Section 21 Abolished: The 2026 Possession Cliff for Landlords
Section 21 no-fault eviction was abolished in England on 1 May 2026 under the Renters' Rights Act 2025, so every eviction now needs a specific Section 8 ground. With the courts already running a median of 46.7 weeks from claim to enforced possession, a landlord who wants to sell often faces 9 to 14 months of waiting. Selling with the tenant in situ avoids that queue entirely.
Quick answer: Section 21 no-fault eviction was abolished in England on 1 May 2026 under the Renters' Rights Act 2025, so every eviction now needs a specific Section 8 ground. To sell you need Ground 1A, which means four months' notice, a court queue running at a median of 46.7 weeks from claim to enforced possession, and a twelve-month ban on re-letting. Nine to 14 months from decision to completed sale is common. Selling with the tenant in situ skips the queue and can complete in 7 to 28 days, though a landlord who owns outright and can wait may still net more on the open market.
What the possession cliff actually is
For years, Section 21 was the landlord's clean exit. Serve two months' notice, no reason needed, and if the tenant didn't leave you had a fast accelerated court route that rarely needed a hearing. That door closed on 1 May 2026. Under the Renters' Rights Act 2025, Section 21 no-fault eviction was abolished in England, every existing assured shorthold tenancy converted by law to an assured periodic tenancy, and the only way to regain possession now is a specific Section 8 ground.
The "cliff" is the gap between how quickly landlords used to be able to act and how slowly the system now moves. There is more demand on the courts, longer notice periods, and stricter grounds, all arriving at once. If you are a landlord who has decided to sell, the practical question is no longer "can I get my property back", it is "how many months of mortgage, void periods and stress will it cost me to get there". This page walks through that honestly, and shows the one route that sidesteps the queue.
Why eviction is slow in 2026: the court backlog
The delay isn't a rumour, it is in the official figures. The Ministry of Justice's Mortgage and Landlord Possession Statistics for October to December 2025 show a national median of 46.7 weeks from a possession claim being issued to an enforced repossession by County Court bailiff. That is close to eleven months, and it is a median, so half of all cases take longer.
In South Yorkshire, possession claims are listed at Sheffield Combined Court Centre, 50 West Bar, Sheffield S3 8PH, and at Doncaster Justice Centre. These courts broadly track the national median. On top of the court time you now have to add the notice period before you can even issue a claim, which for a sale is four months. Court backlogs through 2026 mean even a straightforward undefended case regularly runs longer than the headline numbers suggest. If a tenant defends, requests adjournments, or the case waits on bailiff availability, the timeline stretches further still.
Ground 1A: the sale ground, and what it really costs
The Renters' Rights Act created Ground 1A, a mandatory Section 8 ground for landlords who intend to sell. On paper it solves the problem of no longer having Section 21. In practice it comes with three tight conditions that catch a lot of landlords out.
First, you must give four months' notice, not two. Second, you can't use Ground 1A in the first twelve months of a tenancy. Third, once you have used it you can't re-let the property for twelve months. Misusing the ground, for example serving notice to sell and then quietly re-letting inside that window, can attract a civil penalty of up to £40,000 and may be prosecuted as a criminal offence.
Add it up. Four months' notice, then a court application, a hearing typically two to three months after issue, a possession order with around fourteen days to vacate, and bailiff enforcement if the tenant still doesn't leave. Six to nine months from notice to vacant possession is realistic on an undefended claim, and the total timeline to a completed sale is commonly nine to fourteen months. Every one of those months is another mortgage payment on a property you have already decided to leave.
Rent arrears isn't the shortcut it used to be
Some landlords assume that if a tenant falls behind, the arrears ground will be faster than the sale ground. That has changed too. Under the new rules the mandatory rent arrears ground, Ground 8, now requires the tenant to be three months in arrears at the time of notice and again at the time of the court hearing. The threshold was raised from two months to three.
That higher bar means a tenant can pay down just enough before the hearing to defeat a mandatory claim, and the same court backlog applies to arrears cases as to any other. Relying on arrears to speed up an exit is a gamble, not a plan. If your real goal is to sell rather than to punish, there is a cleaner option that doesn't depend on the tenant's behaviour at all.
The exit that skips the queue: selling with the tenant in situ
Here is the part most landlords don't realise until they run the numbers. You don't have to evict anyone to sell. The tenancy simply transfers to the new owner on completion, and they become the landlord. Selling with the tenant in situ isn't affected by the Renters' Rights Act, which is exactly why it has become the fastest exit route in 2026.
