Updated October 2026 · Fraser Bond
Landlords · Arrears
Rent arrears and possession
Section 21abolished
Ground 83 months' arrears
Notice4 weeks
Neverchange locks
In short: Since 1 May 2026, landlords in England can no longer use Section 21. To regain possession you need a Section 8 notice based on a ground. For rent arrears, the mandatory Ground 8 applies if at least three months' rent is owed both when notice is served and at the hearing, with four weeks' notice. Discretionary grounds cover lower or persistent arrears. If the tenant doesn't leave, you must apply to court and use bailiffs; changing locks or removing belongings is illegal eviction. Talk to the tenant early, as a payment plan often works better than court.
The lawful route
1
Talk earlyContact the tenant and ask about support such as Universal Credit or Discretionary Housing Payments.
2
Keep recordsA rent statement showing dates and amounts.
3
Serve Section 8 noticeUsing the prescribed form and correct grounds.
4
Apply to courtIf the tenant hasn't left when notice expires.
5
BailiffsOnly after a possession order and warrant.
Arrears check
Months of arrears–
Shortfall to reach 3 months–
Ground 8 requires at least 3 months' arrears at notice and at the hearing. Take legal advice.
Never
Frequently asked questions
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Can I still use Section 21?
No, not in England since 1 May 2026.
How much notice for rent arrears?
Four weeks under Ground 8.
Does Fraser Bond help?
Yes; our full management includes rent collection and arrears handling.
Want rent collected for you?
Our full management includes referencing, rent collection and arrears handling.
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