For landlords
How to evict a tenant without Section 21: your 2026 options
If you want to know how to evict a tenant without Section 21, the answer is that you now use a Section 8 notice and must prove a legal reason, called a ground. Section 21 “no fault” evictions ended in England on 1 May 2026. You can still get your property back to sell it, move in, or deal with rent arrears or anti-social behaviour, but you must follow the process exactly.
Key points
- 01Landlords can no longer end a tenancy without a reason. Every possession claim now needs a stated ground under Section 8.
- 02The moving-in and selling grounds cannot be used in the first 12 months of a tenancy, and need 4 months’ notice.
- 03Rent arrears are a mandatory ground only when the tenant owes at least 3 months’ rent.
- 04If the court is not satisfied, or you skip a step, the claim can fail. Plan before you let.
Can you still evict a tenant without a reason?
No. The Renters’ Rights Act 2025 abolished Section 21, so landlords can no longer ask for a property back simply because a fixed term has ended.
Tenancies are now ongoing, called periodic tenancies. You need a valid ground to end one, and you need evidence to back it up.
How does possession work under Section 8?
The process is set out in Section 8 of the Housing Act 1988, and the government explains it in its guide to repossessing your privately rented property after 1 May 2026. In short, there are three stages:
- Serve a Section 8 notice (Form 3A) that names the ground, gives the reasons and allows the correct notice period.
- If the tenant does not leave, apply to the county court for a possession order.
- If the tenant still stays, apply for a warrant so bailiffs can enforce the order.
Never change the locks or force a tenant out yourself. The government’s eviction guidance warns that an illegal eviction is a criminal offence.
Which grounds can you use to get your property back?
The grounds are listed in the Act and explained in the government’s guide to the Renters’ Rights Act. The ones most landlords ask about are:
Moving in or selling
Ground 1 covers you or close family moving in. Ground 1A covers selling the property. Neither can be used in the first 12 months of a tenancy, and both need 4 months’ notice.
After using either ground, you cannot market or re-let the property for 12 months. Do not use them as a way round the rules.
Rent arrears and behaviour
Ground 8 is mandatory if the tenant owes at least 3 months’ rent (13 weeks if paid weekly or fortnightly) at notice and at the hearing. The notice period is 4 weeks. Anti-social behaviour has its own grounds, which can be used sooner.
What should you check before you let?
Because you cannot rely on a quick no-fault exit, your choices at the start matter more. Work through this checklist:
- Decide whether you might want to sell or move in within the first year. If so, a standard tenancy may not suit you.
- Protect the deposit and give the right documents, such as the How to rent guide, as most grounds need this done.
- Check any licensing rules for your borough before the tenancy starts.
- Reference tenants carefully and keep clear records of rent and complaints.
- Keep the property safe and in good repair, so a claim is not undermined.
Our guide to other changes for landlords covers more of the new rules.
Do you need to be on the PRS database to get possession?
Not yet. The PRS database starts rolling out on 15 December 2026, and London’s registration window runs from 15 July 2027 to 14 October 2027. Landlords cannot register today, so a missing registration cannot block a claim at the moment.
Once your area opens, registration will matter. A landlord who is not registered is expected to be unable to get a possession order, except for anti-social behaviour. Put the dates in your diary.
Is there a simpler way to protect your income?
Possession can take time, and rent is not paid while a claim runs. With Guaranteed Rent, you get a fixed rent every month, including when the property is empty, with 0% commission.
Denhan is a London Guaranteed Rent Specialist with 20+ years of experience, covering all 32 London boroughs. Your tenancy is managed for you, so you are not dealing with notices and court forms.
Frequently asked questions
Can I still use a Section 21 notice?
No. Section 21 ended in England on 1 May 2026. You must use Section 8 and a stated ground.
How long does it take to get possession now?
It depends on the ground, the notice period and how busy the court is. Notice alone is 4 weeks for rent arrears under Ground 8 and 4 months for moving in or selling, before any court wait.
Can I sell my rented property with a tenant in it?
Yes. You can sell with the tenant in place, or use Ground 1A after the first 12 months with 4 months’ notice.
Want a steadier way to let your London property? Request a free valuation and see how Guaranteed Rent could work for you.
Photo: Acabashi, CC BY-SA 4.0
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