Can I Use Section 8 to Evict a Periodic Tenancy?

The legislative shift: the Renters’ Rights Act

The Renters’ Rights Act 2025 introduces a new tenancy structure. A key change for landlords is the removal of Section 21 of the Housing Act 1988. From May 1, 2026, landlords will no longer be able to serve a Section 21 notice to regain possession of their property at the end of a fixed term without providing a reason.

This "no-fault" eviction route will be replaced by a reformed Section 8 process. This means every possession claim will require a landlord to prove a specific, legally recognised ground. Furthermore, the Act mandates that every such claim will be considered at a court hearing, removing the accelerated, paperwork-based procedure previously associated with Section 21. For landlords, this requires meticulous record-keeping and procedural accuracy.

Understanding periodic tenancies post-May 2026

Under the Renters’ Rights Act, the concept of a fixed-term tenancy is made obsolete. On May 1, 2026, all existing Assured Shorthold Tenancies will automatically convert into an assured periodic tenancy. Any new tenancy agreement created from this date forward will also be a periodic tenancy from its inception.

What is a periodic tenancy?

A periodic tenancy is a rolling tenancy agreement with no fixed end date. The tenancy continues indefinitely from one rent period to the next until it is terminated by either party giving the correct notice. The 'period' of the tenancy is determined by how frequently rent is paid, for example, monthly or weekly. Following the implementation of the Renters’ Rights Act, this rolling nature will become standard for all private residential tenancies in England.

How is a periodic tenancy terminated?

• Tenant's notice: a tenant in a periodic tenancy can end the tenancy by giving two months' notice in writing. The end date of this notice must coincide with the last day of a tenancy period.
• Landlord's notice: a landlord can only end a periodic tenancy by serving a Section 8 notice and citing a valid legal reason from the updated grounds for possession. The notice period a landlord must give varies depending on the ground being used.

The end of Section 21 and legacy notices

The abolition of the Section 21 notice is a key component of the Renters' Rights Act. From May 1, 2026, it will no longer be possible to issue a new Section 21 notice.

However, the legislation includes transitional arrangements for notices served before this date. If a landlord served a valid Section 21 notice before May 1, 2026, that notice remains valid until it expires. To act on it, the landlord must have commenced court proceedings by July 31, 2026. If court proceedings are not started by this deadline, the legacy Section 21 notice becomes void, and the landlord must then use the Section 8 procedure.

Using Section 8 for a periodic tenancy

From May 2026, Section 8 is the sole legal mechanism for a landlord to regain possession of a property. A Section 8 notice can be served at any point during a periodic tenancy, provided a landlord has a valid reason as defined by the statutory grounds for possession.

The success of a possession claim will depend on the landlord's ability to provide sufficient evidence to the court to prove the ground cited in the Section 8 notice. If the evidence is insufficient, or if there are procedural errors in the notice itself, the court may dismiss the case.

Reformed Section 8 grounds for possession

To compensate for the removal of Section 21, the Renters’ Rights Act introduces new grounds and amends existing ones within Section 8 of the Housing Act 1988. These grounds are categorised as either mandatory or discretionary.
Mandatory grounds: if a landlord can prove a mandatory ground at the court hearing, the judge must grant a possession order.
Discretionary grounds: for discretionary grounds, even if the landlord proves the ground, the court will only grant possession if it considers it reasonable to do so.

Below are common grounds landlords will use for a periodic tenancy from May 2026.

Ground	Reason	Type	Notice Period	Key Restrictions
Ground 1	Landlord or close family member moving in	Mandatory	4 months	Cannot be used in the first 12 months of a tenancy.
Ground 1A	Landlord intends to sell the property	Mandatory	4 months	Cannot be used in the first 12 months of a tenancy.
Ground 8	Serious Rent Arrears	Mandatory	4 weeks	The tenant owes at least 3 months' rent at the time the notice is served and at the court hearing.
Ground 10	Any Rent Arrears	Discretionary	4 weeks	Applies if any amount of rent is unpaid at notice and hearing.
Ground 11	Persistent Delay in Paying Rent	Discretionary	4 weeks	For tenants who are consistently late with rent payments, even if not in significant arrears.
Ground 14	Anti-social Behaviour	Discretionary	Immediate	Proceedings can begin as soon as the notice is served. A shorter notice period applies to severe cases.
Ground 4A	Student HMOs	Mandatory	4 months	Applies to purpose-built or HMO student lets. The notice must expire between June 1 and September 30.
Ground 2	Mortgage lender requires possession	Mandatory	2 months	Applies where the property is subject to a mortgage that pre-dates the tenancy and the lender is repossessing.
Ground 12	Breach of tenancy agreement	Discretionary	2 weeks	Applies to breaches of the tenancy agreement other than rent arrears.

 

Landlords must select the correct ground, provide the correct notice period and gather robust evidence to support the claim. For example, for Ground 8 (serious rent arrears), landlords must provide a clear rent schedule showing that the tenant owes the required amount.

The process for serving a Section 8 notice

Serving a Section 8 notice is a formal legal process. Procedural errors can lead to a possession claim being dismissed by the court, resulting in delays and additional costs. A landlord has up to 12 months from the date of serving a Section 8 notice to apply to the court. If this deadline passes, the notice becomes invalid.

