If you are a landlord trying to work out how eviction actually works now, here it is in plain English. On 1 May 2026 the Renters' Rights Act 2025 abolished Section 21, the "no-fault" eviction that let landlords end a tenancy without giving a reason. That route is gone. From now on, every eviction needs a specific legal reason, called a Section 8 ground, and it goes through the court. This is the biggest change to renting in England in decades, and a lot of landlords are still working with out-of-date assumptions. This guide strips out the jargon and tells you what you can and cannot do.
What actually changed on 1 May 2026?
Two things changed that matter most for eviction.
Section 21 is abolished. You can no longer serve a notice that ends a tenancy without a reason. The old "two months' notice and out" route does not exist any more.
Every tenancy is now periodic. All the old assured shorthold tenancies (ASTs) automatically became periodic assured tenancies on 1 May 2026. There are no more fixed terms in the old sense, and tenants can leave with two months' notice. To get your property back, you now need a valid Section 8 ground.
That is the heart of it. Eviction has moved from "landlord decides" to "landlord proves a specific ground in court." For how this interacts with EPC compliance, our Renters' Rights Act EPC requirements guide covers the full picture.
What is a Section 8 ground and how does it work?
A Section 8 ground is a legal reason for possession set out in the Housing Act 1988 (as amended by the Renters' Rights Act). To evict a tenant, you serve a Section 8 notice stating which ground or grounds you are relying on, wait out the notice period, and then, if the tenant does not leave, apply to the county court for a possession order.
Grounds come in two types, and the difference is crucial:
- Mandatory grounds. If you prove the ground, the court must grant possession. There is no discretion.
- Discretionary grounds. Even if you prove the ground, the court will only grant possession if it thinks it is reasonable to do so.
So a mandatory ground is far stronger for a landlord than a discretionary one, because you are not relying on the court's view of what is fair. The trade-off is that mandatory grounds usually have stricter conditions or longer notice periods.
What are the main Section 8 grounds landlords use?
Here are the grounds landlords rely on most, with their notice periods and type. Always check the current prescribed form and the exact wording before serving, because getting the ground or notice period wrong invalidates the notice.
| Ground | What it covers | Type | Notice period |
|---|---|---|---|
| Ground 1 | Landlord or close family wants to move in | Mandatory | 4 months |
| Ground 1A | Landlord intends to sell the property | Mandatory | 4 months |
| Ground 6 | Substantial redevelopment or reconstruction | Mandatory | 4 months |
| Ground 8 | Serious rent arrears (see below) | Mandatory | 4 weeks |
| Ground 14 | Anti-social behaviour | Discretionary | No fixed notice; court proceedings can begin at once |
A few important details on the ones that matter most.
Ground 1 and Ground 1A: moving in or selling
Ground 1 (you or close family moving in) and Ground 1A (you intend to sell) are both mandatory grounds with a four-month notice period. Both come with a big restriction: you cannot use them in the first 12 months of a tenancy. You have to wait until the tenancy has run for at least 12 months before the possession date can take effect, which in practice means serving the four-month notice around month eight at the earliest.
There is also an anti-abuse safeguard. If you evict on Ground 1A to sell, you cannot simply re-let the property shortly afterwards; misusing these grounds exposes you to civil penalties. These are genuine-reason grounds, not a back-door replacement for Section 21. For the detail, see our Ground 1 landlord moving in guide and Section 8 Ground 1A selling guide.
Ground 8: rent arrears
Ground 8 is the main mandatory arrears ground. It applies where the tenant is at least three months in arrears (or 13 weeks if rent is paid weekly or fortnightly), both at the date you serve the notice and at the date of the hearing. The notice period is four weeks.
The catch that trips landlords up: the arrears must still be at that level at the hearing. If the tenant pays enough to drop below the three-month threshold before the hearing, the mandatory ground falls away, and you are left relying on the discretionary arrears grounds instead. There are also discretionary grounds for arrears and for persistent late payment, which the court considers on a reasonableness basis.
Ground 14: anti-social behaviour
Ground 14 covers anti-social behaviour and nuisance. It is discretionary, so the court weighs whether possession is reasonable. There is no fixed notice period in the usual sense: for anti-social behaviour, you can begin court proceedings immediately, though the court will not normally make a possession order until 14 days have passed from the notice for the standard cases. Because it is discretionary, strong evidence (complaints, incident logs, police involvement) is essential.
Do landlords still have to give notice, and how long?
Yes. Every Section 8 route needs a valid notice served on the tenant, stating the grounds. The notice period depends on the ground:
- Serious rent arrears (Ground 8): four weeks.
- Landlord moving in or selling (Grounds 1 and 1A): four months.
- Redevelopment (Ground 6): four months.
- Anti-social behaviour (Ground 14): proceedings can start immediately, subject to the court's timing.
The general direction of the reform is longer notice for the "landlord circumstance" grounds (moving in, selling, redeveloping) and shorter notice for tenant-fault grounds (serious arrears). If you serve the wrong notice period, the notice is invalid and you start again. For a full ground-by-ground breakdown, see our Renters' Rights Act notice periods guide.
What is the court process now?
