How to Evict Tenants From 1 May 2026: What Replaced No-Fault Evictions
Since May 1st, 2026, Section 21 has been gone, and how to evict tenants has changed for good. Landlords no longer serve an eviction notice without giving a valid reason. Every eviction now requires Section 8 possession grounds under the Renters Rights Act 2025 (RRA 2025).
Are you a landlord wanting to sell property with a tenant in it? You can use a Ground 1A, giving a 4-month notice. If sales fall through, you can face a 12-month relet ban, or breach of the ban can lead to a fine of £40,000 if the ground is misused (Gov.uk- Grounds for Possession-Guidance). Here is the eviction process explained under Section 8:
How to Evict a Tenant Under the Renters’ Right Act 2025 England?
The first phase of the Renters’ Rights Act 2025 has been live since 1st May 2026. The Section 21 no-fault eviction notice has been abolished. Tenants are now more protected, and landlords will use legitimate reasons under Section 8 of the Housing Act 1988 to make tenants leave their property.
| What happens if landlords still serve a Section 21 Notice? Landlords cannot use a Section 21 notice on tenants after 1st May 2026. If the landlord still serves this notice, the council may impose a £7,000 fine for a single breach or up to £40,000 fine for repeated offences. (Giving notice of possession to tenants before 1 May 2026 – GOV.UK) |
What Replaces Section 21: Section 8 Explained?
In England, Section 8 of the Housing Act 1988 provides a legal route for landlords to evict tenants or regain possession of the property. After the abolition of Section 21, Section 8 is the only route to vacate your residential property legally under the new tenancy laws.
Regional Differences
The Renters Rights Act and new eviction rules apply to England only. Scotland and Wales have their own system to follow eviction procedures.
- Scotland: Landlords don’t use Section 21 notices here; instead, they use one of 18 statutory grounds, with 28 or 84 days’ notice depending on the ground. Additionally, disputes are referred to the First Tier Tribunal, rather than the county court. (Giving a tenant notice to end a tenancy – mygov.scot)
- Wales: Landlords typically use Section 173 “no-fault” notice under separate Welsh legislation. The Government of Wales requires 6 months’ notice, not 4 months as in England.
What Happens to Section 21 Notice Issued Before 1st May 2026?
If the Section 21 notice of eviction has been served before 1st May 2026, the landlord must apply to court for a possession order by 31st July 2026. If the landlord has claimed a possession order in the court before 1st May 2026, the notice is valid, and proceedings will continue as per the law (Schedule 6 of the Act).
The 31st July 2026 is the deadline for all the pending sections served before May 2026 started. If the landlord fails to apply for possession before the deadline, the tenancy will be automatically shifted to an assured periodic tenancy, and notice will be invalid. They will then use a new Section 8 eviction notice and use legal grounds to evict the tenant.
Key Dates For Landlords in England After the Renters’ Rights Act
| Date | Status | Event |
| 1 May 2026 | Applied | Section 21 abolished; must use Section 8 |
| 1 May 2026 | Applied | Existing ASTs converted to periodic tenancies |
| 31 July 2026 | Ahead | Final deadline to file court proceedings on pre-1 May Section 21 eviction notices |
Section 8 Possession Grounds List for Landlords
All private landlords in England are required to issue a correct Section notice for each ground. The grounds may be mandatory or discretionary:
Mandatory Grounds
If you prove a mandatory ground, the court will give a possession order for evicting tenants without any judicial discretion to refuse possession. The notice period for each ground differs as follows:
| Ground | Ground Name | Notice Period |
| 1 | Landlord or family occupation | 4 months |
| 1A | Sale of a dwelling house | 4 months |
| 1B | Rent-to-buy sale | 4 months |
| 2 | Mortgagee possession | 4 months |
| 2ZA | Superior lease ends | 2 months |
| 2ZB | Fixed-term superior lease ends | 2 months |
| 2ZC | Superior landlord possession | 2 months |
| 2ZD | Fixed-term superior landlord possession | 2 months |
| 4 | Student accommodation | 2 weeks |
| 4A | New student occupation | 4 months |
| 5 | Ministers of religion | 2 months |
