The rules in brief
- Section 21 notices can no longer be used for private tenancies in England.
- Serve a Section 8 notice on Form 3A (or a form to the same effect), naming at least one possession ground and explaining why it applies.
- Give the notice period that ground requires. If you use more than one ground, wait for the longest period before applying to court.
- If the tenant does not leave, apply for a possession order. The court fee is £415.
- For most grounds the court will not order possession unless the deposit was protected and the prescribed information given, or the deposit has been returned.
| Before 1 May 2026 | From 1 May 2026 | |
|---|---|---|
| Landlord notice | Section 21 (no fault) or Section 8 | Section 8 on Form 3A only |
| Form | Form 3 (Section 8) or Form 6A (Section 21) | Form 3A for private assured tenancies |
| Need a legal ground? | Not for Section 21 | Yes, every time |
| Notice validity | Usually two or six months for Section 21 | Usually 12 months from service of Form 3A |
Why Section 21 ended
The Renters' Rights Act 2025 abolished assured shorthold tenancies and Section 21 for private lets from 1 May 2026. Existing ASTs became assured periodic tenancies automatically. New tenancies start as assured periodic tenancies too: there is no fixed end date, and you can only regain possession through a Section 8 ground and, if needed, a court order.
The Act also changed what you must give new tenants before a tenancy is agreed. The mandatory written statement of terms sets out the rent, deposit, notice periods and that you can only end the tenancy with a possession order on a Section 8 ground. Our Renters' Rights Act guide explains those post-1 May 2026 tenancy structures in full.
This guide covers notices served on or after 1 May 2026. If you served a valid Section 21 or Section 8 notice before that date, follow the earlier rules that applied to that notice.
Choosing a ground
Grounds are mandatory or discretionary. On a mandatory ground the court must order possession if you prove the ground. On a discretionary ground the court only orders possession if it also thinks that is reasonable.
Write out the full statutory wording of each ground you rely on. GOV.UK publishes that wording next to Form 3A. Also explain, in your own words, why the ground applies to this tenancy.
| Ground | When landlords use it | Type | Notice |
|---|---|---|---|
| 1 — move in yourself or close family | You or a close family member will live in the home as your only or main home. Not in the first 12 months of the tenancy. | Mandatory | 4 months |
| 1A — sell the property | You intend to sell. Not in the first 12 months of the tenancy. Restrictions apply if you then re-let within a protected period. | Mandatory | 4 months |
| 8 — serious rent arrears | At least three months' rent unpaid (monthly rent) or 13 weeks (weekly or fortnightly), both when you serve the notice and at the hearing. Delays in Universal Credit housing payments are ignored. | Mandatory | 4 weeks |
| 10 — some rent unpaid | Any rent is unpaid when you serve the notice and at the hearing. | Discretionary | 4 weeks |
| 11 — persistent late payment | Rent has been paid late often enough to show a pattern. | Discretionary | 4 weeks |
| 12 — broken tenancy term | The tenant has broken another term of the tenancy. | Discretionary | 2 weeks |
| 14 — antisocial behaviour | Nuisance, annoyance or certain criminal behaviour. | Discretionary | Immediate |
| 7A — serious antisocial behaviour | Conviction or court order for specified serious antisocial behaviour. | Mandatory | Immediate |
For grounds 1 and 1A you can serve Form 3A during the first 12 months, but the earliest court date in the notice must fall after those 12 months. Some grounds also need prior notice in the tenancy paperwork before the tenancy began. Check the GOV.UK grounds guidance for the ground you intend to use.
Filling in Form 3A
Download the current Form 3A from GOV.UK's assured tenancy forms page. Private landlords must use Form 3A, not Form 3 (that form is for social housing assured tenancies). The form asks for:
- each named tenant and the full property address;
- the earliest date you can apply to court, which must respect the longest notice period of the grounds you are using;
- the grounds, in full statutory wording, plus your reasons;
- your name, or your agent's, and an address for correspondence;
- the date of service.
Give a copy to every named tenant. Serve it the way the tenancy agreement allows, or by hand, through the letterbox, or by recorded post. Email only if the agreement says notices can be sent that way. Keep proof of service: a certificate of posting, a dated photo of hand delivery, or a copy of the email.
A Form 3A notice is normally valid for 12 months from the date you serve it. After that you need a fresh notice. Antisocial behaviour grounds 7A and 14 let you apply to court as soon as the notice is served.
Deposit protection before you apply
For most grounds the court will refuse a possession order unless one of these is true:
- the deposit is in a government-approved scheme, you followed that scheme's rules, and you gave the prescribed information;
- you have returned the deposit in full, or with deductions the tenant agreed;
- a court case about the deposit has already been decided, settled or withdrawn.
These deposit rules do not apply to antisocial behaviour grounds 7A and 14. It is illegal to take a deposit that is not money; return any non-money deposit before seeking possession on any ground.
Applying to court
If the tenant stays after the notice period, apply for a possession order. You will need the served Form 3A, proof of service, and evidence for each ground.
- Rent arrears only: you can use Possession Claim Online (PCOL).
- Any other ground: use the paper claim (forms N5 and N119) at the county court that covers the property.
- The court fee is £415. A warrant of possession later costs £148.
Bring rent statements, the tenancy agreement, deposit paperwork, and any other evidence that supports the ground: estate agent instructions if you are selling, witness statements for antisocial behaviour, photos of damage, and so on. The judge may dismiss the claim if the notice is wrong, the ground is not proved, or you do not attend.
What the court can order
- An outright possession order: the tenant must leave by a date, usually within 14 days on a mandatory ground, or longer if the court finds extreme hardship (up to six weeks) or if a discretionary ground applies.
- A suspended possession order: the tenant can stay if they keep to conditions, such as paying rent plus an amount off the arrears.
- A money judgment: the tenant owes a stated amount, often rent arrears plus fees.
If the tenant does not leave under an outright order, or breaks a suspended order, apply for a warrant of possession so a county court bailiff can evict them. Do not change the locks yourself.
How LetRecord helps
LetRecord keeps each tenancy's start date, rent, deposit protection and prescribed information with the property, alongside the gas, electrical and written-statement records a court may ask to see. Upload the Form 3A you served and your proof of service as documents on the property so they sit with the rest of the file.
Common questions
Can I still use a Section 21 notice?
No, not for a private tenancy in England on or after 1 May 2026. You need a Section 8 notice on Form 3A and a legal ground. Notices validly served before that date follow the earlier rules.
What is Form 3A?
Form 3A is the Section 8 notice for private assured tenancies and assured agricultural occupancies in England. Download it from GOV.UK. Social landlords still use Form 3 until their changes take effect later.
How much notice do I give to sell or move in?
Four months, on ground 1 (moving in) or ground 1A (sale). You cannot use those grounds in the first 12 months of the tenancy.
How much rent must be unpaid for mandatory possession?
For ground 8: at least three months' rent if rent is monthly, or 13 weeks if weekly or fortnightly, both when you serve the notice and at the hearing. The notice period is four weeks.
Does the tenant have to leave when the notice ends?
No. The notice only lets you apply to court. Until a court orders possession and, if needed, a bailiff enforces it, the tenant can stay. Changing the locks yourself is illegal.
What if the deposit was not protected?
For most grounds the court will not order possession until the deposit is protected and the prescribed information given, or the deposit has been returned. Antisocial behaviour grounds 7A and 14 are the main exceptions.
Official sources
This guide explains the rules in general terms and is not legal advice.
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