Section 8 explained, now it is the only route to possession

where is section 8

In England, Section 8 is section 8 of the Housing Act 1988 — the statutory provision that lets a landlord apply to court for possession by relying on the grounds listed in Schedule 2 to the Act. The authoritative text is on legislation.gov.uk. Practically, Section 8 remains the statutory route for possession claims; after the Renters Reform changes landlords can no longer use Section 21 for assured shorthold tenancies and must instead rely on Section 8 and the Schedule 2 grounds.

what is section 8

In England, a "section 8 notice" is the written statutory notice under section 8 of the Housing Act 1988 that a landlord serves to start a grounds‑based possession claim under the Schedule 2 grounds. It is the mechanism that lets a landlord ask the court for possession when one or more specified grounds (for example rent arrears or antisocial behaviour) are relied on; some grounds are mandatory, others discretionary, and the court will expect evidence that the chosen ground is made out.

section 8 vs section 21

Section 8 is a grounds‑based route under Schedule 2 that survives and requires the landlord to specify and prove factual grounds; Section 21 was a no‑fault, technical route but has been abolished for assured shorthold tenancies, so landlords must now rely on Section 8. The practical difference is that Section 8 involves proving facts (some grounds force possession if proved) whereas Section 21 simply required technical compliance; note that as at end July 2026 no post‑Act possession case has reached a concluded hearing, so courts have not yet given settled answers on how the reformed grounds will be applied.

section 8 and section 21 notices

A section 8 notice in England is served on the tenant using the prescribed approach (the court form route uses Form 3 / 3A to start a Section 8 claim) and must specify which Schedule 2 ground(s) and the facts relied on; the former Section 21 notice was historically Form 6A. Because Section 21 has been abolished for assured shorthold tenancies, Form 6A is no longer a valid route for possession on GOV.UK — Section 8 (Form 3/3A when progressing to court) is now the statutory mechanism.

what is the difference between section 8 and 21

The core legal differences are these: Section 8 requires the landlord to cite specific Schedule 2 grounds and be ready to evidence those facts at court (some grounds are mandatory, some discretionary); Section 21 required no allegation of fault and depended on technical compliance with prescribed steps but is now abolished for ASTs. Practically this means landlords must plan possession cases around the factual thresholds in the Schedule 2 grounds (for example the arrears thresholds) rather than relying on a separate no‑fault notice — although no post‑Act case law has yet settled how judges will apply the reformed grounds.

where can i get a section 21 notice form

You cannot obtain a valid, current Section 21 notice form for assured shorthold tenancies from GOV.UK because Section 21 has been abolished for ASTs; the historic Form 6A used to be published there but is no longer an active or lawful route for possession. Do not use old templates; if you intend to seek possession you should be preparing a Section 8 route (the court process uses Form 3/3A and supporting particulars) and follow current GOV.UK and court form guidance.

What am I actually supposed to do differently now that Section 21 no longer exists?

You must serve a Section 8 notice (and, if you proceed, use Form 3/3A to start court proceedings) citing one or more Schedule 2 grounds and be prepared to prove the factual threshold for that ground (for example a rent ledger for arrears). In short: no more no‑fault notices for ASTs; prepare evidence, check the correct minimum notice for the ground you rely on, and follow the Section 8 court route. For a clear comparison of the routes see our guide: Section 21 notice vs Section 8: UK eviction rules for 2026.

I let my property to the council on a fixed-term head-lease and never served a Section 21 on the council myself - now the fixed term is ending, does the abolition of Section 21 stop me getting my property back at all, or does it only protect the occupants the council placed there?

The abolition of Section 21 does not by itself stop you getting your property back from a council at the end of a fixed‑term head‑lease: recovery turns on the contract (the head‑lease) and general landlord‑and‑tenant law rather than on the Section 21 regime, because councils holding a head‑lease are not ordinarily assured shorthold tenants occupying as private dwellers. In other words, Section 21’s removal affects assured shorthold tenancies, not the contractual relationship with a local authority — but there is no public post‑Act case law yet on edge cases where sub‑occupancy by council‑placed tenants intersects with the new grounds.

As a managing agent, if a landlord client wants us to run cash-for-keys alongside a formal Section 8, does agreeing to broker that expose us to any more liability than just serving the notices and letting the court process run, or is refusing to touch it the safer default for the firm?

As at July 2026 there is no specific statute or concluded post‑Act case law that creates additional, Section 8‑specific liability for an agent who brokers a cash‑for‑keys surrender; Section 8 governs notices and court possession based on statutory grounds and does not regulate negotiated surrenders. Liability for an agent therefore depends on general duties in agency and contract law, consumer‑law risks and any professional or contractual obligations to the landlord or tenant — which means using clear written instructions, documenting consent from the tenant, and checking your contract with the landlord are practical safeguards. Many landlords and agents are treating cash‑for‑keys as a commercial shortcut that may invite regulatory or consumer‑law complaints.

Last reviewed July 2026.