| 5A | Agricultural worker occupation | 2 months |
| 5B | Employment-related occupation | 2 months |
| 5C | End of employment by the landlord | 2 months |
| 5D | Employment requirements no longer met | 2 months |
| 5E | Supported accommodation occupation | 2 months |
| 5F | Supported accommodation recovery | 2 months |
| 5G | Homelessness duty accommodation | 4 weeks |
| 5H | Stepping stone accommodation | 2 months |
| 6 | Redevelopment | 4 months |
| 6A | Decant accommodation | 4 months |
| 6B | Enforcement action compliance | 4 months |
| 7 | Death of tenant | 2 months |
| 7A | Severe antisocial or criminal behaviour | Immediate |
| 7B | No right to rent | 2 weeks |
| 8 | Serious rent arrears | 4 weeks |
Discretionary Grounds
If you serve notice on discretionary grounds, the court will decide whether to evict your tenant or not, considering whether the eviction is reasonable or not. The discretionary grounds with their notice periods are summarised below:
| Ground | Ground Name | Notice Period |
| 9 | Suitable alternative accommodation | 2 months |
| 10 | Rent arrears | 4 weeks |
| 11 | Persistent rent arrears | 4 weeks |
| 12 | Breach of tenancy agreement | 2 weeks |
| 13 | Deterioration of property | 2 weeks |
| 14 | Antisocial behaviour | Immediate |
| 14A | Domestic abuse | 2 weeks |
| 14ZA | Rioting | 2 weeks |
| 15 | Deterioration of furniture | 2 weeks |
| 17 | False statement | 2 weeks |
| 18 | Supported accommodation: refusal to engage with support services | 4 weeks |
Source: Grounds for possession: GOV.UK
Note: For Grounds 7A and 14, landlords can begin court proceedings immediately after serving notice to start the process of Section 8 eviction. However, the court will make a possession order for 14 days from the notice date,
Section 8 Grounds Changes Introduced by the Renters’ Rights Act
Before issuing a Section 8 eviction notice:
- The tenant’s deposit is protected in a government-approved scheme, and the prescribed information was given to them.
- The tenant has a valid Gas Safety Certificate (where applicable), EPC, and either the ‘How to Rent’ guide or the Renters’ Rights Act Information Sheet, depending on when the tenancy started.
From all Section 8 grounds, some grounds are added which didn’t exist under the old law, and a few of them have changed. They are:
- Ground 1A (Selling Property): The notice period is 4 months and cannot be used within the first 12 months of tenancy. And the landlord can’t relet for 12 months when sales fail.
Thinking of selling your tenanted property? Talk to us and use our selling service.
- Ground 4A allows the landlord to regain possession of the property for student housing following the new academic year.
- Ground 5C used to be a discretionary ground; now it’s mandatory,
- Grounds 5E, 5F, 5G,18 are supported housing grounds, which are a specialist case and apply if you have or want a dedicated house piece.
Existing Grounds That Changed
Some grounds are the same but come with different rules:
- Ground 1 (Landlord/family moving in): The notice period has doubled from 2 months to 4 months, the list of family members has expanded, and it can’t be used within the first 12 months of tenancy. Also, 12 months’ re-let ban also applies.
- Ground 6 (Redevelopment): The notice period has been extended to 4 months.
- Ground 8 (Rent Arrears): It is a big change, and the threshold rose from two months’ arrears to 13 weeks or three months’ arrears. The notice period doubled from 2 to 4 weeks.
To avoid rent arrears and void periods, landlords can choose our Guaranteed Service to secure their rental income.
- Ground 10 (Some Rent Owed): Mostly unchanged, but the notice period has extended.
- Ground 14 (Antisocial Behaviour): The threshold for this ground has been lowered, and courts are advised to take these cases seriously and decide immediately.
How to Evict Tenants Legally Now: Step By Step?
Landlords in the Private Renting Sector(PRS) will follow the steps below to evict a tenant legally after May 2026.
| Disclaimer: This is not legal advice; it is informational guidance only. Consult your solicitor or lawyer when you want to evict tenants. |
Step 1: Check Which Ground Applies
Landlords must identify the grounds on which they want the tenant to leave the property. The Section 8 notice must state the ground and contain legal details for each ground.
