How to Evict a Tenant After Section 21 Abolished: Complete 2026 Guide

What changed on 1 May 2026?

Section 21 of the Housing Act 1988 was repealed by the Renters' Rights Act 2025 on 1 May 2026. No new no-fault eviction notices can be served. All existing assured shorthold tenancies became periodic tenancies.

Before 1 May 2026, landlords had two routes to possession:

• Section 21 (no-fault): Give the tenant 2 months notice. No reason required. The court had to grant possession if the notice was valid. This was the route most landlords used.
• Section 8 (fault-based and other grounds): Serve notice citing a specific ground from Schedule 2 of the Housing Act 1988. The court assessed whether the ground was proved.

From 1 May 2026, only Section 8 remains. The key changes landlords need to understand:

The Renters' Rights Act also introduced new grounds (Ground 1A for selling, Ground 6A for regulatory breach, Ground 8A for repeated arrears) and increased protection periods. These are covered in detail below.

What does 'all tenancies are periodic' mean?

From 1 May 2026, no new fixed-term assured shorthold tenancies can be created. All existing fixed terms converted to periodic tenancies. A periodic tenancy runs from period to period (usually month to month) with no fixed end date. The tenant can end it by giving notice. The landlord can only end it by proving a Section 8 ground.

This means you cannot include a break clause, a fixed-term expiry, or a contractual end date as a mechanism for getting the tenant to leave. The tenancy continues indefinitely until the tenant leaves voluntarily or you obtain a court order on a valid ground.

The new eviction process: Section 8 only

Every eviction in England from 1 May 2026 follows the same process: identify the ground, serve a Section 8 notice on the correct form with the correct notice period, wait for the notice to expire, apply to court, attend a hearing, obtain a possession order, and if needed, apply for bailiff enforcement.

There are no shortcuts. There are no alternative routes. Changing the locks, cutting off utilities, removing belongings, or intimidating the tenant into leaving is illegal under the Protection from Eviction Act 1977 and can result in criminal prosecution, an unlimited fine, or imprisonment.

The six stages of a lawful eviction

Stage 1: Identify the correct ground. Check which Section 8 ground applies to your situation. You can cite multiple grounds on a single notice. Choose grounds carefully: a mandatory ground is stronger than a discretionary one, but requires specific conditions to be met at the hearing.

Stage 2: Serve the Section 8 notice (Form 3). Download the current Form 3 from gov.uk. Complete it accurately with the ground number, the full statutory wording, specific particulars explaining why the ground applies, and the correct date on or after which proceedings may begin. Serve by first class post (keep the certificate of posting), personal delivery (get a signed receipt), or email (only if the tenancy agreement expressly permits it).

Stage 3: Wait for the notice period to expire. The notice period runs from the date of service, not the date you write or post the notice. For first class post, service is deemed the day after posting. Do not apply to court before the notice period has fully expired.

Stage 4: Apply to the county court. File a possession claim using Form N5 (standard possession) or Form N5B (accelerated procedure, available for certain mandatory grounds). Pay the court fee. The court will serve the claim on the tenant and list a hearing date.

Stage 5: Attend the hearing. Bring all evidence: the original tenancy agreement, the Section 8 notice with proof of service, rent ledger or arrears statement, photographs, correspondence, and any witness statements. If the ground is mandatory and proved, the court must grant possession. If the ground is discretionary, the court will consider whether it is reasonable.

Stage 6: Enforce the possession order. If the tenant does not leave by the date specified in the possession order, apply for a warrant of possession (bailiff). The bailiff will attend the property and physically remove the tenant. This is the only lawful way to remove a tenant who refuses to leave after a possession order.

Mandatory vs discretionary grounds: what is the difference?

With a mandatory ground, the court must order possession if the ground is proved, regardless of the tenant's circumstances. With a discretionary ground, the court weighs whether it is reasonable to order possession, considering both landlord and tenant circumstances.

This distinction is critical because it determines how much certainty you have. With a mandatory ground, if you can prove the facts, you get possession. With a discretionary ground, you might prove the facts but the court may still refuse possession because, for example, the tenant is vulnerable, has children in local schools, or has partially remedied the breach.