Step 1: Completing the notice (Form 3)

To begin the process, a landlord must complete Form 3: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. This form must be filled out precisely, including:

• full names of the tenant(s) and landlord;
• the property address;
• the exact grounds for possession being cited, referencing the relevant text from the Housing Act 1988;
• a clear explanation of why each ground applies;

the correct end date of the notice, which must comply with the minimum notice period for the ground(s) used.

A single Section 8 notice can cite multiple grounds. It is often advisable to include both mandatory and discretionary grounds where applicable, such as citing Ground 8, 10, and 11 for rent arrears.

Step 2: Serving the notice to the tenant

The landlord must serve the completed Section 8 notice on the tenant. It is vital to retain proof that the notice was served correctly and on the specified date. Common methods of service include:

• Personal delivery to the tenant.
• Leaving it at the property address.
• First-class post or recorded delivery.
• Process servers for a formal certificate of service.

The tenancy agreement may specify the required methods for serving notices.

Step 3: Applying to the court

If the tenant does not vacate the property by the date the notice expires, the landlord can start court proceedings to obtain a possession order. This is done by submitting a claim for possession to the county court. The landlord will need to provide the court with a copy of the Section 8 notice, proof of service, the tenancy agreement and evidence supporting the grounds for possession (e.g., rent statements for rent arrears).

Step 4: The court hearing and possession order

Since the Renters’ Rights Act removes the accelerated procedure, every possession claim will require a court hearing. At the hearing, a judge will review the evidence from both the landlord and the tenant.

If the judge is satisfied that the grounds are proven and the notice is valid, they will grant a possession order. This can be:
An outright possession order: requires the tenant to leave the property by a specific date, typically within 14 to 28 days.
A suspended possession order: allows the tenant to remain in the property, provided they adhere to certain conditions, such as repaying rent arrears via a set schedule. If they breach these conditions, the landlord can apply to the court to enforce the order.

Step 5: Enforcement

If your tenant fails to leave by the date specified in an outright possession order, they are considered to be trespassing, as they no longer have a legal right to remain in the property. However, you must not attempt to remove the tenant or their belongings yourself. Taking this action could amount to unlawful eviction, which may result in criminal charges, financial penalties and claims being brought against you.

To regain possession lawfully, you must apply to the court for a Warrant of Possession. This authorises court-appointed bailiffs to attend the property and carry out the eviction. Only certified enforcement agents acting under a valid court order have the legal authority to remove the tenant and secure the property. You should wait for the bailiffs to complete this process before taking any steps to take back control of the property.

Essential landlord compliance from May 2026

The Renters’ Rights Act introduces new obligations for landlords. Failure to comply can result in financial penalties and may prevent a landlord from being able to serve a valid Section 8 notice.
Key compliance requirements include:

• The Private Rented Sector Database: landlords must be registered on this new national database to legally let a property and use the Section 8 possession grounds.
• The Landlord Ombudsman: membership in the new mandatory Ombudsman scheme is required. The Ombudsman will handle disputes and has powers to issue binding remedies.
• The Information Sheet: for all tenancies that existed before May 1, 2026, landlords must provide tenants with a government-produced "Information Sheet" by May 31, 2026. This document explains their new rights.
• Written Statement of Terms: for any new tenancy starting on or after May 1, 2026, landlords must provide a compliant written statement of the tenancy terms.

Failure to meet these obligations could result in civil penalties of up to £7,000 from the local authority or render any Section 8 notice invalid.

How AST Assistance can help

The transition to a single system of periodic tenancies and the removal of Section 21 changes how you recover possession of your property. You will now need to rely on defined legal grounds and follow a stricter process when seeking to evict tenants. This places greater emphasis on issuing the correct legal notice, applying the appropriate notice periods and maintaining full compliance with statutory requirements. Errors at any stage can result in dismissed claims, extended timelines and continued loss of rental income, particularly where private renters remain in occupation during proceedings.

AST Assistance works exclusively with landlords and provides clear, practical support across all stages of tenancy management and enforcement. We focus on helping you act correctly from the outset, reducing delays and avoiding procedural issues that can affect your ability to regain possession.

Our services include:

• Serving compliant legal notice documentation: preparing and issuing Section 8 notices that meet current legal requirements and reflect the correct grounds for possession.
• Supporting you to evict tenants lawfully: guiding you through each stage of the possession process, from notice through to court proceedings and enforcement.
• Managing possession claims: assisting with court applications, documentation and evidence to strengthen your position and reduce the risk of delays.
• Advising on tenancy compliance: helping you meet your obligations when dealing with private renters, including documentation, safety requirements and regulatory changes.
• Resolving disputes: providing mediation and practical support where issues arise, helping you address problems before they escalate into formal proceedings.

Whether you are dealing with rent arrears, tenancy breaches or the changes introduced under the Renters’ Rights Act, AST Assistance provides the guidance you need to proceed with clarity and control.

For professional advice on serving a Section 8 notice, issuing a legal notice or managing possession under the updated framework, contact AST Assistance on 01706 619954 or fill out an online contact form.