How to evict a tenant in 2026 now Section 21 has been abolished

What changed on 1 May 2026?

The Renters' Rights Act 2025 came into force on 1 May 2026. It is the biggest change to the private rented sector in over thirty years. Three things happened on that date.

First, Section 21 no-fault eviction was abolished. Landlords can no longer give notice without a reason.

Second, every existing assured shorthold tenancy (AST) automatically converted to an assured periodic tenancy. This happened by operation of law. You don't need to issue new agreements or have your tenant sign anything.

Third, all eviction now requires a specific legal ground under Section 8 of the Housing Act 1988. The grounds have been reworked to fit the new system.

If you've been a landlord for a few years, this feels like a significant shift. It is. We won't pretend otherwise. But the system isn't lawless, and most reasonable possession scenarios are still covered by the new grounds. The full official position is set out in the government's overview for landlords.

What replaced Section 21?

There is no direct replacement. The old "no reason needed" route is gone. In its place is a strengthened Section 8 system with around seventeen grounds for possession, some mandatory and some discretionary.

For a landlord who wants to regain possession in 2026, the practical options are:

• A landlord wanting to sell the property uses Ground 1A.
• A landlord (or close family member) wanting to move in uses Ground 1.
• Persistent rent arrears uses Ground 8 (now requires three months' arrears, up from two).
• Anti-social behaviour uses Ground 7A or Ground 14.
• Persistent breach of the tenancy uses Ground 12.

There are others for specific circumstances such as death of tenant, repossession by a lender, or employment-tied tenancies. The grounds for "I want my property back without a reason" are gone.

Can landlords still evict tenants in 2026?

Yes, but the process is slower and the bar is higher.

For Ground 1A (sell) and Ground 1 (move in), you must give the tenant four months' notice. You also can't use these grounds within the first twelve months of the tenancy. So if you bought a property with a tenant on 1 March 2026, you can't serve notice to sell until 1 March 2027 at the earliest, and they then have four months to leave.

For rent arrears (Ground 8), the threshold has moved from two months to three months of unpaid rent. The notice period is four weeks. After the notice expires, you still need to apply to court for a possession order if the tenant doesn't leave.

For anti-social behaviour, notice can be as short as immediate (Ground 14) or two weeks (Ground 7A), but you'll need solid evidence. Courts won't grant possession on weak claims.

What are the new grounds for possession in 2026?

Here is the practical breakdown of the most relevant grounds for landlords:

Ground 1A: Landlord wishes to sell

Mandatory ground. Four months' notice. Cannot be used in first twelve months of tenancy. Cannot re-let the property within twelve months of using this ground.

Ground 1: Landlord or close family member wants to occupy

Mandatory ground. Four months' notice. Cannot be used in first twelve months. The property must become the principal home of the landlord or a close family member.

Ground 8: Three months of rent arrears

Mandatory ground. Four weeks' notice. The tenant must still be three months in arrears at the time of the court hearing for the ground to be made out.

Ground 10 and Ground 11: Some arrears or persistent late payment

Both discretionary. Ground 10 covers some arrears at notice and at hearing. Ground 11 covers persistent late payment even where there are no arrears at the moment.

Ground 12: Breach of tenancy obligations

Discretionary ground. Two weeks' notice. Covers breaches such as unauthorised pets, sub-letting, or running a business from the property contrary to the agreement.

Ground 7A: Serious anti-social behaviour

Mandatory ground. Two weeks' notice or immediate, depending on the trigger. Requires a court conviction, an injunction, or a closure order.

Ground 14: Anti-social behaviour or unlawful use

Discretionary ground. Notice can be served immediately. Used where Ground 7A doesn't apply but the behaviour is serious.

Mandatory means the court must grant possession if the ground is proven. Discretionary means the court can refuse if it isn't reasonable. For the full official list, see the government's grounds for possession guidance.

How long does the new eviction process take?