Practical advice: Wherever possible, cite both a mandatory and a discretionary ground on the same notice. For rent arrears, cite Ground 8 (mandatory, 2+ months) and Ground 10 (discretionary, any arrears). If the tenant pays down arrears below 2 months before the hearing, Ground 8 fails but Ground 10 remains as a fallback.

Step-by-step: how to evict a tenant in 2026

The eviction process from notice to enforcement typically follows seven steps. Each step has specific requirements that must be met precisely. Getting any step wrong can invalidate the process and force you to start again.

Step 1: Confirm you have a valid ground

Before doing anything else, confirm which ground applies. Do not serve a notice until you are certain the ground can be proved at court. For rent arrears (Ground 8), check the rent ledger carefully: are arrears genuinely at or above 2 months? For selling (Ground 1A), do you genuinely intend to sell, and has the tenancy been running for at least 12 months?

If you are not sure which ground applies, or whether you can prove it, get legal advice before serving a notice. A badly chosen or unsubstantiated ground wastes months and court fees.

Step 2: Check compliance requirements

Before serving a Section 8 notice, ensure you have met all landlord compliance obligations. Under the Renters' Rights Act, certain compliance failures can be raised as a defence by the tenant. Check:

• Deposit protected in a government-approved scheme and prescribed information served within 30 days
• Valid Energy Performance Certificate (EPC) provided to the tenant
• Current gas safety certificate (if gas appliances present)
• Current electrical safety certificate (EICR, valid for 5 years)
• How to Rent guide provided at the start of the tenancy (or updated version if changed)
• Landlord registered with the local authority (if in a selective licensing area) or HMO licence (if applicable)

If any of these are missing, address them before serving the notice. A tenant's solicitor will check every one of these as a potential defence. For a full compliance checklist, see: Landlord Compliance Checklist.

Step 3: Download and complete Form 3

Download the current Form 3 (Section 8 notice) from gov.uk. Do not use a saved or printed copy from a previous case. The form is updated periodically and an outdated version can invalidate the notice.

Complete the form with:

• Full address of the property
• Full names of all tenants named in the tenancy agreement
• Full name and address of the landlord (or managing agent)
• The ground number(s) and the full statutory wording of each ground from Schedule 2 of the Housing Act 1988 (as amended)
• Particulars: a factual explanation of why each ground applies in this specific case (amounts owed, dates, specific breaches)
• The date on or after which possession proceedings may begin (the day after the notice period expires)
• Date of signing

Step 4: Serve the notice

Serve the notice using a valid method. The three accepted methods are:

• First class post to the property address. Get a free certificate of posting from the Post Office counter. Service is deemed the day after posting.
• Personal delivery by handing the notice to the tenant. Ask for a signed, dated receipt. If refused, note the date, time, and any witness.
• Email only if the tenancy agreement expressly permits service by email and specifies the email address.

Keep the proof of service permanently. Without it, you cannot prove the notice was validly served and court proceedings will be challenged.

Step 5: Wait for the notice period to expire

The notice period depends on the ground cited. Count from the date of service (not the date of posting or writing):

For the full breakdown of each ground's notice period, see: Renters' Rights Act Notice Periods.

Do not apply to court before the notice period has fully expired. A premature application will be struck out and you will lose the court fee.

Step 6: Apply to the county court

Once the notice period has expired and the tenant has not left, file a possession claim at the county court. Use Form N5 for a standard possession claim. Pay the court fee (currently around 355 pounds for a standard claim). The court will serve the claim on the tenant, who has 14 days to respond, and will list a hearing date.

At the hearing, bring all evidence: tenancy agreement, Section 8 notice, proof of service, rent ledger, photographs, correspondence, and witness statements. If you cited a mandatory ground and can prove it, the court must grant possession. If you cited a discretionary ground, the court considers reasonableness.

Step 7: Enforce the possession order

The possession order will specify a date by which the tenant must leave (usually 14 days, or 42 days if the tenant applies for a stay). If the tenant does not leave by that date, apply for a warrant of possession. A county court bailiff will attend the property and physically remove the tenant and their belongings. This is the only lawful enforcement method.

