Serve Form 3A. Use the current version from gov.uk's assured tenancy forms page, and give the notice period the ground requires.
- Wait for the notice to expire. Many tenants leave once the position is clear, especially with 4 months to find somewhere.
- Apply to court if needed. Use the standard possession claim form (N5) with particulars of claim (N119), online through Possession Claims Online or on paper. gov.uk lists the application fee as £415.
- Attend any hearing. For discretionary grounds, the court weighs whether possession is reasonable.
- Enforce the order. If the tenant still does not leave, apply for a warrant of possession. gov.uk lists that fee as £148.
Mistakes that now carry fines
Councils can issue financial penalties of up to £7,000 for breaches and up to £40,000 for offences. gov.uk's enforcement guidance includes:
- trying to end a tenancy with a notice to quit or any other invalid notice
- using a possession ground without reasonable belief that a court would grant possession
- reletting or remarketing a property within the 12-month restricted period after taking it back on Ground 1 or 1A
- claiming a tenancy is fixed term, or that it can be ended verbally
The guidance also says that people acting on a landlord's behalf can be liable. If your agency serves the notice, check it before it goes.
What to tell landlords
Landlords used to Section 21 need a short, honest briefing:
- Plan ahead. Selling or moving in means 4 months' notice, and not in the first year.
- Keep records. Arrears claims need clean rent statements. Behaviour claims need dated evidence.
- Don't relet after using Ground 1 or 1A. Taking the property back to sell, then letting it again within 12 months, is an offence.
- Keep compliance current. Unprotected deposits and missing safety certificates weaken a landlord's position and invite penalties. See our compliance checklist.
For arrears in particular, early action is cheaper than court. Our guide to handling rent arrears sets out a process that keeps you on the right side of Ground 8.
Keeping it organised
Possession cases turn on dates and evidence: when the tenancy started, what was owed and when, what notice was served and when it expires. In Letfold, each tenancy keeps its rent schedule, arrears, documents and notes on one record, so the facts a court asks for are in one place.
Frequently asked questions
Can I still serve a Section 21 notice?
No. Section 21 was abolished in England from 1 May 2026, and notices served before then could only be used if court proceedings began by 31 July 2026.
How much notice does a landlord give to sell the property?
Four months, using Ground 1A on Form 3A. It cannot be used in the first 12 months of the tenancy.
How many months of arrears does Ground 8 need?
At least three months' rent, with four weeks' notice.
What form is the notice served on?
Form 3A, available from gov.uk's assured tenancy forms page.
Can a landlord relet after using the selling ground?
Not within the 12-month restricted period. Reletting or remarketing during it is an offence that can lead to a penalty of up to £40,000 or prosecution.
Sources
Checked on 16 September 2026:
- Repossessing your privately rented property after 1 May 2026 (gov.uk)
- Giving notice of possession to tenants before 1 May 2026 (gov.uk)
- Assured tenancy forms (gov.uk)
- Guide to the Renters' Rights Act (gov.uk)
- Enforcement measures for landlords: Renters' Rights Act 2025 (gov.uk)
This article is general information, not legal advice. Possession cases can be complex; speak to a housing solicitor about a specific case.
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