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Eviction after the Renters' Rights Act: section 21 abolished, section 8 explained

How eviction works for private tenants in England since section 21 was abolished on 1 May 2026: section 8 grounds, notice periods, the court process, illegal eviction and where Wales differs.

By: Free Legal Advice UK Editorial teamPublished: Last updated: , checked against the sources listed belowApplies to: England. Wales has a separate system under the Renting Homes (Wales) Act 2016, and Scotland and Northern Ireland have their own laws.

This guide is general information about the law at the date shown. It is not legal advice and is not a substitute for advice from a qualified, regulated adviser about your circumstances.

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On 1 May 2026, the Renters' Rights Act 2025 changed how private landlords in England can end a tenancy. The best-known change is the end of "no fault" section 21 evictions. This guide explains what replaced them, how much notice tenants must get, and what has to happen before anyone can be made to leave. It is general information, not advice on your situation.

Section 21 has been abolished

Before 1 May 2026, a private landlord in England could usually end an assured shorthold tenancy by serving a section 21 notice, without giving a reason. That is no longer possible. The government's overview for tenants (opens in a new tab) explains that from 1 May 2026 you can no longer be evicted using the section 21 process, even if your tenancy agreement says you can. If court proceedings based on a section 21 notice were started before that date, in some cases they can still be completed.

Most existing assured shorthold tenancies became assured periodic tenancies on 1 May 2026. These run from month to month or week to week, with no fixed end date. Tenants can end the tenancy by giving two months' notice, unless a shorter period is agreed.

Landlords must now use section 8 and a ground

To end a tenancy, a landlord must now serve a section 8 notice relying on one or more legal reasons, called grounds for possession. GOV.UK's guide for tenants on notices served from 1 May 2026 (opens in a new tab) lists examples, including:

  • rent arrears
  • damage to the property
  • antisocial behaviour
  • breach of the tenancy agreement
  • the landlord or a close family member wanting to move in
  • the landlord wanting to sell
  • repossession by the landlord's mortgage lender

Grounds 1 to 8 are mandatory: if the landlord proves the ground, the court must make a possession order. Grounds 9 to 17 are discretionary: even if the ground is proved, the court decides whether it is reasonable to order possession.

How much notice?

The notice period depends on the ground. According to the government's grounds for possession guidance for tenants (opens in a new tab):

  • Landlord or family moving in (ground 1) and sale (ground 1A): 4 months' notice. The notice can be given during the first 12 months of a new tenancy, but it cannot expire before those 12 months have ended.
  • Serious rent arrears (ground 8): 4 weeks' notice. You must owe at least 3 months' rent (or 13 weeks' rent if you pay weekly or fortnightly) both when the notice is served and at the court hearing.
  • Other rent grounds: 4 weeks' notice where the landlord relies on some rent being owed (ground 10) or persistent late payment (ground 11). These are discretionary.

Under ground 8, arrears caused only by a delay in Universal Credit do not count. If you pay off enough of the arrears before the hearing that you owe less than the threshold, the landlord cannot rely on ground 8, although discretionary grounds may still apply. Shelter's notice period page (opens in a new tab) sets out the periods for each ground.

A notice is not an eviction

A section 8 notice is only the first step. If you do not leave when the notice expires, your landlord must apply to the county court for a possession order. GOV.UK explains that the landlord must normally do this within 12 months of serving the notice, or the notice can no longer be used.

The court will send you papers and a hearing date. You should fill in the defence form and attend the hearing, even if you think you owe money. The judge can only make an order if the landlord proves the ground and, for discretionary grounds, it is reasonable. Free advice may be available at court through the Housing Loss Prevention Advice Service, which is funded by legal aid.

Deposits matter too. If your landlord took a deposit and did not protect it properly, the court can only make a possession order in limited circumstances. Our tenancy deposits guide explains this.

After a possession order

If the court makes a possession order and you do not leave by the date set, the landlord must apply for a warrant of possession. Only court enforcement officers (bailiffs) can then carry out the eviction, and you should be given notice of the eviction date. A landlord cannot change the locks or remove you themselves.

Illegal eviction and harassment

It is a criminal offence for a landlord, or anyone acting for them, to unlawfully evict a residential occupier or to harass them to make them leave. This is set out in the Protection from Eviction Act 1977 (opens in a new tab). Examples include changing the locks while you are out, removing your belongings, or cutting off gas, electricity or water to force you out.

If this happens, contact your local council, which can investigate and prosecute, and the police if you are in immediate danger. You may also be able to claim damages.

If you are at risk of homelessness

If you have received a notice, contact your local council's housing department early. Councils have legal duties to help people who are threatened with homelessness within 56 days, so contact them as soon as you receive a notice rather than waiting for a court date. GOV.UK's guidance on getting help from your council if you are homeless (opens in a new tab) explains the process.

Social housing tenants

The Renters' Rights Act reforms do not apply to social housing in the same way or at the same time. The government's implementation roadmap (opens in a new tab) says the reforms will apply to the social rented sector in 2027. If you rent from a council or housing association, check your tenancy type and get advice.

Wales, Scotland and Northern Ireland

This guide covers England. Wales has a separate system under the Renting Homes (Wales) Act 2016, with its own notice rules for "occupation contracts"; Shelter Cymru (opens in a new tab) can help. Scotland and Northern Ireland have their own tenancy laws.

Checklist if you receive a notice

  • Check the date, the grounds relied on and the notice period.
  • Check whether your deposit was protected.
  • Get advice quickly from Shelter, Citizens Advice or a housing solicitor.
  • Contact your council's housing team if you may become homeless.
  • Do not ignore court papers, and go to the hearing.

Where to get help

Shelter's eviction advice (opens in a new tab) and Citizens Advice (opens in a new tab) can help you check a notice. Legal aid may be available for possession cases, and you can check if you can get legal aid (opens in a new tab). See our free legal help page for more options.

Need help with your own situation? See our free legal help page for organisations that give free advice, including Citizens Advice, law centres and Civil Legal Advice.

Sources

  1. overview for tenants (opens in a new tab) (gov.uk)
  2. guide for tenants on notices served from 1 May 2026 (opens in a new tab) (gov.uk)
  3. grounds for possession guidance for tenants (opens in a new tab) (gov.uk)
  4. Shelter's notice period page (opens in a new tab) (england.shelter.org.uk)
  5. Protection from Eviction Act 1977 (opens in a new tab) (legislation.gov.uk)
  6. getting help from your council if you are homeless (opens in a new tab) (gov.uk)
  7. implementation roadmap (opens in a new tab) (gov.uk)
  8. Shelter Cymru (opens in a new tab) (sheltercymru.org.uk)
  9. Shelter's eviction advice (opens in a new tab) (england.shelter.org.uk)
  10. Citizens Advice (opens in a new tab) (citizensadvice.org.uk)
  11. check if you can get legal aid (opens in a new tab) (gov.uk)

Sources checked for the update dated 15 October 2026. Spotted an error? Tell us and read how we handle corrections.