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Renters' Rights Act

How to evict a tenant in 2026, now Section 21 has gone

"No-fault" evictions are over. Regaining possession now means using a Section 8 notice on the right ground — and the arrears rules and notice periods have changed. Here's how it works.

Written for UK landlords (England) · Last updated August 2026 · 7 min read
The quick answer: Since Section 21 was abolished, you regain possession with a Section 8 notice citing a legal ground. For serious arrears (Ground 8) you need three months' unpaid rent and give four weeks' notice. To sell (Ground 1A) or move in (Ground 1) you give four months' notice, can't use it in the first 12 months, and can't re-let for 12 months after. If the tenant doesn't leave, you apply to court.

What changed: no more Section 21

The Renters' Rights Act ended Section 21 "no-fault" evictions in England in 2026. You can no longer end a tenancy just because you want to — you need a valid legal reason, set out as a "ground" in a Section 8 notice. Tenancies are now periodic (rolling), and the possession grounds and notice periods were rewritten at the same time. So the old playbook no longer applies.

The main grounds landlords use

There are many grounds; these are the ones that come up most:

Ground 8 — serious rent arrears (mandatory). At least three months' unpaid rent (13 weeks if rent is weekly), both when you serve notice and at the hearing. Four weeks' notice.
Grounds 10 & 11 — some arrears / persistent late payment (discretionary). Four weeks' notice. The court decides whether it's reasonable to grant possession.
Ground 1A — you're selling the property. Four months' notice. Can't be used in the first 12 months of the tenancy.
Ground 1 — you or a close family member will move in. Four months' notice. Same 12-month restriction.

For arrears, note that any delay caused by outstanding Universal Credit housing payments is generally excluded from the three-month calculation — so check the true figure carefully before serving.

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The process, step by step

  1. Choose the correct ground and check you genuinely meet it (e.g. three months' arrears at the date of service).
  2. Serve a Section 8 notice on the government's current prescribed form, giving the right notice period for that ground.
  3. Wait out the notice period — four weeks for arrears, four months for sale/move-in.
  4. If the tenant hasn't left, apply to the court for a possession order.
  5. If they still don't leave after an order, only a court-appointed bailiff can carry out the eviction — never do it yourself.

What you must never do

No DIY evictions. Changing the locks, removing belongings, cutting off utilities or harassing a tenant to leave is a criminal offence (illegal eviction). Possession must go through the proper notice-and-court process. The restrictions on the sale and move-in grounds also bite: use Ground 1 or 1A and you generally can't re-let or re-market the property for 12 months.

Frequently asked questions

How long does a Section 8 eviction take?
It varies. After the notice period you may need a court hearing, and court timescales differ by area. Arrears cases can be quicker than discretionary grounds, but plan for it to take months, not weeks — which is why staying on top of arrears early matters.
Can the tenant fight it?
For mandatory grounds like Ground 8, if the ground is properly made out the court must grant possession. For discretionary grounds, the tenant can argue it isn't reasonable. Either way, your paperwork and evidence need to be right.
Do I still need to have protected the deposit and done my certificates?
Yes. Compliance failures — an unprotected deposit, a missing gas or electrical certificate — can undermine a possession claim. Get the basics right long before you ever need to rely on them.
Which form do I use?
A Section 8 notice must be served on the government's current prescribed form (the forms were updated under the Renters' Rights Act). Always download the latest version from GOV.UK before serving.

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