Do not change the locks, remove belongings, or cut off utilities. Illegal eviction is a criminal offence under the Protection from Eviction Act 1977.

Ground 8: serious rent arrears (most common ground)

Ground 8 is mandatory and requires the tenant to owe at least 2 months rent both when the notice is served and at the date of the court hearing. It is the most commonly used ground by landlords dealing with non-paying tenants, and the most frequently contested by tenants who make partial payments before the hearing.

Ground 8 is the workhorse of possession proceedings. If the tenant owes 2 or more months of rent, this is the ground to use. Because it is mandatory, the court must grant possession if you prove the arrears threshold is met at both critical dates.

The two-date test

Ground 8 has a dual requirement that catches many landlords out:

• Date 1: The tenant must owe at least 2 months rent on the date the Section 8 notice is served
• Date 2: The tenant must still owe at least 2 months rent on the date of the court hearing

If the tenant pays enough to bring arrears below 2 months between the notice date and the hearing, Ground 8 fails. This is why tenants in arrears often make a partial payment shortly before the hearing. It is also why experienced landlords always cite Ground 10 alongside Ground 8.

How to calculate 2 months rent

For a monthly tenancy at 1,000 pounds per month, 2 months rent is 2,000 pounds. The arrears must be at least this amount. If rent is 1,200 pounds per month, 2 months is 2,400 pounds. Always calculate based on the current contractual rent.

Include only rent in the calculation, not damages, fees, or other charges. Water rates, service charges, or other sums that may be due under the tenancy are not rent for Ground 8 purposes unless the tenancy agreement defines them as rent.

Practical tips for Ground 8

• Wait until arrears are comfortably above 2 months (2.5 to 3 months) before serving notice. This gives a buffer against partial payments.
• Always cite Ground 10 alongside Ground 8 on the same notice. Same notice period (4 weeks), and Ground 10 acts as a fallback if arrears drop below 2 months.
• Keep a detailed, contemporaneous rent ledger showing every payment due and received. This is your primary evidence at court.
• If you accept a partial payment after serving the notice, it does not invalidate the notice, but it may affect whether Ground 8 is still met at the hearing date.
• Apply to court promptly after the notice period expires. Delay allows more time for arrears to be paid down or for the situation to become more complex.

For the full Ground 8 procedure and worked examples, see: Section 8 Ground 8: Rent Arrears. For a timeline showing expected durations, see: Eviction Timeline for Rent Arrears.

Ground 1 and Ground 1A: landlord wants to sell or move in

Ground 1 (landlord or family member moving in) and Ground 1A (landlord intending to sell) both require 3 months notice and are not available in the first 12 months of the tenancy. Both are mandatory grounds, but come with post-possession restrictions to prevent misuse.

Ground 1: moving in

Ground 1 applies where the landlord (or a close family member) genuinely intends to occupy the property as their only or principal home. The ground is mandatory: if proved, the court must grant possession.

Key requirements:

• The tenancy must have been running for at least 12 months before the notice is served
• 3 months notice is required
• The landlord must genuinely intend to move in (not just use the property occasionally or for a short period)
• From 1 May 2026, the landlord cannot re-let the property to a new tenant within 12 months of gaining possession under Ground 1. If you do, you face a penalty and the former tenant may have a claim against you.

Evidence to prepare: your current living arrangements, why you need to move, any supporting documentation (sale of current home, family circumstances, employment relocation).

Ground 1A: selling (new ground)

Ground 1A is a new mandatory ground introduced by the Renters' Rights Act 2025. It allows a landlord to seek possession where they genuinely intend to sell the property with vacant possession.

Key requirements:

• The tenancy must have been running for at least 12 months
• 3 months notice is required
• The landlord must have a genuine intention to sell the property
• If you obtain possession using Ground 1A and then do not sell (or re-let instead), you face a financial penalty and the tenant may claim compensation

Evidence to prepare: estate agent instruction, marketing materials, valuation reports. You do not need to have a buyer lined up, but you must show genuine intention to market and sell.

