Key Takeaways
- Since 1 May 2026, no. Section 21 “no-fault” evictions have been abolished under the Renters’ Rights Act, so a landlord now has to give a valid legal reason to evict.
- Landlords must use Section 8 of the Housing Act 1988 and prove a ground, such as selling the property, moving in, serious rent arrears or anti-social behaviour.
- Serving an old-style Section 21 notice now is invalid and can land a landlord with a civil penalty of up to £7,000, rising to £40,000 for repeat or serious breaches.
- This does not mean a tenant can never be evicted. It means every eviction now needs a genuine, evidenced reason and the correct court process.
Few things feel as unsettling as renting a home and wondering whether your landlord could simply tell you to leave. For years that fear was well founded, because a landlord really could end an assured shorthold tenancy without giving any reason at all. If that possibility has been hanging over you, or you are a landlord unsure what you are still allowed to do, the ground has shifted significantly this year.
The short version is that the old “no-fault” eviction has gone. As of 1 May 2026, a landlord in England can no longer evict a tenant just because they feel like it. There now has to be a proper reason, backed by evidence, and the right process has to be followed.
This guide explains what changed, when a landlord can still lawfully evict, and what the new rules mean in practice. If you are a landlord who needs to regain possession, or you want to make sure a notice you have been given is valid, Osbourne Pinner offers a free 30-minute consultation with a property solicitor.
The short answer: not any more
Until recently, a landlord could use a Section 21 notice to end an assured shorthold tenancy without giving a reason, once any fixed term and the early months had passed. That was the so-called no-fault eviction. The Renters’ Rights Act has now abolished it. From 1 May 2026, there is no route for a landlord to remove a tenant simply because they want the property back with no reason given.
What changed on 1 May 2026
The abolition of Section 21 is the headline, but it came as part of a wider set of reforms under the Renters’ Rights Act. Assured shorthold tenancies have moved to a more open-ended, periodic footing, and several other protections landed on the same date. Landlords can no longer raise the rent more than once a year, ask for more than a month’s rent in advance, run bidding wars between prospective tenants, or turn people away just because they receive benefits or have children. In short, the balance has tilted towards greater security for tenants.
How a landlord can still evict you
Eviction has not disappeared, it has changed shape. A landlord who wants their property back now has to use Section 8 of the Housing Act 1988 and rely on a specific legal ground, giving evidence for it. The main grounds include:
- Selling the property. The landlord can seek possession if they genuinely intend to sell, but not in the first 12 months of the tenancy, and with four months’ notice.
- Moving in. The landlord or a close family member wanting to live in the property, again subject to a minimum period and longer notice.
- Serious rent arrears. A mandatory ground where the tenant owes a substantial amount, now set at around three months’ rent, with four weeks’ notice.
- Anti-social behaviour. Where a tenant is causing serious nuisance, which can carry a much shorter notice period.
Some grounds are mandatory, meaning the court must grant possession if the ground is proved. Others are discretionary, meaning the tenant can argue it would not be reasonable to evict them. We explain the mechanics in our guides on the difference between a Section 8 and Section 21 notice and how to evict a tenant now Section 21 has been abolished.
What if a Section 21 notice was served before 1 May 2026?
There is a short transition. If a landlord served a valid Section 21 notice before 1 May 2026, they can still use the Section 21 court process, but any possession proceedings have to be brought no later than 31 July 2026. After that date the Section 21 route closes for good, and the landlord has to fall back on the Section 8 grounds instead. Any Section 21 notice served on or after 1 May 2026 is simply invalid.
What a valid eviction has to look like
Even with a good ground, a landlord cannot take matters into their own hands. Eviction has to go through the proper stages: a valid Section 8 notice giving the correct period, then, if the tenant does not leave, a possession claim at court, and only then, if a possession order is granted and still not complied with, enforcement by court-appointed bailiffs. A landlord who changes the locks, removes belongings or tries to force a tenant out without a court order is committing illegal eviction, which is a criminal offence.
If you are a landlord: getting possession right
The new system is less forgiving of mistakes. Relying on the wrong ground, giving too little notice, or failing in a basic legal duty such as protecting the deposit can see a possession claim thrown out and the whole process start again. Serving an old Section 21 notice now can bring a civil penalty of up to £7,000, rising to £40,000 for repeat or serious breaches, alongside possible rent repayment orders. Getting the ground, the evidence and the notice right the first time is what keeps a possession claim on track. You can see how we help on our Section 8 and Section 21 notice page.
Does this apply to every let?
The end of Section 21 applies to assured tenancies in the private rented sector in England, which covers the vast majority of ordinary lets. It works differently in some situations. If you have a lodger living in your own home under a licence rather than a tenancy, the rules are not the same, and social housing has its own regime. It is also worth remembering that these reforms are for England only. Wales and Scotland have their own separate systems, which already moved away from no-fault evictions some time ago.
More change is still coming
The May 2026 changes were only the first phase. Later in 2026 the Act brings in a Private Landlord Ombudsman, giving tenants a free way to resolve complaints without going to court, and a Private Rented Sector Database that all landlords will have to register on. Further down the line, a Decent Homes Standard and an extension of Awaab’s Law are set to apply to private rentals for the first time. For landlords, staying on the right side of these changes as they roll out is going to matter as much as getting a single eviction right.
Speak to a Property Solicitor About Eviction and Possession
The end of no-fault evictions has made possession more technical, and a single error in the ground or the notice can cost a landlord months. For tenants, it means an eviction is only valid if the correct reason and process have been followed.
At Osbourne Pinner, our landlord and tenant solicitors can advise on the right ground, prepare a valid Section 8 notice and handle possession proceedings, or check whether a notice you have been given is lawful.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
