Following the abolition of Section 21 under the Renters’ Rights Act, you will now need to use the grounds-based process under Section 8 to take back possession of your rental property. As part of a new regular feature series, we are taking a deep dive into the 37 revised grounds, looking into how and when you can use them, notice periods and the level of evidence needed to support your claim.
- Ground 1: can be used if you or a close family member plan to move into your rental property.
- Ground 1a: can be used if you want to sell the property.
Both are mandatory grounds – meaning that if you can prove the ground, the court has to give you a possession order to start the process of repossessing the property.
If the tenant does not leave during the notice period, you can start court proceedings to take back your rental.
But it’s important to note, if you are using these grounds, you cannot ask the tenant to give up possession in the first 12 months of the tenancy.
Using Ground 1
To use this ground either you must want to move into the property yourself, or need it for a ‘close’ family member. For the purposes of the ground, this includes any husband, wife, civil partner, or partner with whom you share a home, as well as any parent, grandparent or sibling, and child or grandchild of you or your partner. It also includes half siblings. The ground already existed pre-Renters’ Rights but has been changed to expand the definition of close family and removing the need to give your tenants prior notice that you intend to use the ground.
Using Ground 1a
Ground 1a is a new ground introduced under the Renters’ Rights Act and can be used if you want to sell your rental property for whatever reason.
What do I need to do to serve the notice?
Section 8 notices changed significantly from 1 May 2026, with a new version of the notice created in response to this.
The Section 8 notice is a prescribed form, meaning it must contain wording mandated by the Government. The new version, Form 3a, is available to download from the Government website.
As well as information including:
- The full name of all tenants
- An accurate date on which you may apply for possession
- An explanation of why you are relying on the possession ground
- Your details (or your agent’s) and a signature
You will also need to insert the legal text of each ground (available via the link) for the notice to be valid.
It is important to make sure you are using the right form as the old form (Form 3) is now invalid. You also need to be careful when filling it in, as you could face a fine for getting it wrong.
Once this is complete, you can serve the Section 8 notice on your tenant. If they fail to leave once the notice period has expired, you can apply to the courts to repossess the property.
What is the notice period?
For both Grounds 1 and 1a, you must give at least four months’ notice before you can apply for a possession order to take back your property.
If you are using these grounds, you cannot ask the tenant to leave during the first 12 months of a new tenancy. However, Government guidance says you can give the four months’ notice during this period, provided it does not expire before the 12-month period has ended. If it would, then you need to give a longer notice period to take the tenancy past the one-year mark.
It is worth noting that 1st May 2026, when the Renters’ Rights Act was introduced, did not act as a ‘reset’ for the date on which existing tenancies began.
Restrictions on gaining possession
The Act has introduced two new restrictions which could prevent you being granted possession. This would happen where:
- You haven’t correctly protected the security deposit.
- You have marketed or let a property without registering on the PRS Database.
As the database isn’t live yet, only the first restriction is currently in force.
Is there anything I can do if I only realise there is an issue after serving the notice?
The restrictions don’t prevent you serving a Section 8 notice, they prevent you from obtaining a possession order.
You could serve the Section 8 notice, realise the deposit is unprotected, and protect or return the deposit to the tenant before the court hearing to regain your right to a possession order.
However there are fines and penalties associated with this – so it makes sense to make sure you are compliant with the rules at all times.
Rules on reletting?
According to the guidance you cannot advertise the property to relet, or physically re-let it until 12 months from either:
- The date given in the notice (four months after the serve date).
- The date on which the possession claim is filed with a court.
The final date will be whichever is the later of the two.
What if I get it wrong?
You can face fines if you get it wrong. If you are using one of these grounds, but have no intention of selling or moving in (or of a close relation moving in) – and your tenant leaves in line with the notice period – you could be fined up to £7,000.
If you commit a criminal offence by breaching the rules on ground 1 or ground 1A you could be fined up to a maximum of £40,000.
Your tenant could also apply for a rent repayment order if you have:
- breached rules on letting or marketing property during the restricted period
- knowingly or recklessly misused a possession ground
This application would need to be made within two years of the offence and could be for a maximum of two years’ rent.
The new rules are complex, and it is vital you read related guidance to avoid getting anything wrong.