Step 2: Serve a Section 8 Notice (Form 3A)
Landlords must use Form 3A to serve a Section 8 eviction notice. The form is available on GOV.UK. You can serve it by hand to the tenants, or deliver it to them, or post it to the property address through the letterbox if the tenant is not present.
| How to fill Form 3A to make a valid Section 8 notice? The S8 notice will be invalid if it does not contain:Basic Detail: Correct name of tenants and address of the property. Date: The landlord must mention the earliest date when the landlord can apply to the court for repossession. It will be the day after the notice for the grounds has ended. For Grounds 7A and 14, there is no notice period; they can go to court right after serving the notice. Legal Wording: Landlord can tick the relevant ground boxes. For the notice to be valid, landlords must use legal wording to describe each ground with specific reasons. You can get legal wording for each ground from: Assured tenancy forms Guidance – GOV.UK Explanation to use Grounds: Landlord must explain in the box 4.3 why they are using specific grounds and can attach an extra sheet if there is not enough space on the form. Note: Keep a copy of this form for the record. |
Step 3: Wait Out the Notice Period
Keep the record of when and how the notice was served. Wait until the notice period expires, then the landlords can apply for a possession order from the court.
Step 4: Apply to Court for Possession
When the notice expires, the landlord must not try to change the locks and tell tenants to leave. They will apply to the county court for an order for possession. The landlord must attend the hearing, and the judge will decide on the grounds if proved. The judge will grant possession or dismiss the possession claim.
Step 5: Enforce the Possession Order
If the tenant doesn’t leave by the notice date in the possession court, the landlord can take legal enforcement action on the possession claim.
| What is Breathing Space for Tenants? Landlords cannot serve an eviction notice solely based on the rent arrears. The Breathing Space Scheme is a government scheme that allows tenants to recover from debt, protecting them from eviction and creditor action. A typical breathing space lasts for up to 60 days. |
Section 21 vs Section 8: At a Glance
The RRA 2025 has abolished Section 21 and provides a sole route of Section 8 to evict tenants. Here is the quick comparison of how these two laws differ:
| Factor | Section 21 (Abolished) | Section 8 (Current Law) |
| Status | Abolished from 1st May 2026 | Only legal Eviction Route now in England |
| Reason Required for Eviction | No (no-fault notice) | Yes, needs a valid ground |
| Notice Form | Form 6A | Form 3A |
| Minimum Notice Period | 2 Months | Varies by Ground (immediate to 4 months) |
| Court Hearing Required | Not each time | Yes, a court possession order is required in most cases |
| Tenant Can Challenge | Limited Reasons to Challenge | Can defend their stay and the illegal eviction process |
| Mandatory Outcome | Yes, the Court would grant possession | Only on mandatory grounds when proved |
| Used for | Ending tenancy without reason | Specific Breaches or, according to the landlord, circumstances |
| Fines for Misuse | N/A | Up to £40,000 for misusing grounds |
What Tenants Need To Know: Illegal Eviction?
If a landlord forces or harasses you to leave the property after the notice period expires, or change locks, tenants may have the right to:
- Defend themselves or claim the eviction notice if they feel the grounds are invalid or not appropriate according to their existing circumstances.
- Claim compensation for the wrong notice
- Apply for a rent repayment order
Only court bailiffs can evict you physically if the notice period has expired and tenants haven’t acted upon the possession order from the county court.
Illegal eviction is a criminal offence, and misusing a ground to evict tenants. Landlords are guilty of illegal eviction if:
- Are not given the proper notice of eviction and wait for the notice period to end.
- Change the locks of house
- Evict you without a court order
- Stops you from entering the property.
Tenants can contact their local councils if they feel harassed or threatened with illegal eviction. Tenants can also choose a court path if they are illegally evicted. For a misuse of the ground, landlords may face a £40,000 fine. Records can be kept as evidence against landlords to prove your stance before the court or local councils.