Honest answer: longer than before. For most grounds, expect six to nine months from serving notice to actually getting possession.

The timeline for a sale-related eviction (Ground 1A) looks roughly like this:

• Day 1: Serve four-month notice on the correct form.
• Month 4: Notice expires. If the tenant hasn't left, apply to court for a possession order.
• Month 6 or 7: Court hearing date set.
• Month 8 or 9: Possession order granted, with typically fourteen days for the tenant to leave.
• Month 9 to 12: If the tenant still doesn't leave, apply for bailiffs to enforce the order.

If the tenant defends the claim or the case is complex, this can extend further. Court backlogs in 2026 mean even straightforward cases are taking longer than the headline figures suggest.

For arrears cases under Ground 8 the timeline is shorter, typically four to six months from notice to enforcement.

What happens if a landlord gets it wrong?

This is where the new rules bite hardest. Procedural mistakes can be very expensive.

Fines under the Renters' Rights Act range from £7,000 to £40,000 depending on the breach and whether it is a first or repeat offence.

The most common ways landlords get caught out:

• Failing to give the new tenant Information Sheet by 31 May 2026. This document has to be issued to every tenant. The fine for not doing so can be up to £7,000.
• Using the wrong ground for the situation. If you serve notice under Ground 1A claiming you want to sell, then re-let the property within twelve months, that is a serious breach with fines up to £40,000.
• Increasing rent more than once a year, or above the advertised rate. Both are now restricted.
• Asking for more than one month's rent in advance. This was common in some lettings. It is no longer allowed.

If you are operating under the new rules, professional advice is sensible. The cost of a mistake is now much higher than the cost of a solicitor.

Is there an alternative to going through the eviction process?

Yes. The most direct alternative is to sell the property with the tenant in place.

This is often misunderstood. Many landlords assume a sale requires the tenant to leave first. It doesn't. A property with a sitting tenant can be sold to a cash buyer or specialist investor who is happy to inherit the tenancy.

The advantages:

• You skip the four-month notice period under Ground 1A.
• You skip the court hearing.
• You skip the risk of the tenant defending the claim.
• You skip the twelve-month ban on re-letting.
• The tenant stays in their home.

The trade-off is the offer. A tenanted property typically sells at a discount to vacant possession value. Our offers on tenanted property are generally 80 to 85% of market value. In exchange you avoid all the costs and time of the eviction route. We buy tenanted properties across South Yorkshire, including Sheffield, Rotherham, Doncaster, Barnsley, and the surrounding areas. The tenant remains in place. Cleared funds in as little as seven days.

For more on this route, see our guide to selling a house with tenants in situ or our longer piece on how to sell a property portfolio quickly.

Please note: taxes, including Capital Gains Tax and Stamp Duty Land Tax, are not covered by SYPB and remain the seller's responsibility. We recommend seeking independent tax advice if applicable.

Common questions

Is Section 21 completely gone in 2026?

Yes. Section 21 no-fault eviction was abolished from 1 May 2026 in England. It cannot be used for any new or existing tenancy from that date.

Can I evict a tenant for selling my property in 2026?

Yes, under Ground 1A. You must give four months' notice, cannot use the ground within the first twelve months of the tenancy, and cannot re-let the property for twelve months after using it.

How much rent arrears does a tenant need to be in for eviction?

For Ground 8 (the mandatory rent arrears ground), the tenant must be three months in arrears at the time of notice and at the time of the court hearing. The threshold was raised from two months under the new rules.

What is the new Information Sheet I have to give tenants?

The government's Renters' Rights Act Information Sheet 2026 must be given to every tenant by 31 May 2026. Failure to do so can result in a fine of up to £7,000. The sheet is available on the gov.uk Renters' Rights Act guidance page.

Can I sell a tenanted property without going through the courts?

Yes. A specialist cash buyer can purchase the property with the tenant in place. The tenancy transfers to the new owner on completion. No court proceedings are required.