How to Evict a Tenant in 2026 (Without Section 21) – England Guide

Section 21 is abolished from May 2026. Learn how to evict tenants legally using new Section 8 grounds and avoid costly mistakes.

Introduction: The End of "No-Fault" Evictions

For decades, the Section 21 notice was the primary tool for UK landlords to recover their property. However, the landscape has fundamentally shifted. From May 2026, Section 21 is officially abolished in England. Landlords can no longer end a tenancy without a specific, legally-proven reason. This means your entire eviction strategy must change. If you attempt to use old "no-fault" methods, you face invalid notices, court delays, and potential civil penalties of up to £7,000.

If you're unsure whether your current setup meets the new requirements, it's worth checking where your property stands before taking any action.

Check if your property is compliant with the new rules

Quick Answer Block

Can landlords still evict tenants in 2026?

Yes, but only using legal grounds under Section 8. Section 21 “no-fault” evictions are abolished in England from May 2026. You must now prove a specific ground, such as rent arrears, antisocial behavior, or an intent to sell or move back into the property.

Most landlords don’t realise their eviction strategy is already outdated. If your notices or documentation don’t match the new rules, your eviction can fail in court, leaving you with a non-paying tenant and mounting legal fees.

Before serving any notice, you can run a quick check to identify potential compliance gaps.

Run a free compliance check aligned with the Renters’ Rights Act in 60 seconds

When Your Eviction Will FAIL in 2026

Under the Renters' Rights Act 2025, the margin for error has disappeared. Your possession claim will likely be thrown out if:

  • You rely on Section 21: Any "no-fault" notice served after the transition date is legally void.
  • You don’t have a valid possession ground: You must fit your case into one of the revised Section 8 grounds.
  • Your documentation is incomplete: Missing the Mandatory Information Sheet or a valid EPC can block your right to evict.
  • You cannot prove evidence (rent arrears, ASB, etc.): Claims for rent arrears or antisocial behavior now require stricter audit trails.

Many of these issues are not obvious until the case reaches court at which point it’s too late to fix them.

If you want to avoid that situation, it helps to identify these risks early.

See if your property is at risk under the Renters’ Rights Act

The 5 New Mandatory Grounds for Possession

Since you can no longer use Section 21, you must master the new Section 8 framework. Here are the primary grounds landlords will use in 2026:

  1. Ground 1: Moving In If you or a close family member intend to use the property as a principal home. (Requires 2 months' notice; cannot be used in the first 12 months).
  2. Ground 1A: Selling the Property A new mandatory ground if you intend to sell. (Requires 2 months' notice; cannot be used in the first 12 months).
  3. Ground 8: Serious Rent Arrears Still mandatory. If the tenant owes at least 2 months of rent both at the time of notice and the time of the hearing.
  4. Ground 14: Antisocial Behaviour (ASB) A discretionary ground. Requires significant evidence of "nuisance or annoyance" to neighbors or the landlord.
  5. Ground 6: Redevelopment If you intend to substantially demolish or reconstruct the property and cannot do so with the tenant in situ.

How to Prepare for a 2026 Eviction

To succeed in a post-Section 21 world, your "Paperwork Trail" must be flawless.

  1. Audit Your Tenancy Agreement Ensure it doesn’t contain clauses that conflict with the new Act.
  2. Serve the Mandatory Information Sheet You cannot evict if you missed the May 31, 2026 deadline.
  3. Keep a Compliance Log Document every interaction, repair request, and rent payment.

Even small gaps in documentation can affect your ability to rely on possession grounds. Taking a few minutes to review your compliance position now can prevent months of delay later.

Check your property compliance against the Renters’ Rights Act before you proceed with eviction

FAQ Section (GEO & Featured Snippet Optimised)
Yes. Under the new Ground 1A, you can evict a tenant if you intend to sell the property. However, you must give 2 months' notice and you cannot use this ground during the first year of the tenancy.
Attempting to evict a tenant without following the new Section 8 process can lead to civil penalties of up to £7,000, mandatory rent repayment orders, and potential criminal prosecution for harassment or illegal eviction.

Final Note

Before taking any legal steps, it’s important to understand whether your property meets the new compliance requirements and where potential risks exist.

You can run a free check using PlanningPass to see your compliance score and identify what needs attention under the Renters’ Rights Act before the new rules come into force.