Evicting a Tenant - Section 8 and Section 21 Notices

How JLN help

• Pre-service notice review. A fixed-fee review of your draft Section 8 notice, the ground or grounds you intend to rely on, the notice period, and your supporting evidence — before anything leaves your hands.
• Drafting and serving Section 8 notices. We prepare the notice on Form 3A, ensuring the correct ground, wording, notice period, and service method, with a clean record of service.
• Possession claims. We issue the claim, prepare witness evidence and supporting documents, and represent you at the court hearing.
• Enforcement. Once a possession order is granted, we apply for a warrant of possession and instruct county court bailiffs or, where appropriate, High Court enforcement officers.
• Section 21 transitional cases. If you served a valid Section 21 notice before 1 May 2026, you must apply to court by the earlier of six months from the date of service or 31 July 2026. We can advise on whether your notice will hold up and manage the application to court.
• Invalid notice advice. If your notice has a defect, we identify the problem and advise on the quickest route to a fresh, valid notice.
• Defending rent repayment order applications. Where a tenant applies to the First-tier Tribunal on the basis that a possession ground was knowingly misused, we defend the claim.

Common situations we advise on

Tenant in rent arrears. Ground 8 now requires three months of arrears — up from two — at both the date of notice and the date of the hearing. The notice period has doubled to four weeks. Arrears caused by Universal Credit or other benefit payment delays do not count. We advise on whether the threshold is met and whether to combine Ground 8 with discretionary fall-backs.

See how we helped a residential landlord secure possession and recover substantial rent arrears.

You want to sell the property. Ground 1A is the mandatory ground for sale and requires four months’ notice. It cannot be used in the first 12 months of the tenancy. Critically, re-letting the property within 12 months of service — including via short-term platforms — is prohibited. We advise on timing, evidence and the consequences of getting this wrong.

You or a family member want to move in. Ground 1 has been widened to cover close family members. The same 12-month re-letting restriction applies. We help landlords structure the timing and gather the evidence the court will require.

Anti-social behaviour or nuisance. Grounds 7A and 14 allow for immediate notice, but the evidence threshold is high. We work with landlords to document and present evidence in a form the court will accept.

Tenant has not left after the notice period. Serving the notice is only the first step. We issue the possession claim, attend the hearing, and take enforcement action where needed.

Student HMO at the end of the academic year. Ground 4A allows re-possession for incoming students, but the notice must expire between 1 June and 30 September and the conditions are narrow. We advise on eligibility and timing.

Your deposit was not protected on time. Under the Renters’ Rights Act 2025, the court cannot make a possession order on most Section 8 grounds unless the deposit was protected and the prescribed information served correctly. If you are not sure about your position, contact us before serving any notice.

Section 21 transitional cases

If you served a valid Section 21 notice on or before 30 April 2026, you can still apply to court for possession. The deadline is the earlier of six months from the date the notice was served or 31 July 2026 — whichever falls first. A landlord who served in October 2025, for example, would already be time-barred under the six-month rule. After 31 July 2026, all Section 21 routes close permanently.

This is a short, fixed window and the deadline cannot be extended. If you have a live Section 21 case, see our Section 21 transitional guide or contact us directly.

To make an enquiry, you can email us at wewillhelp@jonathanlea.net, complete our contact form, or call us on 01444 708640.

Note: This page applies to residential tenancies in England only. Wales operates a separate regime under the Renting Homes (Wales) Act 2016.

This is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited