Key Takeaways
- From 1 May 2026, Section 21 no-fault evictions are abolished. All possession claims must use Section 8 and cite a specific legal ground.
- New mandatory grounds allow landlords to recover possession to sell the property (Ground 1A) or for the landlord or a family member to move in (Ground 1), each with 4 months’ notice.
- Rent arrears grounds now require 3 months of arrears at both the time of notice and the court hearing, up from 2 months.
- Courts will not grant possession under any ground (except anti-social behaviour) unless the landlord has protected the tenant’s deposit.
From 1 May 2026, the rules on eviction change fundamentally for every landlord in England. Section 21, the no-fault eviction route that has defined the private rental sector for over 30 years, is abolished. Going forward, every possession claim must be based on a specific legal ground.
This article explains how eviction works under the new rules, what grounds are available, what notice periods apply and what landlords need to get right to avoid losing their case at court. Our landlord and tenant solicitors at Osbourne Pinner offer a free 30-minute consultation to discuss your specific situation.
Why Section 21 Is Being Abolished
The Renters’ Rights Act 2025 comes into force on 1 May 2026. Its central reform is the abolition of Section 21 of the Housing Act 1988, which allowed landlords to end assured shorthold tenancies without giving any reason. Critics of Section 21 argued that it was used to evict tenants who complained about property conditions or attempted to enforce their rights. Supporters argued it provided necessary flexibility for landlords.
Whatever the merits of those arguments, the law has changed. Section 21 will no longer exist after 30 April 2026. Landlords who want to recover possession of their property will need to use Section 8 and demonstrate that one or more grounds apply.
How Section 8 Possession Works
Section 8 of the Housing Act 1988 has always existed alongside Section 21, but it was less commonly used because it requires the landlord to prove a ground and, in contested cases, attend court to do so. From May 2026, it is the only route available. You can read an overview of both notices on our Section 8 and Section 21 page.
The process is: serve a valid Section 8 notice citing the relevant ground or grounds, wait for the notice period to expire, and if the tenant does not leave, issue a possession claim at court. If the ground is mandatory, the court must grant possession if satisfied the ground is made out. If the ground is discretionary, the court weighs whether it is reasonable to grant possession even if the ground is proven.
The Key Grounds After Abolition
Ground 1A: Landlord Intends to Sell
This is a new mandatory ground introduced by the Renters’ Rights Act. It applies where the landlord genuinely intends to sell the property. The landlord must give at least 4 months’ notice. The ground cannot be used in the first year of the tenancy.
Ground 1: Landlord or Family Member to Move In
This existing mandatory ground has been extended under the new Act. Previously it applied only where the landlord wished to occupy the property. It now includes close family members, including the landlord’s children. Four months’ notice is required and the ground cannot be used in the first year of the tenancy.
Ground 8: Serious Rent Arrears
This remains a mandatory ground but the threshold has increased. Under the new rules, the tenant must be at least 3 months in arrears at both the date of the notice and the date of the court hearing. Previously the threshold was 2 months. If arrears fall below 3 months between notice and hearing, the mandatory ground fails.
Grounds 10 and 11: Lower Levels of Arrears and Persistent Non-payment
These remain available as discretionary grounds for lower levels of arrears or a pattern of late payment. The court considers whether it is reasonable to grant possession even where the technical ground is met, which makes these less predictable than mandatory grounds.
Ground 14: Anti-Social Behaviour
Ground 14 covers anti-social behaviour and nuisance. It is available where the tenant, or someone living in or visiting the property, has caused nuisance or annoyance to neighbours or has been convicted of a relevant offence. This ground can be relied upon even where the deposit has not been protected, unlike most other grounds.
See also: How to Apply to Court to Evict a Tenant
The Deposit Protection Requirement
This is one of the most important practical changes under the new regime. From 1 May 2026, courts will refuse to grant possession under any Section 8 ground, with the exception of Ground 7A (serious anti-social behaviour) and Ground 14, unless the landlord has properly protected the tenant’s deposit and served the prescribed information.
If a landlord has taken a deposit and failed to protect it within 30 days, they cannot proceed with a possession claim. This means checking compliance with deposit protection rules is an essential first step before serving any Section 8 notice.
What Notice Must Be Given?
Notice periods under Section 8 vary by ground. The new mandatory grounds (1 and 1A) require 4 months’ notice, giving tenants more time to find alternative accommodation. Grounds for serious anti-social behaviour can carry much shorter notice periods. Your solicitor can advise on the correct notice period for your specific ground.
What If the Tenant Disputes the Claim?
Unlike Section 21, which was largely procedural, Section 8 claims can be defended on the merits. A tenant may argue that the ground is not made out, that arrears have been paid, that the landlord’s intention to sell is not genuine or that other grounds relied upon are discretionary and that it would not be reasonable to grant possession.
This means landlords need to have their documentation in order from the start. Evidence of arrears, correspondence, the tenancy agreement, deposit protection certificates and notice periods will all need to be produced. Cases that might previously have been dealt with quickly under Section 21 may now involve contested hearings.
Related: Bailiff Evictions: The Process for Landlords
Speak to a Landlord and Tenant Solicitor about Eviction Under the New Rules
The abolition of Section 21 means eviction is now more complex and more contestable than it was before. Getting the ground, the notice and the evidence right matters much more than it did under the old no-fault regime. An error at any stage can set the whole process back by months.
At Osbourne Pinner, our landlord and tenant solicitors are advising landlords on how to handle possession claims under the new regime. We can advise on which grounds apply to your situation, draft and serve the correct notices, and represent you in possession proceedings if the tenant contests the claim.
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.