Sell to a specialist cash buyer with the tenant in place and you avoid the four-month notice, the court process, the bailiff wait, and the twelve-month re-let ban. A cash sale with the tenant in situ can complete in seven to twenty-eight days. Tenanted property typically sells for around 80 to 90% of vacant possession value on the open market to another investor. A sale to a cash buyer will usually also come in under vacant possession value, and on some properties that gap is real. We don't work to a percentage. Every property is priced on what it actually is, the tenancy, the rent and the condition, and the figure we give you is our best offer based on what you have told us, not a low opening number we then work up. It only changes if conveyancing turns up something material, such as a title defect or a structural problem, or if the property turns out to be different from how it was described. Whether the eviction route beats it depends entirely on your own figures. If the property is mortgage-free, or your tenant is likely to leave without a court order, waiting and selling with vacant possession will usually net you more. If instead you are carrying nine to fourteen months of mortgage payments, void periods, eviction costs and a twelve-month re-let ban, the gap narrows a long way. Work it out on your own numbers before you decide. You also hand the compliance obligations, the EPC and Decent Homes duties, to the new owner on completion, so you aren't funding upgrades on a property you are leaving.
You aren't the only one heading for the exit
If it feels like a lot of landlords are selling at once, that is because they are. The NRLA's Q1 2026 quarterly survey reported that 41% of landlords planned to reduce the size of their portfolios over the following twelve months, with regulatory change cited as the leading reason. Rightmove and Zoopla data published in May 2026 showed new listings of previously-let property running roughly 28 to 34% above the same week in 2025 across the major English regions.
What that means for you is competition. A wave of similar tenanted and ex-rental properties hitting the open market at the same time tends to soften prices and lengthen sale times for the ones that go through an agent. Moving early, and choosing a route that doesn't depend on the crowded open market, protects you from being one of many near-identical listings competing for the same shrinking pool of buyers.
What to do next if you have decided to leave
If your mind is made up, the order of operations matters. Work out your position first: what is left on the mortgage, what your Capital Gains Tax exposure looks like, and whether the tenancy is inside its first twelve months, which would rule out Ground 1A for now anyway. Then choose your route with the real timeline in front of you rather than the headline one.
If you can wait a year and want full open-market price, the eviction-then-sell route is available, with all the cost and delay set out above. If you want certainty and speed, selling with the tenant in situ removes the court queue from the equation entirely. We are a small local team and we buy tenanted and vacant property across Sheffield, Rotherham, Doncaster and Barnsley with our own funds, so your details aren't passed to anyone else. We are happy to take the property with the tenant in place, which means no eviction to organise and no notice to serve.
Frequently asked questions
Yes. Section 21 no-fault eviction was abolished in England on 1 May 2026 under the Renters' Rights Act 2025. It can't be used for any new or existing tenancy from that date. Every eviction must now use a specific Section 8 ground.
The Ministry of Justice's Mortgage and Landlord Possession Statistics for October to December 2025 show a national median of 46.7 weeks from claim issue to enforced repossession by County Court bailiff. Sheffield Combined Court Centre and Doncaster Justice Centre broadly track this median, and individual cases vary widely depending on defence, adjournments and bailiff availability.
Yes, using Ground 1A, the new mandatory ground for landlords who intend to sell. It requires four months' notice, can't be used in the first twelve months of the tenancy, and bans re-letting the property for twelve months after use. Misuse can attract a civil penalty of up to £40,000.
Six to nine months is realistic from notice to vacant possession on an undefended claim, and the total timeline to a completed sale is commonly nine to fourteen months once you add the four-month notice, the court hearing, the possession order and any bailiff enforcement. Court backlogs in 2026 mean even simple cases often run longer than the headline figures.
Not reliably. The mandatory arrears ground, Ground 8, now needs the tenant to be three months in arrears both when notice is served and at the court hearing, up from two months. A tenant can pay down just below the threshold before the hearing, and the same court backlog applies, so arrears isn't a dependable shortcut.
No. The tenancy transfers to the new owner on completion and they become the landlord. Selling with the tenant in situ isn't affected by the Renters' Rights Act and avoids the four-month notice, the court process and the twelve-month re-let ban entirely.
Tenanted property typically sells for around 80 to 90% of vacant possession value on the open market to another investor. A sale to a cash buyer will usually also come in under vacant possession value, but there is no fixed percentage. Every property is priced on the building, the tenancy and the rent, so we won't put a number on yours before we have spoken to you. Once you offset nine to fourteen months of further mortgage payments, void periods, eviction costs and the re-let ban from the eviction route, the net difference is often small and sometimes reverses.
A cash sale with the tenant in place can complete in as little as seven to twenty-eight days, because there is no eviction to organise, no notice period, no chain and no mortgage buyer to wait on.
Yes. The NRLA's Q1 2026 survey reported 41% of landlords planned to reduce their portfolios over the following twelve months, and May 2026 Rightmove and Zoopla data showed new listings of previously-let property running roughly 28 to 34% above the same week in 2025. That competition tends to soften open-market prices and lengthen sale times.
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