Editor's note: This brief was summarised by The Property AI Newsroom from a report by PropertyWire. Read the original article for full details.

Section 21 Abolished: Landlords Must Use New Eviction Process

Section 21 evictions have been abolished in England. Landlords must now use Section 8 of the Housing Act 1988, as amended by the Renters’ Rights Act, to regain possession of rental properties.

Landlords and letting agents are required to understand the distinction between mandatory and discretionary grounds for possession. Mandatory grounds require courts to grant possession if the landlord proves the ground and serves a valid Section 8 notice with the correct notice period. These grounds include landlord or family occupation, property sale, mortgage lender requirements, ending of superior leases, student accommodation, redevelopment, enforcement action, supported or homelessness-related accommodation, severe anti-social or criminal behaviour, lack of right to rent, and substantial rent arrears (at least three months at both notice and hearing stages).

Discretionary grounds allow courts to grant possession if the ground is proved and the court considers it reasonable. Evidence must cover the facts, wider context, impact, history of warnings or support, and why alternatives would not resolve the issue. Discretionary grounds include suitable alternative accommodation, rent arrears or persistent late payment, breach of tenancy obligations, property deterioration, anti-social behaviour, employment-linked lettings, false statements to obtain tenancy, and other specific circumstances.

Before serving a Section 8 notice, landlords must ensure all compliance obligations are met. Required documents include electrical installation condition reports (EICR), gas safety records, energy performance certificates (EPC), How to Rent guides, deposit protection and prescribed information, and the Renters’ Rights Act Information Sheet where applicable. Common errors that can disrupt proceedings include using incorrect forms, wrong notice periods, misstated grounds, inaccurate tenancy details, missing ground-specific preconditions, and lack of proof of service.

Form 3A must be completed with correct grounds, tenancy details, and notice periods. Service must be provable by personal service (with acknowledgement or process server’s certificate), postal service (recorded delivery with certificates of posting), or email (only if tenancy agreements permit). Evidence bundles for trial must include tenancy agreements, renewals, rent variations or assignments, proof of landlord’s title, completed Form 3A with proof of service, rent schedules, witness statements, and relevant correspondence.

For new grounds such as sale (Ground 1A), student HMO (Ground 4A), and persistent arrears (Ground 8A), additional evidence is required. For property sale claims, landlords must show intent at the hearing date with documents like a Memorandum of Sale or marketing evidence, proof the tenancy has lasted at least 12 months, and confirmation the property will not be re-let within 12 months of possession.