0151 665 0320Section 21 eviction — the so-called no fault eviction — has been abolished in England. Landlords can no longer serve a Section 21 notice to remove a tenant simply because they want the property back. This is one of the most significant changes brought in by the Renters’ Rights Act 2026, and it affects every landlord in the private rented sector.
Now that the Section 21 eviction has ended, this guide explains what you can and cannot do to end a tenancy, and what steps to take if you need to regain possession of your property.
What Was a Section 21 Eviction?
Section 21 of the Housing Act 1988 previously allowed landlords to end an assured shorthold tenancy by giving a tenant at least two months’ written notice — without needing to give any reason. A Section 21 eviction made it a widely used tool for landlords who wanted to sell a property, move a family member in, or simply end a tenancy that was not working out.
The Renters’ Rights Act 2026 repealed Section 21, removing the Section 21 eviction route entirely. Any Section 21 notices already served that have not been enforced through the courts are now invalid.
What Can Landlords Do Now to End a Tenancy?
To end a tenancy, a landlord must now rely on one of the grounds set out in Schedule 2 of the Housing Act 1988, as amended by the Renters’ Rights Act. These grounds are divided into mandatory grounds (where the court must grant possession if the ground is proved) and discretionary grounds (where the court considers whether it is reasonable to grant possession).
The Key Mandatory Grounds
Ground 1 — Landlord or family member moving in: This ground applies where the landlord or a close family member (including a spouse, civil partner, parent, child, or sibling) intends to occupy the property as their only or principal home. You must serve at least four months’ notice and cannot use this ground within the first two years of the tenancy.
Ground 1A — Landlord intends to sell: This new ground allows a landlord to recover possession if they intend to sell the property. Four months’ notice is required and the ground cannot be used in the first two years of the tenancy. If you subsequently do not sell within a defined period, restrictions may apply to re-letting.
Ground 6 — Redevelopment: Where the landlord intends to demolish or substantially redevelop the property and cannot do so with the tenant in occupation. This ground requires two months’ notice and the tenant must not be at fault.
Ground 7A — Anti-social behaviour: This is a mandatory ground for serious anti-social behaviour, including conviction for certain offences. The notice period is four weeks.
Ground 8 — Rent arrears: This remains a mandatory ground, but the threshold has changed. Under the amended legislation, a landlord must show the tenant was at least three months in arrears at the date the notice was served and at the date of the hearing. Previously, two months’ arrears were sufficient for mandatory possession. Notice of four weeks must be given.
Key Discretionary Grounds
Ground 10 — Some rent arrears: Where the tenant is in arrears, even if less than the threshold for ground 8. The court has discretion and will consider the tenant’s circumstances.
Ground 11 — Persistent late payment: Where the tenant has consistently paid rent late, even if not currently in arrears at the time of the hearing.
Ground 12 — Breach of tenancy: Where the tenant has broken any obligation in the tenancy agreement other than the obligation to pay rent.
Ground 13 — Deterioration of property: Where the condition of the property has deteriorated due to acts or neglect by the tenant or anyone living with them.
Ground 14 — Nuisance or annoyance: Where the tenant has caused nuisance or annoyance to neighbours or has been convicted of a relevant offence used or intended for immoral or illegal purposes.
What You Cannot Do
Without a Section 21 eviction available, landlords cannot end a tenancy without using one of the statutory grounds above. You cannot include clauses in tenancy agreements that attempt to give you additional rights to end a tenancy, as these would be unenforceable. You also cannot attempt to evict a tenant by any means other than through the courts — doing so constitutes illegal eviction, which is a criminal offence and can result in significant civil liability.
The Notice and Court Process
To end a tenancy using a statutory ground, you must serve the correct notice (a Section 8 notice) in the correct form, specifying the ground or grounds you are relying on and complying with the notice period for that ground. If the tenant does not leave at the end of the notice period, you must apply to the court for a possession order. The court will then decide whether the ground is made out and whether possession should be granted.
The process takes time and must be done correctly. Any errors in the notice — including using the wrong form, citing the wrong ground, or failing to comply with notice requirements — can invalidate the process and require you to start again.
Frequently Asked Questions
Can I still ask my tenant to leave without going to court?
Even without the Section 21 eviction, you can always ask a tenant to leave voluntarily, and if they agree, they can surrender the tenancy without any court process. However, you cannot force a tenant to leave without going through the proper legal process, including serving the correct notice and obtaining a court order if necessary.
What happens if my tenant is in arrears?
If rent arrears reach the mandatory threshold (currently three months), you can serve a Section 8 notice (the replacement for the old Section 21 eviction) based on Ground 8 and apply for a mandatory possession order. Below that threshold, you may be able to rely on discretionary Grounds 10 or 11, but the court will have discretion. Take legal advice before serving any notice.
I need to sell my property — what do I do?
You can use Ground 1A to seek possession if you genuinely intend to sell. You must give four months’ notice and cannot use this ground in the first two years of the tenancy. Be aware that if you do not proceed with the sale, you may face restrictions and potential claims from the former tenant.
What should landlords do now?
Familiarise yourself with the grounds for possession under the new rules. Keep clear records of rent payments, communications with tenants, and any issues that arise during the tenancy. Take legal advice before serving any possession notice — the process must be correct from the outset.
How Cook Legal Solicitors Can Help
At Cook Legal Solicitors, we advise landlords on possession proceedings and the end of the Section 21 eviction under the Renters’ Rights Act 2026. Whether you need to understand your options, draft a Section 8 notice, or represent you in court proceedings, our team has the expertise to guide you through the process.
Contact us today for practical advice on ending a tenancy under the new rules.