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Tenancy & the law

Section 8 Notice Period Checker (2026 Grounds)

Section 21 is gone: from 1 May 2026 every eviction in England needs a Section 8 ground under the Renters' Rights Act. Pick your situation and see which grounds apply, the notice period each one requires, whether the court must grant possession or merely may, and the conditions to watch.

What is the situation?

Section 21 no-fault notices are abolished; every eviction now needs a Section 8 ground.

Ground 8: Serious rent arrears
MandatoryNotice: 4 weeks

At least 3 months' rent unpaid (13 weeks' if rent is weekly or fortnightly) BOTH when notice is served and at the hearing. If the tenant pays down below the threshold before the hearing this ground fails; keep a dated rent statement.

Ground 10: Some rent arrears
DiscretionaryNotice: 4 weeks

Some rent was unpaid when notice was served and when proceedings began. The court also weighs whether eviction is reasonable, so it is usually pleaded alongside Ground 8.

Ground 11: Persistent delay in paying rent
DiscretionaryNotice: 4 weeks

The tenant has repeatedly paid late, even if nothing is owed on the day. Evidence: a payment history showing the pattern.

This is not legal advice.

These are the grounds for England as amended by the Renters' Rights Act 2025, in force from 1 May 2026, checked against the official guidance on 3 July 2026. Getting a notice wrong can invalidate the whole claim, so verify the current rules on gov.uk and take advice before serving anything. Social-landlord-only grounds are not shown.

A guide to the England grounds in force from 1 May 2026, verified against gov.uk guidance on 3 July 2026. It is not legal advice and does not cover Wales, Scotland, social-landlord-only grounds or transitional cases. Notice validity is unforgiving, so confirm on gov.uk and take advice before serving.

Questions landlords ask

Straight answers to the questions behind this calculator. The Padlord blog goes deeper on every topic here.

Can I still use a Section 21 notice?

No. The Renters' Rights Act abolished Section 21 no-fault evictions for the new tenancy system from 1 May 2026, and existing tenancies converted to the new system on the same date. Every possession claim now needs a Section 8 ground, served on the new Form 6A-replacement notice, with the notice period that ground requires.

What is the difference between mandatory and discretionary grounds?

If a mandatory ground is proved, the court must order possession. With a discretionary ground the court also asks whether eviction is reasonable, so evidence of the wider picture matters and possession is never guaranteed. Landlords often plead a discretionary ground such as Ground 10 or 11 alongside a mandatory one such as Ground 8 as a fallback.

How much arrears do I need for Ground 8 now?

At least 3 months' rent (or 13 weeks' if rent is paid weekly or fortnightly), owed both on the day the notice is served and at the court hearing, with 4 weeks' notice. That is a higher bar than the old 2 months, and a tenant who pays down below the threshold before the hearing defeats the mandatory ground, leaving only the discretionary arrears grounds.

When can I evict to sell or move back in?

Grounds 1A (selling) and 1 (you or close family moving in) both need 4 months' notice and cannot be used in the first 12 months of the tenancy. After using either ground you cannot re-let or re-market the property for 12 months, and councils can fine landlords who abuse these grounds, so only serve them when the sale or move is genuine.

Related tools

Deposit capWork out the maximum tenancy and holding deposit you can legally take under the Tenant Fees Act: 5 or 6 weeks' rent, plus a one week holding deposit.

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