Offence: knowingly or recklessly using a possession ground that cannot succeed

A landlord or agent serves a section 8 notice, purported notice or claim relying on a Schedule 2 ground.

Only rely on a ground where you genuinely and reasonably believe the court could order possession on it, and keep evidence supporting that belief.

Deadline

Ongoing

• Evidence supporting each ground at the time the notice was served

Civil penalty

Up to £40,000

Criminal offence

Yes, you can be prosecuted

Rent repayment

A rent repayment order can be made

Other consequences

Offence under HA 1988 s.16J(1) (unlimited fine on summary conviction) or council civil penalty of up to £40,000 instead (s.16K). Rent repayment order of up to 2 years' rent (HPA 2016 s.40 row 2A).

• Renters' Rights Act 2025, s.15 (inserts HA 1988 ss.16J-16K: offences and penalties)legislation.gov.uk
• Renters' Rights Act 2025, s.98 (rent repayment orders for HA 1988 s.16J offences)legislation.gov.uk

Official guidance

GOV.UK explains 'reckless' as taking an unjustified risk and 'knowingly' as being sure or virtually certain no order would be made; courts decide case by case.

• Section 21 is abolished: never serve a section 21, notice to quit or informal eviction noticeIn force since 1 May 2026Fine up to £7,000

  Section 21 'no fault' evictions ended for private tenancies on 1 May 2026. The only route is a section 8 notice on Form 3A with a valid ground. Serving anything else that purports to end the tenancy is a breach.

• Seek possession only by a section 8 notice on Form 3A with the correct notice periodIn force since 1 May 2026Fine up to £7,000

  To end a tenancy you need a statutory ground, a section 8 notice on the current Form 3A giving at least the minimum notice for each ground, and then a court order. Court proceedings must start within 12 months of serving the notice.

• Give prior written notice before the tenancy for grounds that require itIn force since 1 May 2026Fine up to £7,000

  Some possession grounds can only be used if you told the tenant in writing before the tenancy began that you might rely on them.

• Grounds 1 and 1A (move in or sell): not in the first 12 months, 4 months' noticeIn force since 1 May 2026

  You can recover possession to live in the property (or house close family) or to sell it, but the date in the notice must be at least a year after the tenancy began and you must give 4 months' notice.

• Do not re-let or re-market for 12 months after using Ground 1 or 1AIn force since 1 May 2026Fine up to £40,000

  After serving notice (or claiming) on Ground 1 or 1A, you cannot let the property, license it for money, or advertise it to let until 12 months after the earliest court date in the notice.

• Ground 8 mandatory rent arrears: 3 months or 13 weeks at notice and at hearingIn force since 1 May 2026

  The mandatory rent arrears ground needs at least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) owing both when the notice is served and at the hearing, with 4 weeks' notice.

• Anti-social behaviour: Grounds 7A and 14 allow immediate court proceedingsIn force since 1 May 2026

  For serious anti-social or criminal behaviour you can use mandatory Ground 7A or discretionary Ground 14 and apply to court as soon as the notice is served.

• Ground 4A: student HMOs need prior written notice and 4 months' notice ending 1 June to 30 SeptemberIn force since 1 May 2026

  If you let an HMO to full-time students and want it back for the next academic year, you must have told them in writing before signing and give 4 months' notice dated between 1 June and 30 September.

• Never evict without a court order or harass a tenantIn forceFine up to £40,000

  Evicting a tenant without a court order and enforcement, or harassing them to leave or stop exercising their rights, is a criminal offence. Councils can now fine up to £40,000.