How eviction now works in England following the abolition of no-fault section 21 notices, what section 8 grounds a landlord can use, and how to respond to a notice.
From 1 May 2026, section 21 ‘no-fault’ eviction notices can no longer be served in England. The Renters’ Rights Act 2025 removed them entirely. If a landlord served a valid section 21 notice before 28 April 2026 and issued court proceedings before 31 July 2026, those proceedings may still continue under the old rules. Any notice served on or after 1 May 2026 has no legal force. If a landlord tries to evict you without a court order this is unlawful.
Landlords must now use the section 8 procedure under the Housing Act 1988 and establish a valid statutory ground for possession. Mandatory grounds — where the court must order possession if the ground is proved — include serious rent arrears (Ground 8, now requiring at least three months’ arrears), the landlord wishing to sell (Ground 1A), or the landlord or a close family member wishing to move in (Ground 1). Discretionary grounds allow the court to refuse possession even if the ground is proved.
Most section 8 grounds require the landlord to give at least four months’ written notice before applying to court. Shorter periods apply for serious anti-social behaviour (Ground 7A) and rent arrears. The notice must specify the ground relied on and the date after which possession proceedings may begin. A notice that is defective in form or specifies the wrong ground can be challenged.
At the start of a new tenancy, tenants have a 12-month protected period during which the landlord cannot rely on the ‘sale of property’ ground (Ground 1A) or the ‘landlord or family member moving in’ ground (Ground 1). This gives new tenants a degree of security in the early months of the tenancy.
Receiving a section 8 notice does not mean you must leave. The notice begins a process; the landlord must then apply to court, and you have the right to attend the hearing and challenge the ground relied on or the landlord’s evidence. Do not simply vacate because a notice has arrived. Take advice as soon as possible — from a housing solicitor, Shelter, or Citizens Advice — because the response window can be short.
No, not in England from 1 May 2026. The Renters’ Rights Act 2025 abolished no-fault section 21 evictions. Your landlord must now rely on a specific statutory ground under section 8 of the Housing Act 1988, serve the correct notice, and obtain a court order before you are required to leave.
This may constitute unlawful eviction or harassment. Using or threatening possession proceedings in retaliation for a tenant exercising their rights is a relevant factor a court can consider. If you believe your landlord is acting in bad faith, document everything and take legal advice urgently.
The Counsel is an AI tool that provides legal information about how section 8 and the Renters’ Rights Act 2025 work. It can help you understand what the law requires and what to look for in a notice, but it does not give legal advice on your individual situation. Given the stakes in possession proceedings, we strongly recommend speaking with a housing solicitor or Shelter.
The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.
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