New Section 8 Grounds for Eviction Under the Renters’ Rights Act 2025

Landlord advice  •  Renters’ Rights Act  •  Section 8 possession  •  Medway, Rochester, Chatham, Gillingham, Rainham, Kent

From 1 May 2026, Section 21 is gone. Landlords in England can no longer end a tenancy without a legally recognised reason — and that reason must fall within the updated Section 8 grounds under the Housing Act 1988, as reformed by the Renters’ Rights Act 2025 (Royal Assent: 27 October 2025).

For landlords in Medway, Rochester, Chatham, Gillingham and Rainham, the practical question is simple: “How do I get my property back if I need to?” This guide answers that.

Why Section 8 Is Now the Only Route to Possession

Three things change on 1 May 2026:

• Section 21 ‘no-fault’ evictions are abolished permanently
• All tenancies become rolling periodic tenancies — no more fixed terms
• Every eviction requires a valid Section 8 ground, correct notice, and supporting evidence

The Key New and Updated Section 8 Grounds

Ground 1A — Landlord Intends to Sell (New Mandatory Ground)

This is the replacement route for landlords who want to exit the market. To use it:

• Notice required: 4 months (not 2 — a common misconception)
• Restriction: Cannot be used in the first 12 months of the tenancy
• Post-eviction: You cannot re-let or market the property for 12 months after serving notice
• Evidence needed: Genuine intention to sell — market appraisals, solicitor instructions

Misusing this ground to remove a tenant with no real intention to sell can result in a Rent Repayment Order covering up to two years’ rent.

Ground 1 — Landlord or Close Family Member Moving In (Revised Mandatory Ground)

• Notice required: 4 months
• Eligible family: Spouse, civil partner, parent, grandparent, sibling, child, grandchild
• Restriction: Cannot be used in the first 12 months of the tenancy

Important for converted tenancies: For existing ASTs converting on 1 May 2026, the 12-month protection runs from the conversion date — meaning the earliest possession under this ground is 1 May 2027, regardless of how long the tenancy has already been running.

Ground 8 — Mandatory Rent Arrears (Strengthened)

• Threshold: 3 months’ arrears (raised from the previous 2 months)
• Notice: 4 weeks
• Key condition: Arrears must exist both at the time of notice AND at the court hearing
• UC note: Rent unpaid solely due to a pending Universal Credit housing payment is excluded from the calculation

Practically, this means acting at the two-month point — not waiting until three months. By the time you reach the threshold, your paperwork and rent account records need to be ready to serve immediately.

Grounds 10/11 — Persistent Rent Arrears (Strengthened)

Aimed squarely at tenants who repeatedly fall behind but clear arrears just before a court hearing to defeat a Ground 8 claim.

• Trigger: Tenant has been at least 2 months in arrears on at least 3 separate occasions within the last 3 years
• Notice: 4 weeks
• Type: Discretionary — courts will consider whether eviction is reasonable

Evidence is everything here. Keep dated records of every arrears episode, every communication, and every payment plan agreed or broken.

Ground 14 — Anti-Social Behaviour

The definition of ASB has been widened to behaviour “capable of causing nuisance or annoyance.” Possession proceedings can begin immediately on serving notice for most ASB cases. For serious cases under Ground 7A (criminal convictions or banning orders), the ground is mandatory and proceedings can be issued the same day.

Document everything as it happens: dates, incidents, neighbour complaints, police references.

Anti-Abuse Safeguards: What You Must Know

The Act builds real teeth into the sell and move-in grounds. Evict on one of these grounds and then re-let, and you face:

• Rent Repayment Order — up to two years’ rent
• Civil penalty up to £40,000
• 12-month ban on re-letting or marketing the property

Quick Reference: Notice Periods at a Glance

What Medway Landlords Should Do Right Now

Frequently Asked Questions:

Can I still use Section 21 in Medway after May 2026?

No. The last date to serve a valid Section 21 notice is 30 April 2026. Court proceedings must follow by 31 July 2026.

How much notice do I need to give to sell my rental property?

4 months under Ground 1A. You cannot use this ground in the first 12 months of the tenancy, and you cannot re-let for 12 months after serving notice.

My tenant keeps falling into arrears then paying just enough to avoid eviction — what can I do?

Use Grounds 10/11 — the persistent arrears grounds. If your tenant has been at least 2 months in arrears on at least 3 occasions in the last 3 years, you have a route to possession. Document every episode.

Does this apply to my existing tenancies in Medway?

Yes. All existing ASTs automatically convert to periodic assured tenancies on 1 May 2026. You must provide tenants with the government information sheet by 31 May 2026.

The Bottom Line

The Renters’ Rights Act is law. Section 21 ends on 30 April 2026. Section 8 is now the only route to possession — and it requires the right ground, the right notice period, and the right evidence.

Landlords in Medway, Rochester, Chatham, Gillingham and Rainham who invest time in understanding these changes now will be far better placed than those who wait until the first problem arrives.

Please get in touch for a deep dive on how you can implement the essentials before 1st May.
Jatinder on 07976 329426 / 01634 564422