Because Section 21's accelerated paper route is gone, possession now runs through the standard Section 8 court process:
- Serve a valid Section 8 notice stating the ground(s) and giving the correct notice period.
- Wait out the notice period. If the tenant leaves, that is the end of it.
- Apply to the county court for a possession order if the tenant stays.
- Attend the hearing. For a mandatory ground proven on the evidence, the court must grant possession. For a discretionary ground, the court decides whether it is reasonable.
- Enforce the order through county court bailiffs if the tenant still does not leave.
Note that possession is a court matter, not a tribunal matter. The First-tier Tribunal handles rent increases, penalties, and rent repayment orders, but not evictions. If you are unsure which forum you need, our Renters' Rights Act tribunal process guide sets out the split.
Because every case now potentially involves a hearing, the process takes longer and demands better evidence than the old Section 21 route. Plan for months, not weeks, and keep meticulous records.
Can I evict a tenant to do EPC or improvement works?
No, and this is a point landlords keep getting wrong. There is no Section 8 ground for EPC improvement works. You cannot evict a tenant simply to reach the 2030 band C requirement or to carry out energy efficiency upgrades.
- Ground 6 (redevelopment) covers substantial reconstruction, not routine EPC measures like loft insulation, a boiler swap, or cavity wall fill.
- Ground 1A (selling) requires a genuine intention to sell, not a plan to upgrade and re-let. Using it as a workaround is an abuse of the ground and risks civil penalties.
If a tenant refuses access for EPC works, the route is a tenant consent exemption under MEES, not eviction. Since Section 21 is gone, that exemption is now a long-term holding position rather than a temporary bridge, because you cannot wait for a no-fault eviction to upgrade in the void. This is exactly why EPC planning now needs to happen with the tenant in situ. Check your property's likely rating with the EPC predictor tool and see the Renters' Rights Act EPC action plan for how to sequence upgrades without vacant possession.
What should landlords do differently now?
- Stop relying on the old mental model. "I'll just serve a Section 21" is no longer an option.
- Keep excellent records. Every arrears case and anti-social behaviour case now depends on evidence at a hearing.
- Serve the right notice. Wrong ground or wrong notice period means starting over.
- Plan EPC upgrades around sitting tenants, because you cannot evict to do the works.
- Set rents at genuine market level, so a rent increase does not become a tribunal dispute on top of everything else.
The reform rewards organised landlords with compliant, well-documented tenancies and penalises those who assumed they could always fall back on a no-fault notice. For the full compliance picture across EPC, notices, and the new database, start with our Renters' Rights Act EPC requirements guide.
Frequently asked questions
Can I still use Section 21 to evict a tenant?
No. Section 21 was abolished on 1 May 2026. You can no longer serve a no-fault eviction notice. Every eviction now needs a specific Section 8 ground and goes through the county court.
How do I evict a tenant in 2026?
You serve a Section 8 notice stating the legal ground you are relying on, give the correct notice period, and if the tenant does not leave, apply to the county court for a possession order. For mandatory grounds proven on the evidence, the court must grant possession; for discretionary grounds, the court decides whether it is reasonable.
What is the difference between a mandatory and a discretionary ground?
For a mandatory ground, if you prove it, the court must grant possession. For a discretionary ground, the court only grants possession if it also thinks it is reasonable to do so. Mandatory grounds are stronger for landlords but often carry stricter conditions or longer notice.
How much rent arrears is needed for a mandatory eviction?
Ground 8, the main mandatory arrears ground, requires at least three months' arrears (or 13 weeks if rent is paid weekly or fortnightly) both when you serve the notice and at the hearing. If the tenant pays enough to fall below that level before the hearing, the mandatory ground no longer applies.
How long is the notice period to evict a tenant now?
It depends on the ground. Serious rent arrears (Ground 8) needs four weeks. Landlord moving in or selling (Grounds 1 and 1A) needs four months. Redevelopment (Ground 6) needs four months. Anti-social behaviour (Ground 14) allows proceedings to start immediately, subject to the court's timing.
Can I evict a tenant to carry out EPC or improvement works?
No. There is no Section 8 ground for EPC works. Ground 6 covers substantial reconstruction, not routine energy upgrades, and Ground 1A requires a genuine intention to sell. If a tenant refuses access, the route is a MEES tenant consent exemption, not eviction.
Do evictions go through the court or the tribunal?
The county court. The First-tier Tribunal handles rent increases, penalty appeals, and rent repayment orders, but it does not make possession orders. All evictions run through the court on a Section 8 ground.
Can I evict a tenant to sell my property?
Yes, using Ground 1A, which is a mandatory ground requiring a genuine intention to sell and four months' notice. You cannot use it in the first 12 months of the tenancy, and misusing it (for example, re-letting instead of selling) exposes you to civil penalties.
This article was last updated on 19 July 2026 and reflects the Renters' Rights Act 2025 as in force following Phase 1 on 1 May 2026. It is general information, not legal advice. Always check the current prescribed forms and notice periods before serving notice, and consult a solicitor or your landlord association for property-specific matters. For more, visit the EPCGuide Research Hub.
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