Getting your property back after section 21

Since 1 May 2026, "no-fault" section 21 notices are gone in England. To end a tenancy you now serve a section 8 notice on Form 3A, giving a specific ground and at least the minimum notice for that ground.

The main grounds

Ground	When it applies	Minimum notice
1: moving in	You or a close family member want to live there	4 months
1A: selling	You intend to sell the property	4 months
8: serious rent arrears	At least 3 months' rent owed when the notice is served and at the hearing	4 weeks
Other grounds	Breach of tenancy terms, damage, antisocial behaviour	Varies, usually 2 months or less

Selling or moving in: the 12-month rules

You can't start possession proceedings on ground 1 or 1A during the first 12 months of the tenancy.
After serving a ground 1 or 1A notice there's a restricted period, which ends 12 months after the notice expires. During it you must not re-let the property, or advertise it (or let anyone else advertise it) to let.
The penalties are serious: up to £7,000 if you use a ground you don't reasonably believe applies and the tenant leaves without a court order, and up to £40,000 for re-letting or marketing during the restricted period, among other offences.

Rent arrears (ground 8)

The tenant must owe at least 3 months' rent both on the day you serve the notice and on the day of the hearing. If they pay it down below that before the hearing, this mandatory ground can fail. Keep a dated rent ledger. The workbook logs every rent payment.

Before you serve anything

Use the current Form 3A from GOV.UK, and serve it the way your tenancy agreement allows.
Check your compliance first: a protected deposit, current gas, EICR and EPC certificates (check expiry dates), and, once your region's deadline has passed, PRS database registration.
Possession still needs a court order if the tenant doesn't leave. Take legal advice for contested cases.

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Sources: GOV.UK Assured periodic tenancies: ending a tenancy; Shelter England, possession when a landlord wants to sell or move in.

General information, not legal or tax advice. Checked against GOV.UK on 30 September 2026. Rules change — always confirm on GOV.UK.