If you're a landlord in Nottingham wondering how you're supposed to get your property back now Section 21 has gone, you're definitely not the only one asking. I've spoken to landlords who have come away from all the Renters' Rights Act coverage with the impression that it's now almost impossible to evict a tenant.
Since 1 May 2026, Section 21 can no longer be used by private landlords in England. Instead, landlords generally need to have a valid reason for wanting possession and use the Section 8 process. What's changed is that you now need to be able to say why you need it back.
For Nottingham landlords trying to understand what that actually means in practice, I've broken down some of the most common situations below.
What replaced Section 21?
The biggest change is that landlords can no longer use Section 21 to regain possession without relying on a specific reason. Instead, you'll normally need to serve a Section 8 notice using one or more of the legal "grounds for possession".
These cover lots of different circumstances, but some of the ones most likely to affect everyday landlords include:
- You want to sell the property
- You or a close family member want to move into it
- The tenant has significant rent arrears
- The tenant repeatedly pays their rent late
- The tenant has breached the tenancy agreement
- There has been antisocial behaviour
- The condition of the property has deteriorated because of the tenant
Not all of these grounds work in the same way.
Some are mandatory, which means the court must award possession if the ground is proved and all the requirements have been met. Others are discretionary, which means the court also decides whether it is reasonable to award possession.
That's why simply serving a Section 8 isn't enough. You need to know which ground you're actually relying on.
What if I want to sell my rental property?
Yes, you can still get your property back if you genuinely intend to sell it.
There's now a specific mandatory possession ground for this, known as Ground 1A. Generally, you can't require the tenant to leave using this ground during the first 12 months of a new tenancy. The notice period is then four months. A notice can be served during that first year, but it can't expire until the 12-month protected period has ended.
So if you're a Nottingham landlord thinking about selling a tenanted property, don't wait until you've found a buyer and then start thinking about vacant possession. You need to factor the possession process into your plans much earlier.
What if I want to move back into the property?
There is also a possession ground where the landlord, or certain members of their family, genuinely intends to live in the property. Again, there are rules around when this ground can be used, including the 12-month protected period for a new tenancy.
The important point is that Section 21 disappearing doesn't mean you've lost the ability to get your property back because you need to live in it. You just have to use the correct possession ground and follow the process that comes with it.
What if my tenant stops paying rent?
There are several possession grounds relating to rent arrears and late payment, including a mandatory ground for serious arrears and discretionary grounds covering other rent problems.
This is where I think landlords need to be really on the ball. Don't let arrears drift.
If the rent doesn't arrive when it should, pick it up immediately. Keep records of what's owed, when payments were due, what has actually been received and every conversation you've had with the tenant about it.
Under the new system, having a clear paper trail is even more important because if possession eventually ends up in court, you'll need evidence to support the ground you're relying on.
Good arrears management shouldn't begin when you're considering eviction. It should begin with the first missed payment.
What about antisocial behaviour?
Landlords can still seek possession because of antisocial behaviour. There are specific grounds covering this, including provisions for particularly serious cases.
These cases can get complicated quite quickly because what you can prove matters. If a tenant, neighbour or managing agent reports antisocial behaviour, don't just leave everything sitting in WhatsApp messages and assume you'll remember what happened six months later. Keep proper records.
Dates, complaints, correspondence, photographs and any other relevant evidence could become important if the situation eventually leads to possession proceedings.
What if the tenant breaches their tenancy agreement?
There's also a discretionary possession ground where a tenant breaches a term of their tenancy agreement but there's an important distinction here.
A breach doesn't automatically mean you'll get possession because the ground is discretionary, the court also considers whether it is reasonable to make a possession order.
Again, this is why documentation matters. If something keeps happening throughout a tenancy, record it properly rather than trying to piece together the history when you've finally had enough.
Does a Section 8 notice mean the tenant has to leave?
Not necessarily. This is something I think is really important for landlords to understand. Serving notice and actually evicting somebody aren't the same thing.
If you serve a valid notice and the tenant leaves at the end of the notice period, that's the end of it. If they don't leave, you don't just turn up the following morning and change the locks.
You'll generally need to apply to the court for a possession order. If the court grants possession and the tenant still doesn't leave, the proper enforcement process then needs to be followed. Trying to physically remove a tenant yourself or simply changing the locks can amount to an illegal eviction.
What form do landlords use now?
For possession notices served under the new system, private landlords will generally use Form 3A. The notice needs to set out the possession ground you're relying on, why you believe it applies and give the tenant the correct amount of notice.
What about a Section 21 notice served before 1 May 2026?
There was a transitional period for notices served before the new rules came into force but we're now beyond it.
For landlords who hadn't already started court proceedings, 31 July 2026 was the final date to begin a possession claim using an eligible old Section 21 or old Section 8 notice.
If proceedings had already started by the relevant deadline, they can continue under the transitional arrangements but if you're sitting on an old Section 21 notice in September 2026 and no court claim was started in time, you can't now use it to begin possession proceedings. You'd need to look at the current Section 8 grounds instead.
The bit I'd be paying attention to as a landlord
Don't wait until you need possession to discover whether your paperwork and records are any good.
If rent is late, record it.
If there's a tenancy breach, document it.
If somebody reports antisocial behaviour, keep the evidence.
If there's damage to the property, make sure your inspections and photographs clearly show what's happened.
And make sure the basic management of the property is being done properly in the first place.
Mistakes with notices, evidence or the requirements surrounding the possession ground you're relying on can cause delays or potentially cause a possession claim to fail.
You don't want to discover those problems at the point you desperately need the property back.
Section 21 used to provide landlords with a route to possession that didn't require them to prove why they wanted the property back but that safety net has gone. So the records you keep during the tenancy, and how well the property is managed from day one, have become much more important.
For landlords in Nottingham and Nottinghamshire
At Amhurst Lettings, we manage single lets, HMOs and residential property portfolios across Nottinghamshire and the surrounding areas.
Our approach is to stay on top of the things that can become much bigger problems later: rent collection, inspections, maintenance, compliance and communication with tenants because if something does eventually go wrong, you don't want to start building your paper trail six months after the problem started.
If you're a Nottinghamshire landlord who's unsure how the new possession rules affect one of your properties, we're always happy to have a conversation.
For an active eviction or possession case, particularly where the tenant disputes what has happened, we'd recommend getting advice from a solicitor or suitably qualified possession specialist before serving notice.