The 12-month restriction explained

Neither Ground 1 nor Ground 1A can be used in the first 12 months of the tenancy. This means from the start date of the tenancy, not from 1 May 2026. If a tenancy started on 1 August 2025, the 12-month restriction lifts on 1 August 2026. If a tenancy started on 1 June 2026, the restriction lifts on 1 June 2027.

This restriction exists to give tenants security in the early months of a new tenancy. A landlord who knows they want to sell within 12 months should consider selling with the tenant in situ (the property is sold subject to the existing tenancy) rather than waiting for the restriction to lift.

How long does eviction take now?

From serving a Section 8 notice to having the tenant removed by bailiffs, expect 4 to 8 months in most cases. The timeline depends on the ground used, the notice period, court backlogs in your area, and whether the tenant defends the claim.

Below is a realistic timeline for the most common scenario: rent arrears using Ground 8 with a 4-week notice period.

Best case (tenant leaves after notice): 5 weeks. This happens occasionally but is not the norm, especially with tenants in arrears who have nowhere else to go.

Typical case (court grants possession, tenant leaves before bailiff): 4-5 months.

Worst case (defended claim, adjournments, stay of execution, bailiff delays): 8-12 months.

For Ground 1 or Ground 1A, add 2 extra months because the notice period is 3 months instead of 4 weeks. Total timeline: 6-10 months typically.

Why is it so slow?

Court backlogs are the primary cause. The county court system in England has been under-resourced for years. The abolition of Section 21 has pushed all possession cases onto Section 8, increasing the volume of contested hearings. Section 21 cases were often uncontested (the court had to grant possession), but Section 8 cases are more likely to be defended because the tenant can challenge whether the ground is proved.

There is no way to speed up the court process. What you can control: serve the notice correctly the first time (avoiding the need to re-serve), file the court claim promptly after the notice expires (every week of delay adds a week to the total), and prepare strong evidence so the hearing does not need to be adjourned for further information.

Common mistakes landlords make when evicting after Section 21 abolished

The most common mistakes are: serving notice before meeting compliance obligations, using an outdated Form 3, miscalculating the notice period, citing the wrong ground, providing insufficient particulars, and attempting to use Ground 1 or 1A within the first 12 months.

Mistake 1: Not checking compliance before serving notice

If you have not protected the deposit, or have not provided a valid EPC, gas safety certificate, EICR, or How to Rent guide, the tenant can raise this as a defence. The court may refuse to grant possession until the compliance failure is remedied. Check everything before serving the notice, not after. See: Landlord Compliance Checklist.

Mistake 2: Using an old form

Form 3 is updated by the Ministry of Justice. The Renters' Rights Act triggered a new version of the form. Using the pre-May 2026 version will invalidate the notice. Download a fresh copy from gov.uk every time.

Mistake 3: Miscalculating the notice period

Common errors include: starting the count from the date of posting instead of the day after (for first class post), counting working days instead of calendar days, using '1 month' instead of '4 weeks' (28 days), and setting the proceedings date one day too early. A miscalculated notice period invalidates the notice entirely.

Mistake 4: Citing the wrong ground

Citing Ground 8 when arrears are below 2 months. Citing Ground 1A when the tenancy is less than 12 months old. Citing Ground 12 (tenancy breach) for a rent arrears issue. Each ground has specific conditions, and citing the wrong one wastes the notice period and delays the process.

Mistake 5: Insufficient particulars

The notice requires 'particulars of the ground': a factual explanation of why the ground applies. 'The tenant is in arrears' is not sufficient. State the exact amount owed, the rent due dates, the payments received, and the current balance. Vague or generic particulars can be challenged.

Mistake 6: Attempting illegal eviction

Changing locks, removing belongings, turning off heating or hot water, or threatening the tenant. All of these are illegal under the Protection from Eviction Act 1977. The penalties are severe: unlimited fine, imprisonment, and substantial civil damages payable to the tenant. No matter how frustrating the situation, follow the legal process.

Mistake 7: Delaying after the notice expires

Once the notice period has expired, apply to court promptly. Every week of delay adds a week to the total process. There is no benefit to waiting, and in rent arrears cases, additional months of unpaid rent accumulate while you wait.

