“I’ll Just Serve Notice”: Why Possession Advice Is No Longer One-Size-Fits-All

Landlord Facebook groups can be useful places to share experiences, ask questions and hear how other landlords have handled a situation.

But there is an important difference between hearing someone else’s experience and receiving advice that is safe to act upon.

Since Section 21 was abolished on 1 May 2026, landlords in England can no longer regain possession without giving a legally recognised reason. A Section 8 notice must now be used, supported by the correct ground for possession.

That makes the individual circumstances more important than ever.

Section 8 is not the same as Ground 8

This is one of the first misunderstandings we’re seeing.

Section 8 is the legal process through which a landlord seeks possession. Ground 8 is one of the grounds that may be used within that process.

Ground 8 applies specifically to serious rent arrears. For a tenant paying monthly, at least three months’ rent must be outstanding when the notice is served and still outstanding when the case reaches court.

If the arrears fall below that threshold, Ground 8 may no longer be established. Other grounds could potentially apply, but they have their own requirements and may be discretionary rather than mandatory.

Ground 8 is therefore not the general replacement for Section 21.

“I’m selling, so I can get the property back”

Ground 1A allows a landlord to seek possession because they genuinely intend to sell.

However, it isn’t simply a case of giving the tenant four months’ notice.

A Ground 1A notice can be served during the first 12 months of a new tenancy, but it cannot expire until that 12-month protected period has ended. Using the ground also brings restrictions on subsequently remarketing or reletting the property.

If the sale falls through or the landlord changes their mind, those restrictions do not necessarily disappear.

This is why a landlord should be certain about their plans and understand the consequences before serving notice.

“I need the property for a family member”

Ground 1 can be used where the landlord or a qualifying close family member intends to occupy the property as their main home.

Again, there is a four-month notice period and the notice cannot expire during the first 12 months of a new tenancy.

There is also an important distinction for properties owned through limited companies. A company is legally separate from its shareholders and does not have family members. A landlord should not assume that Ground 1 will be available simply because they personally own the company that owns the property.

That small piece of information could completely change the advice.

“The notice has expired, so the tenancy has ended”

Serving a Section 8 notice does not automatically end the tenancy.

If the tenant does not leave voluntarily, the landlord will normally need to apply to the court and prove that the stated possession ground applies. Until the tenancy legally ends, the landlord’s responsibilities continue. Rent remains due and repairs must still be dealt with.

An incorrectly completed notice, the wrong notice period or insufficient evidence could delay the claim or cause it to be dismissed.

Why a Facebook answer may not be the right answer for you

The landlord replying to a Facebook post may be entirely well-intentioned. Their advice might even have worked in their own case.

But do they know:

• When your tenancy began?

• Whether the property is owned personally or through a company?

• The type and history of the tenancy?

• Exactly why you need possession?

• How much rent is outstanding and when it became due?

• Whether the ground is mandatory or discretionary?

• What evidence you have?

• Whether the deposit and other tenancy requirements have been handled correctly?

Change one fact and the answer may change with it.

They may also be describing a possession process started before 1 May 2026, when different transitional rules applied.

Get the facts checked before serving anything

Before sending a notice, letter, email or WhatsApp message asking a tenant to leave, landlords should:

1. Establish the genuine reason possession is required.

2. Identify the correct legal ground or grounds.

3. Check the required notice period and current prescribed form.

4. Gather the evidence needed to support the ground.

5. Consider any restrictions or longer-term consequences.

6. Seek specialist legal advice where the circumstances are complex or disputed.

An experienced letting agent can help identify the issues, explain the practical process and recognise when a specialist property solicitor needs to become involved.

At Personal Economy Lettings, we believe landlords should understand their position before taking action. Early advice can prevent an avoidable mistake from becoming a lengthy and expensive problem.

If you’re concerned about a tenancy or considering regaining possession, speak to us before serving anything. We’ll help you understand the questions that need answering and the right next step for your circumstances.

This article provides general information and should not be treated as legal advice. Specialist advice may be required for individual possession cases.

Further reading:

• Section 8: Grounds 1 and 1A – Goodlord

• Grounds for possession – GOV.UK

• Repossessing a privately rented property after 1 May 2026 – GOV.UK