Landlord Law Guide
Landlord's Guide to Eviction Under the Renters' Rights Act
How eviction works now that Section 21 has been abolished, the new Section 8 grounds, the court process, and what landlords must do to comply.
Important: Section 21 has been abolished
The Renters' Rights Act has abolished Section 21 'no-fault' evictions. All evictions must now be based on a specific ground under Section 8. This guide explains the new rules.
What has changed under the Renters' Rights Act?
The Renters' Rights Act fundamentally changes the landlord-tenant relationship in England. The key changes for landlords are:
- Section 21 no-fault evictions are abolished — you must have a specific reason to evict
- All tenancies become periodic (rolling month-to-month) — fixed-term tenancies are abolished for new tenancies
- Tenants can give 2 months' notice to leave at any time
- New and expanded Section 8 grounds for possession
- A new Private Rented Sector Ombudsman and Property Portal are introduced
- A Decent Homes Standard applies to the private rented sector
The key Section 8 grounds for possession
Landlord or family member moving in
The landlord or a close family member intends to occupy the property as their only or principal home. Cannot be used within the first 12 months of the tenancy.
Landlord intends to sell
The landlord intends to sell the property. Cannot be used within the first 12 months of the tenancy.
Redevelopment
The landlord intends to demolish or substantially redevelop the property and cannot reasonably do so with the tenant in occupation.
Serious rent arrears
The tenant has at least 3 months' rent arrears at the date of the notice and at the date of the hearing. If the conditions are met, the court must grant possession.
Anti-social behaviour
The tenant or someone living in or visiting the property has been guilty of conduct causing or likely to cause nuisance or annoyance to neighbours or the landlord.
Serious anti-social behaviour
The tenant has been convicted of a serious offence, received a civil injunction for anti-social behaviour, or been subject to a closure order.
The eviction process step by step
Check the ground applies
Identify the correct Section 8 ground and ensure all conditions are met. Using the wrong ground, or failing to meet the conditions, will result in the notice being invalid.
Serve a valid Section 8 notice
Serve the prescribed Section 8 notice (Form 3) on the tenant, specifying the ground(s) relied on and the date after which possession proceedings may be issued. The notice must be served correctly — by hand, first class post, or as specified in the tenancy agreement.
Wait for the notice period to expire
The notice period varies by ground (see above). You cannot issue court proceedings until the notice period has expired.
Issue court proceedings
If the tenant has not vacated, issue a claim for possession in the county court. For mandatory grounds, you can use the accelerated possession procedure. For discretionary grounds, a full hearing is required.
Attend the hearing
For discretionary grounds, you must attend court and persuade the judge that it is reasonable to grant possession. For mandatory grounds, the court must grant possession if the conditions are met.
Enforce the order
If the tenant does not leave by the date in the possession order, apply for a warrant of possession. County court bailiffs will then attend to evict the tenant.
Frequently Asked Questions About Landlord Eviction Under the Renters' Rights Act
Has Section 21 been abolished?
Yes. The Renters' Rights Act abolishes Section 21 'no-fault' evictions. Once the Act is in force, landlords will no longer be able to evict tenants simply by serving a Section 21 notice. All evictions must be based on one of the specified grounds under Section 8 of the Housing Act 1988 (as amended).
When did the Renters' Rights Act come into force?
The Renters' Rights Act received Royal Assent in 2025. The abolition of Section 21 and the new tenancy regime are expected to come into force in 2025/2026. The exact commencement date will be confirmed by the government. All existing tenancies will convert to the new periodic tenancy regime on commencement.
What are the new Section 8 grounds for eviction?
The Act significantly expands the Section 8 grounds. Key grounds include: Ground 1 (landlord or family member wishes to move in), Ground 1A (landlord wishes to sell), Ground 6 (redevelopment), Ground 7A (anti-social behaviour), Ground 8 (at least 3 months' rent arrears), and Ground 14 (nuisance). Each ground has specific notice requirements and conditions that must be met.
How much notice must I give a tenant?
Notice periods vary by ground. For rent arrears (Ground 8), the notice period is 4 weeks. For the landlord moving in (Ground 1) or selling (Ground 1A), the notice period is 4 months. For anti-social behaviour (Ground 14), the notice period is immediate (the application can be made on the same day as the notice). Always check the specific requirements for each ground.
What happens if a tenant does not leave after a Section 8 notice?
If the tenant does not vacate by the date specified in the notice, you must apply to the court for a possession order. You cannot evict a tenant yourself — this is illegal. The court will list the case for a hearing. If the court grants a possession order and the tenant still does not leave, you must apply for a warrant of possession and instruct bailiffs.
Can I evict a tenant for rent arrears?
Yes, under Ground 8 (mandatory) if the tenant has at least 3 months' rent arrears at the date of the notice and at the date of the hearing. There is also Ground 10 (discretionary) for any level of arrears, and Ground 11 (discretionary) for persistent late payment. For mandatory Ground 8, the court must grant possession if the conditions are met.
What is the new Decent Homes Standard and how does it affect evictions?
The Renters' Rights Act introduces a Decent Homes Standard for the private rented sector. Landlords who fail to meet the standard may face enforcement action from local authorities. Importantly, a landlord who has received a relevant enforcement notice may be prevented from relying on certain possession grounds until the breach is remedied.
Do I need a solicitor to evict a tenant?
You are not legally required to use a solicitor, but it is strongly advisable. Errors in the notice, the court application, or the hearing can result in the case being dismissed and the process starting again. A solicitor ensures the correct ground is used, the notice is properly served, and the court application is correctly completed.
Need Help Evicting a Tenant?
Our landlord solicitors in Chester can guide you through the new eviction process under the Renters' Rights Act. Call us for a confidential initial discussion.