Mistake 8: Not keeping records

Courts require evidence. A rent ledger showing every payment due and received. Copies of all correspondence. Photographs (dated) of property condition. The original tenancy agreement. The certificate of posting or signed receipt for the notice. Without these, your case is weaker and the hearing may be adjourned while you gather evidence.

What about existing Section 21 notices served before 1 May 2026?

A Section 21 notice served before 1 May 2026 is only valid if court proceedings were also issued before 1 May 2026. If you served a Section 21 notice but did not get to court before that date, the notice is now invalid and you must start the process again using Section 8.

The transitional provisions in the Renters' Rights Act 2025 are straightforward:

If you had a Section 21 notice in progress and missed the 1 May 2026 deadline for issuing court proceedings, your only option is to start the Section 8 process. Identify a valid ground, serve a new notice, and follow the procedure described in this guide.

For more detail on what changed, see: Section 21 Abolished: What Landlords Need to Know.

Frequently asked questions

Can I still use Section 21 to evict a tenant in 2026?

No. Section 21 was abolished on 1 May 2026 by the Renters' Rights Act 2025. No new Section 21 notices can be served. Any Section 21 notice served before 1 May 2026 where court proceedings were not issued before that date is now invalid. The only route to possession is Section 8 of the Housing Act 1988.

What is the fastest way to evict a tenant in 2026?

The fastest route is Ground 14 (anti-social behaviour) which allows immediate proceedings in the most serious cases. For rent arrears, Ground 8 requires 4 weeks notice followed by a court application. Realistically, even the fastest eviction takes 3 to 6 months from notice to bailiff enforcement, depending on court backlogs in your area.

What happens to my existing Section 21 notice that was served before 1 May 2026?

If you served a Section 21 notice before 1 May 2026 and issued court proceedings before 1 May 2026, those proceedings continue under the old rules. If you served a Section 21 notice but did not issue court proceedings before 1 May 2026, the notice is no longer valid and you must use Section 8 instead.

Do I need a reason to evict a tenant now?

Yes. Every eviction must be based on a specific ground listed in Schedule 2 of the Housing Act 1988. You must prove the ground applies at the court hearing. The grounds cover rent arrears, anti-social behaviour, breach of tenancy, the landlord wanting to sell or move in, and other specific circumstances.

Can I evict a tenant if I want to sell the property?

Yes, using the new Ground 1A (landlord intending to sell). You must give 3 months notice and cannot use this ground within the first 12 months of the tenancy. The ground is mandatory, meaning the court must grant possession if proved. You cannot re-let the property within 12 months of obtaining possession.

How long does the eviction process take in 2026?

From serving a Section 8 notice to having the tenant removed by bailiffs, the process typically takes 4 to 8 months. This includes: the notice period (4 weeks to 3 months), court listing and hearing (6-12 weeks), possession order compliance period (14 days), and bailiff enforcement if needed (4-8 weeks).

What is the difference between mandatory and discretionary grounds?

With a mandatory ground, the court must grant possession if the ground is proved, regardless of the tenant's circumstances. With a discretionary ground, the court weighs whether it is reasonable to grant possession. Mandatory grounds include Ground 1 (moving in), Ground 1A (selling), and Ground 8 (serious arrears). Discretionary grounds include Ground 10 (some arrears), Ground 12 (breach), and Ground 14 (anti-social behaviour).

Can I evict a tenant who is on benefits or Universal Credit?

A tenant's benefit status does not protect them from eviction, but it also does not provide grounds for eviction. You cannot evict someone simply because they receive benefits. If they are in arrears, the same grounds and process apply regardless of income source.

What if the tenant pays off arrears after I serve a Section 8 notice?

For the mandatory Ground 8, the tenant must owe at least 2 months rent at both the date the notice is served and at the court hearing date. If arrears drop below 2 months before the hearing, Ground 8 fails. This is why you should always cite Ground 10 (discretionary, any arrears) alongside Ground 8 on the same notice.

Is it legal to change the locks or remove a tenant's belongings?

No. Changing locks, removing belongings, cutting off utilities, or otherwise forcing a tenant out without a court order and bailiff enforcement is an illegal eviction under the Protection from Eviction Act 1977. It is a criminal offence punishable by an unlimited fine or imprisonment. Always follow the legal process.