Landlord Law Guide
Landlord Services: Evictions, Arrears & Tenancy Law
Everything landlords need to know about evictions under the Renters' Rights Act, recovering rent arrears, tenancy agreements, and resolving disputes with tenants.
The Renters' Rights Act: What Landlords Need to Know
The Renters' Rights Act 2025 is the most significant change to landlord and tenant law in a generation. The key changes affecting landlords are:
- Section 21 abolished — no-fault evictions are no longer possible. All evictions must be based on a specified ground.
- Fixed-term tenancies abolished — all new tenancies are periodic (rolling). Existing fixed-term tenancies convert to periodic tenancies when they expire.
- Rent increases limited — landlords can only increase rent once per year using a formal Section 13 notice. Tenants can challenge increases at the First-tier Tribunal.
- Decent Homes Standard — extended to the private rented sector for the first time.
- Awaab's Law — landlords must investigate and fix hazardous conditions (including damp and mould) within strict timeframes.
- Private Rented Sector Database — landlords must register on the new national database.
Evictions Under Section 8
With Section 21 abolished, all evictions must now proceed under Section 8 of the Housing Act 1988. Section 8 requires the landlord to specify one or more grounds for possession. Grounds are either mandatory (the court must grant possession if the ground is proved) or discretionary (the court may grant possession if it considers it reasonable to do so).
The most important mandatory grounds for landlords are:
- Ground 8 — at least 2 months' rent arrears at the date of the notice and at the hearing. This is the most powerful ground for landlords dealing with non-paying tenants.
- Ground 1 — the landlord (or a close family member) wishes to move into the property as their only or principal home. 4 months' notice required.
- Ground 6 — the landlord intends to demolish or substantially redevelop the property.
The eviction process involves: serving the Section 8 notice; waiting for the notice period to expire; issuing possession proceedings in the County Court; attending a possession hearing; obtaining a possession order; and if necessary, instructing bailiffs to enforce the order.
Recovering Rent Arrears
Rent arrears can be recovered as part of possession proceedings or through a separate County Court claim. If you obtain a County Court Judgment (CCJ), you can enforce it by:
- Instructing County Court bailiffs or High Court Enforcement Officers
- Applying for an attachment of earnings order (if the tenant is employed)
- Applying for a third-party debt order (to freeze bank accounts)
- Applying for a charging order on the tenant's property
Tenancy Agreements
A well-drafted tenancy agreement is your first line of defence. Under the Renters' Rights Act, all new tenancies must be periodic (rolling monthly or weekly). Fixed-term tenancies are no longer permitted for new residential tenancies.
Your tenancy agreement should be reviewed to ensure it complies with the new legislation. Clauses that are inconsistent with the Act — such as fixed-term provisions or rent review clauses that allow more than one increase per year — will be unenforceable.
Frequently Asked Questions
Has Section 21 been abolished?
Yes. Section 21 "no-fault" evictions were abolished by the Renters' Rights Act 2025. Landlords can no longer serve a Section 21 notice to end a tenancy without giving a reason. All evictions must now be based on one of the specified grounds in Section 8 of the Housing Act 1988, as amended.
What are the main grounds for eviction under Section 8?
The most commonly used grounds include: Ground 8 (mandatory) — at least 2 months' rent arrears at the time of the notice and at the hearing; Ground 14 (discretionary) — nuisance or anti-social behaviour; Ground 1 (mandatory) — the landlord wishes to move back into the property; and Ground 6 (mandatory) — the landlord intends to redevelop. The notice period and whether the ground is mandatory or discretionary varies.
How long does an eviction take?
Under the new system, the process typically takes 4–8 months from serving the Section 8 notice to obtaining a possession order and enforcing it. Mandatory grounds (such as Ground 8 for rent arrears) are faster because the court must grant possession if the ground is proved. Discretionary grounds give the court more flexibility and can take longer.
What notice period must I give before evicting a tenant?
Notice periods depend on the ground used. For Ground 8 (rent arrears), the notice period is 4 weeks. For Ground 1 (landlord moving back in), it is 4 months. For anti-social behaviour grounds, it can be as little as 2 weeks. Always check the current notice period for the specific ground — these have changed under the Renters' Rights Act.
Can I recover rent arrears through the courts?
Yes. You can claim rent arrears as part of possession proceedings, or separately through the County Court. For debts up to £10,000, the small claims track is usually appropriate. For larger amounts, the fast track or multi-track applies. A County Court Judgment (CCJ) can be enforced by bailiffs, attachment of earnings, or a charging order on the tenant's property.
What must a tenancy agreement include?
A tenancy agreement should include: the names of landlord and tenant; the property address; the rent amount and payment date; the deposit amount and which scheme it is protected in; the tenancy start date; the notice periods; and the obligations of both parties. Under the Renters' Rights Act, all tenancies are now periodic (rolling) — fixed terms are no longer permitted for new tenancies.
What are my obligations as a landlord regarding deposits?
You must protect any deposit in a government-approved scheme (DPS, MyDeposits or TDS) within 30 days of receiving it, and provide the tenant with prescribed information about the scheme. Failure to do so means you cannot serve a valid Section 8 notice on certain grounds, and the tenant can claim up to 3 times the deposit amount as a penalty.
What is the Decent Homes Standard and does it apply to private landlords?
The Renters' Rights Act extends the Decent Homes Standard to the private rented sector for the first time. Properties must be free from serious hazards (Category 1 hazards under the Housing Health and Safety Rating System), be in a reasonable state of repair, have reasonably modern facilities, and provide a reasonable degree of thermal comfort.
Can a tenant challenge a rent increase?
Yes. Under the Renters' Rights Act, landlords can only increase rent once per year using a formal Section 13 notice. Tenants can challenge the increase by applying to the First-tier Tribunal (Property Chamber), which will determine the market rent for the property. The landlord cannot increase rent above the market rate.
Do I need a solicitor to evict a tenant?
You are not legally required to use a solicitor, but it is strongly advisable. The eviction process is complex, and procedural errors — such as serving the wrong notice, using the wrong form, or failing to comply with prescribed information requirements — can invalidate the proceedings and require you to start again. A solicitor can ensure the process is followed correctly from the outset.
Speak to a Landlord Solicitor
PDA Law advises landlords on evictions, rent arrears, tenancy agreements and compliance with the Renters' Rights Act. Fixed fees available for straightforward possession claims.